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I had a transaxle installed by a junkyard last month. The receipt states "30 days warranty on all parts", along with "We are not responsible for any labor on parts not installed by our shop" (preprinted at the bottom), with "30 day warranty" hand-written in the middle. I asked them to replace the axle seals while they had it. Specifically, this is what's pre-printed: Of course, it's leaking from one of the axle seals. The owner of the yard said he'll cover the seal itself ($10), but not the labor (he wouldn't give a concrete answer on labor, only claiming $50-150). I argued that I specifically stated I wanted the seals replaced (though this was verbal), and that the receipt implies labor is covered if his shop installs parts. He also stated to me when I picked up the car that he would fix any leaks, but again, that was verbal. I found a "How to sue in small claims court" guide on texasbar.com - and it states that it's a good idea to have the car present so it can be viewed. However, I'm wanting to get this fixed sooner rather than later (and being a manual, there's no dipstick - you have to remove a plug to add gear oil), particularly since I have a road trip planned soon. You can't exactly find 80W90 GL-4 gear oil at the corner store, nor can you fill this transaxle without a 1/2" drive breaker bar and a looooooong funnel. I was thinking I would go ahead and have the seal replaced by my regular mechanic, get a couple of photos of the leaking seal and the stain on the driveway, and include the receipt for the seal replacement. Would this be a decent small claims case, or am I pretty much out the ~$100 my regular shop would charge me for this? The only reason I had the junkyard install it is they said they would warranty it only if they installed it - and they were also able to undercut my regular shop significantly on labor. Texas, Denton County. edit: if it matters, today is the 30th day. All contact since picking up the car has been via phone. randomidiot fucked around with this message at 06:37 on Jul 18, 2012 |
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Jul 18, 2012 06:30
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I'll probably be quitting my job soon. I have a weeks paid vacation coming up (Aug 6-10) If I give my 2 week notice, does my employer have to pay me for that week even if the 2 weeks ends before the 6th? If the 2 weeks includes the vacation, she has to pay me, right? This is a very small office and it's in Connecticut. Thanks.
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Jul 19, 2012 11:33
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Quisty posted:I'll probably be quitting my job soon. I have a weeks paid vacation coming up (Aug 6-10) No. Yes.
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Jul 19, 2012 12:08
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I couldn't find anything on the front page about this (UK problem). I live in the UK, but am not a UK citizen, I live here on a studentship. A driver nearly killed me today, he claims I was cycling irresponsable (I wasn't), he damaged the axle of his car avoiding me, there were no witnesses, and neither of us were hurt (nor was my bicycle), I need to figure out to what extent I'm liable for the damage to his car, I guess I should contact some kind of legal advice bureau but I don't know how to go about that (i'm poor).
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Jul 19, 2012 12:26
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Alchenar posted:No. Is that true? I know at my job, annual leave accrues such that you get paid for unused leave when you quit, but I don't know if that's part of my union-negotiated poo poo, or if it's just "hey, it's the law."
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Jul 19, 2012 13:53
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kanonvandekempen posted:I couldn't find anything on the front page about this (UK problem). Did you at least try google first? http://www.legalservices.gov.uk/ http://www.legalservices.gov.uk/civil/guidance/help_if_you_cant_get_legal_aid.asp http://www.citizensadvice.org.uk/ Seriously, you have time to join Goonfleet and post in porn threads but the time it takes to google search something is just too much of an investment? The hell is wrong with you? (USER WAS PUT ON PROBATION FOR THIS POST)
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Jul 19, 2012 14:18
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In my state (PA) employees only have to pay vacation if they contractually promised to provided it.
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Jul 19, 2012 14:23
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El_Elegante posted:
This seems unnecessarily harsh.
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Jul 19, 2012 14:30
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entris posted:This seems unnecessarily harsh. That's because it is! On the other hand I have zero problem getting probated for making fun of lazy as poo poo posters. To the poster below: I'll wager a months' probation that none of those things are true. If he had put in the minimum amount of research into his situation he would have posted a more detailed question rather than say "I guess I should contact some kind of legal advice bureau but I don't know how to go about that (i'm poor)". Coming from the guy who wrote this, no less! El_Elegante fucked around with this message at 15:03 on Jul 19, 2012 |
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Jul 19, 2012 14:35
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El_Elegante posted:Did you at least try google first? Please a track everyone's post history then chastise them for asking a legal question in the legal thread. Maybe he did google and he was using this as a second source. Maybe the dialogue would help him understand better. Or maybe there's someone with expertise in the matter that could help him understand what he already googled or what he will google. Or maybe non of that poo poo matters because he posted a legal question in the legal question thread.
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Jul 19, 2012 14:38
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Baruch Obamawitz posted:Is that true? I know at my job, annual leave accrues such that you get paid for unused leave when you quit, but I don't know if that's part of my union-negotiated poo poo, or if it's just "hey, it's the law." Ok, It's going to be contract/jurisdiction specific, but in absence of a specific rule/provision otherwise then contractual rights terminate with the contract, which is why it's standard to take your paid leave before you issue your notice.
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Jul 19, 2012 14:41
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El_Elegante posted:Did you at least try google first? You would have noticed that I also post in the UK threads, which is filled with stories from goons about how government services such as the police or job seeking agencies are screwing them, so I thought it might be a good idea to see if anyone had some advice on what to do beyond what I could find from a simple google search. Not to mention I also post in various science and travel advice threads, but please do focus on one post in a thread about porn. EDIT: Also when I wrote the first post I was pretty shaken up over narrowly avoiding a serious accident. In a country where I am pretty much a stranger and not very familiar with all the options open to me. kanonvandekempen fucked around with this message at 15:10 on Jul 19, 2012 |
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Jul 19, 2012 15:05
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El_Elegante posted:That's because it is! On the other hand I have zero problem getting probated for making fun of lazy as poo poo posters. I didn't report your post or anything, I just called you out for being a dick - so I don't know that you would get probated for being a jerk. Theoretically, every question in this thread could be answered with "Here are some free legal aid resources, call them" rather than providing a generalized answer. I read his post as a question about his potential liability - ie, he wanted a better understanding of whether he was liable or not. Sure, a call to a legal aid group could get him representation, and I think you did the right thing in posting some helpful links, but his underlying question is valid in this thread. I don't think people should feel like their post history is going to get scrutinized if they come in here and ask a question. Obviously a preliminary google search is a good thing to do, but there isn't anything wrong with asking directly either. edit: El_Elegante I went ahead and strolled through your post history... you appear to be a med student, not a law student or lawyer (unless I missed something, which is admittedly possible because reading your post history is about as pleasurable as poking myself in the eye). So why are you messing around in here? None of your responses in this thread have been particularly helpful in providing legal discussion. I am quite a bit annoyed that you jump down this guy's throat for not googling when your own participation in this thread can be best described as "unneeded layperson interference." entris fucked around with this message at 15:31 on Jul 19, 2012 |
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Jul 19, 2012 15:21
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El_Elegante posted:Coming from the guy who wrote this, no less! Are you really going through people's post history to justify your trolling. That guy was asking for a website address, not legal advice from people who have years of education and experience in the field of law.
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Jul 19, 2012 16:25
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kanonvandekempen posted:I couldn't find anything on the front page about this (UK problem). Let's not be a dick to the buy who's just been in a near-fatal accident. 1) Your university/college should have an advice centre that can give you free legal advice. Talk to the student union. 2) It's your word against his. If you say you didn't cause the accident, then he has to prove that you did. 3) How does he have your personal details? 4) No witnesses, no physical evidence? He can whistle for it, you won't be liable for anything.
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Jul 19, 2012 16:36
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Apologies if this isnt the right thread for this, and if anyone can point me in the right direction, that would be awesome.. Anyone know much about immigration laws in NYC, or what my friend's options are? We are still trying to figure out what to do, but here's the story: My friend was born in Mexico, and has illegally lived in NYC since she was 3. She was in court due to being found holding a small amount of marijuana, and when she walked out, immigration got her. We aren't even sure where she is. We think at the immigration facility in Rockrfeller Center. Her family has an immigration lawyer they've been working with for the past few years. Her brother was deported over a year ago - he was jailed for theft, then shipped out to Mexico after he was in jail for a year. He tried to come back once, and was caught. I'm not sure if his history applies to her situation. First, I'm trying to locate her for their lawyer. But other than that, I'm pretty powerless. I wish there was something more I could do.
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Jul 19, 2012 20:09
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IANAL but I do know some things about immigration. There are no NYC immigration laws - all immigration stuff is handled on the federal level. She was charged with holding marijuana, but what was the outcome? Was she convicted? Did she plea? Is the case ongoing? You might have heard that the administration decided to provide some relief for young people last month, but whether she is eligible for that depends on a number of factors - if she was convicted or has any other criminal issues, it could prevent it. USCIS hasn't actually implemented the process to request the relief, though, although we can expect it in the next month or so. You said that her family has an immigration lawyer. Assuming the family have alerted them and they are working on the case, that is basically the only thing that can be done. If she is here undocumented there isn't really a lot that can be done (except the above, if she qualifies, or if she happens to be married to a citizen).
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Jul 19, 2012 20:24
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Carebear posted:Apologies if this isnt the right thread for this, and if anyone can point me in the right direction, that would be awesome.. It sucks that you feel powerless, but this is what attorneys are for. Your trying to do this is like taking your car to a transmission shop, and you trying to find the parts without knowing what parts you need or where to go to get them. An immigration lawyer ought to be familiar with how to find people who disappear into the byzantine bowels of ICE. Is he/she an actual attorney or a notario? Options and law? The law is federal law, there is no NY/NYC law to apply. Options? None that I can think of. Even if she hadn't picked up a criminal case, she'd be deportable. By 'holding' (which isn't a defense) do you mean an MJ possession ticket or a charge for distribution? Unfortunately, your friend's history will track her brother's in that she'll be deported, and will have to wait at least 10 years to try to get into the US legally (there is (technically) a domestic violence exception to the exclusion, maybe that could apply?) There are lots of moving parts when criminal law and immigration law intersect. Your friend needs a good immigration attorney to have a chance at coming back.
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Jul 19, 2012 20:41
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Not a legal question, but related to legal process. I have a pretrial hearing for a misdemeanor offense coming up and have already retained a lawyer. Since the lawyer I hired does this on a fixed fee basis and I've already paid I am thinking it could be helpful to bring some sort of gift to butter the lawyer and his office staff up a little bit, but I've got no idea what to bring since I don't know them particularly well. Any suggestions on what an appropriate gift to bring with me would be?
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Jul 19, 2012 22:51
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Jaytan posted:Not a legal question, but related to legal process. I have a pretrial hearing for a misdemeanor offense coming up and have already retained a lawyer. That's not really necessary. Do it if you want, but it's not something they expect, especially since you haven't gone to court yet. I guess if you're really intent on doing this and genuinely grateful, you could send like a cookie basket over to the office- office workers love snacks. But, really, you've paid and he's doing you a service you've paid for.
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Jul 19, 2012 23:00
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Jaytan posted:Not a legal question, but related to legal process. I have a pretrial hearing for a misdemeanor offense coming up and have already retained a lawyer. Things might be different in Freedomland but in the UK it would basically be a career ending ethical violation to accept a gift from a client. Your lawyer should be doing a professional job for you by default. If you are concerned then you should talk to him.
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Jul 19, 2012 23:02
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Jaytan posted:Not a legal question, but related to legal process. I have a pretrial hearing for a misdemeanor offense coming up and have already retained a lawyer. Pay him in advance and don't call more than once a week and he'll loving love you.
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Jul 19, 2012 23:34
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Alchenar posted:Things might be different in Freedomland but in the UK it would basically be a career ending ethical violation to accept a gift from a client. You're allowed to take gifts under the model rules, just not substantial ones, and you're not allowed to solicit gifts from current clients. But if you're giving your clients the impression that they need to give you a gift in addition to your fee in order to get good service from you, you're doing something wrong.
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Jul 19, 2012 23:55
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Alchenar posted:Things might be different in Freedomland but in the UK it would basically be a career ending ethical violation to accept a gift from a client. Yeah, he doesn't have to give his attorney a gift; the guy should do a good job anyways. But in the US, in most states, you're perfectly free to give your attorney a gift, so long as it isn't too big. And they're similarly free to accept it. The lines get far greyer if your lawyer tells you "Oh boy, I'm having such a hard time representing you without X...I guess I'll just find a way to manage without it!" Especially if X is sex, and s/he is representing you in a divorce proceeding.
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Jul 19, 2012 23:55
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As was mentioned paying in advance is probably the greatest gift you can give to an attorney.
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Jul 20, 2012 00:03
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euphronius posted:As was mentioned paying in advance is probably the greatest gift you can give to an attorney. Also not suing for malpractice
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Jul 20, 2012 00:23
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Some updates, before I respond to the questions. I called around and found her being detained in NJ. I found her family a different lawyer, a friend of a friend type of thing - he's with a group that deals with this kind of thing. They are hopefully meeting with him tomorrow. I really stressed that the absolute best thing they can do is cough up the money and go with a good lawyer, so that's the plan.Ashcans posted:She was charged with holding marijuana, but what was the outcome? Was she convicted? Did she plea? Is the case ongoing? You might have heard that the administration decided to provide some relief for young people last month, but whether she is eligible for that depends on a number of factors - if she was convicted or has any other criminal issues, it could prevent it. USCIS hasn't actually implemented the process to request the relief, though, although we can expect it in the next month or so. Yes, in talking to a friend (also a lawyer) he mentioned this as well. I'm not really sure if she was convicted of anything - I don't know all the information. I really, really hope she wasn't convicted. I think the court case yesterday was to fight her being charged with possession. joat mon posted:By 'holding' (which isn't a defense) do you mean an MJ possession ticket or a charge for distribution? Oh yeah, after talking to so many people.. its just WAY too confusing. I am glad that I convinced the family to go with a good lawyer, because if she has a shot, thats her best one. As far as the MJ, I meant possession, sorry if it was confusing. I'm not really sure what you meant by her history tracking her brothers... Either way, thank you both of you for all of the information and advice you have given. If you want, I can update this with how everything is going. Carebear fucked around with this message at 03:36 on Jul 20, 2012 |
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Jul 20, 2012 00:29
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Jaytan posted:Not a legal question, but related to legal process. I have a pretrial hearing for a misdemeanor offense coming up and have already retained a lawyer. I'm shocked and dismayed that this got a serious response that wasn't "a bottle of liquor."
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Jul 20, 2012 01:45
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Baruch Obamawitz posted:I'm shocked and dismayed that this got a serious response that wasn't "a bottle of liquor." gently caress liquor. DON'T CALL ME EVERY loving DAY.
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Jul 20, 2012 03:07
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Alchenar posted:Ok, It's going to be contract/jurisdiction specific, but in absence of a specific rule/provision otherwise then contractual rights terminate with the contract, which is why it's standard to take your paid leave before you issue your notice. In the US, unless you actually have an employment contract (which is rare unless you are actually a contractor rather than an employee) or you're in a union, employment is at-will and can be terminated at any time by either side for any reason (except those reasons specifically prohibited by law, like because of your race/religion/gender or as retaliation for whistle-blowing or sexual harassment complaints, etc.). Paid time off is not required by law, so paid leave policies are entirely up to the company. The law may require companies to follow their own written policies or standard practices regarding time off and other benefits, but those policies can be whatever the company wants. Unless the OP's company policy specifically states that employees can take PTO after putting in notice or that they get paid for unused PTO upon termination of employment, they do not have to let him take a paid vacation or pay him for any unused PTO he has left after his termination date. Also, if pulls the old "Here's my two week notice and also I'm taking next week off!" trick, the company is entirely within their rights to terminate him on the spot and pay him nothing further. Whether that would happen to the OP or not depends on how generous his company is feeling and/or how much the owner likes him personally.
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Jul 20, 2012 04:03
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So basically, take your PTO and then drop your notice? Is that still kosher?
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Jul 20, 2012 04:06
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front wing flexing posted:So basically, take your PTO and then drop your notice? Is that still kosher? It's kind of a derail, but it's basically burning a bridge. It's a lovely thing when they won't pay you for time you technically earned. It's especially lovely when you consider a lot of companies will "loan" PTO and want their money back should you resign but if they "owe" you PTO you're SOL. My advice is to always leave on the best terms possible even if you have to get the lovely end of the stick, especially in 8-9% unemployment times.
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Jul 20, 2012 04:27
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Carebear posted:I called around and found her being detained in NJ. Carebear posted:I found her family a different lawyer, a friend of a friend type of thing - he's with a group that deals with this kind of thing. They are hopefully meeting with him tomorrow. I really stressed that the absolute best thing they can do is cough up the money and go with a good lawyer, so that's the plan. Carebear posted:As far as the MJ, I meant possession, sorry if it was confusing. I'm not really sure what you meant by her history tracking her brothers... By tracking her brother's history, I meant she'd suffer the same fate as him, not that his case would affect hers. I expected the deferment policy to be harsher on criminal history than it really is (at the moment) Good luck.
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Jul 20, 2012 05:37
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joat mon posted:
Immigration law sucks.
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Jul 20, 2012 06:46
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front wing flexing posted:So basically, take your PTO and then drop your notice? Is that still kosher? You can typically get away with it. Most HR people are very unlikely to do anything more than verify dates of employment and job title in 99% of situations. And most HR people are not going to not the exact timeline of you resigning from the company. Just don't expect to return to your old job anytime soon.
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Jul 20, 2012 10:06
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ChubbyEmoBabe posted:It's kind of a derail, but it's basically burning a bridge. It's a lovely thing when they won't pay you for time you technically earned. It's especially lovely when you consider a lot of companies will "loan" PTO and want their money back should you resign but if they "owe" you PTO you're SOL. Nobody's going to care so long as you serve out your notice time. They don't have to know when you decided to leave.
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Jul 20, 2012 10:16
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nm posted:And remember that drugs, even marijuana, can be a significant misdemeanor or even a felony for immigration purposes, even if it isn't a misdemeanor in your state. On this topic, if the criminal case hasn't been resolved yet, her attorney for that should definitely be talking to her immigration attorney to make sure that their strategies mesh.
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Jul 20, 2012 18:30
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She may have been near a school. I know in PA it is ridiculous and delivery of weed within 1,000 ft of a school can get you 2-4 years in prison.
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Jul 20, 2012 18:35
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Hey I've got another question, kind of a general question about the law I guess. It's for Illinois. Long story short, my mother lives in rural Illinois, someone just burned down her barn shortly after holding a knife to some dude's throat in the house. As of right now he's being convicted of aggravated assault and nothing else as far as I know. I have a feeling that the lazy police in my town aren't going to do anything about the barn that's been burned down. It was filled with mostly odds and ends and was uninsured, if that's relevant, but it didn't have any fire hazards that I can think of. Does anyone have experience with criminal law and know how my mother might go about pressuring the police into actually doing something about this situation? As of right now her plan is "gently caress tha police" and she's going to try to ask the guy to pay for the barn herself since his parents are apparently wealthy. I guess this could be a much worse idea but I don't like the idea of this rear end in a top hat putting a torch to the place and then walking, especially if he decides "nope I don't feel like paying for it." Especially since this wouldn't be the first time the police have sat on their hands. Bit long-winded but there you go, just hoping I can get some advice from anyone who knows.
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Jul 21, 2012 16:45
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Redfont posted:Hey I've got another question, kind of a general question about the law I guess. It's for Illinois. Tried calling the fire marshal?
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Jul 21, 2012 18:04
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