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Have you all interpreted my posts as a scandalous "slumlord" claim of non-damage against a former tenant? Yeah, I'd be hating, too. I am new to the legal realm, so I've had much to learn and many stupid questions to ask, but the case is legit. My lawyers exude significant expertise and professionalism in this realm; since their time is money, it's cheap to bounce naive questions off an internet forum. The damage is real, the evidence is solid (before, after, and during tenant occupancy), and I have many third parties who will corroborate (e.g., PM, HOA, contractors). The counterclaims by the tenant were, subjectively, a "grasp for straws." For example, they demanded credit for repairing some items during their tenancy -- items which they admitted in work requests, and to the PM, that they destroyed by negligence while being an occupant. The suit's a slam-dunk on all legal grounds, and there's no unethical nature to it. My lawyers are expert drivers. I'm just a first-time passenger asking "what happens when the light turns yellow?" Sincerely, thank you all for the advice and answers given in this thread. It definitely helped. General Panic posted:[Lay people will] find some minor flaw in a form or document and think that they've pulled a real /crazyman out tl;dr my questions were dumb, but the suit is 100% legit
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Dec 17, 2012 15:19
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and are bound to win.
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But no really, it sounds like you are paying your lawyer for his time, right? What is your bill to date? What makes you think you are actually going to collect from these guys?
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Dec 17, 2012 15:22
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reyalsnogard posted:Lawyers do that, too; only they call them "technicalities."egit I've never heard an actual lawyer use that term. Characters on TV, yes; laypeople, yes. Maybe like your Nancy Graces or the like would use it, but I don't have enough exposure to them to know. Overwhelmingly, I hear it used by laypeople for whom "The cops broke the law and illegally obtained evidence so there's nothing admissible against the defendant" is a "technicality." In other words "the need to follow the law is interfering with what I perceive as the desired result in this case." It's not a term with any meaning in the field. Alaemon fucked around with this message at 15:37 on Dec 17, 2012 |
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Dec 17, 2012 15:33
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reyalsnogard posted:tl;dr my questions were dumb, but the suit is 100% legit Sounds like you might win! (Not a lawyer, not a smart person) That said, how much are you suing for, how much are you paying your lawyers and how much of your personal time have you invested in this so far? Once you undoubtedly win, how are you going to collect from the tenant? Can they afford the award, or will they just declare bankruptcy and welp, you're out whatever the lawyer cost?
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Dec 17, 2012 15:46
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reyalsnogard posted:Have you all interpreted my posts as a scandalous "slumlord" claim of non-damage against a former tenant? None of us even remotely approached that. We 100% don't care either way about the moral underpinnings of your case. We're lawyers, that was beaten out of us long ago. That you made up this bullshit just again highlights that you aren't listening at all. We're mad because you represent a large pool of our retarded clients that won't listen. You're charging ahead with your stupid moneywasting bullshit thinking that the system will right your wrong. I don't doubt you were wronged. I don't doubt you have evidence and the suit is "100% legit". None of that matters. You're not going to get paid. That's the bottom line.
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Dec 17, 2012 16:23
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Ok, so my boss has an idea for a youtube channel where we use College Board's SAT Question of the Day and answer it as like a mini-tutorial. Khan Academy does something like this using the College Board's official guide, answering the questions but not actually showing the questions from the book. This makes sense, the book is copyrighted, etc, but we're just pulling the questions from their website. Do you think we'd need to do the same thing (basically rewrite the question by hand or say it out loud), or could we just have a screenshot of the question of the day? Would that be copyright infringement?
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Dec 17, 2012 21:09
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woozle wuzzle posted:None of that matters. You're not going to get paid. That's the bottom line. At which point I fully expect a "hey can you guys explain UT garnishment and lien law to me?" series of (extremely defensive) posts.
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Dec 17, 2012 21:26
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reyalsnogard posted:The counterclaims by the tenant were, subjectively, a "grasp for straws." Genuinely curious because I have never, ever seen someone phrase the idiom in that way, but is English your first language?
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Dec 17, 2012 22:21
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moana posted:Ok, so my boss has an idea for a youtube channel where we use College Board's SAT Question of the Day and answer it as like a mini-tutorial. Khan Academy does something like this using the College Board's official guide, answering the questions but not actually showing the questions from the book. This makes sense, the book is copyrighted, etc, but we're just pulling the questions from their website. Whether the questions come from a book or website doesn't really make a difference. Anything that's published in a fixed medium of expression and meets the other requirements for copyright, is protected by copyright. Similarly, whether you repost a screenshot or repeat the question doesn't make a huge difference. Verbatim reproductions and public performances/displays of a copyrighted work are both controlled by copyright law. I do think that any copyright protection that practice test questions might have is going to be relatively weak. Copyright is supposed to protect creative expression, not abstract ideas. So for example, a recipe isn't copyrightable, but the specific writeup might be--depends on if it takes a lot of creative fancies, or if it's very prosaic and mechanical (might fall under the merger doctrine in that case.) There's also the whole fair use thing, which is a can of worms I'm not going to get into except to note that pure educational purposes (e.g. reading an article to a class) are usually pretty clear-cut cases of fair use. Overall the 100% safe thing to do is to write your own question that gets to the same concept, although I can see how that might defeat the point of the Youtube channel.
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Dec 17, 2012 23:59
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I just got fired from my job for selling alcohol to a minor. It was a very unusual situation though. I was not involved in a sting. I guess I will just say all of the facts. I live in Vermont. At some point during the last shift I worked somebody bought some alcohol. Turns out that person was a minor. I have no idea who this person was but I apparently did not ID them. Later on they are back on the campus of the college they go to when they are caught with the alcohol. The person who caught them (who I was told is a liquor control agent) asked them where they got it. They say they bought it at the store I work at during the hours I worked. This liquor control agent comes to the store and views the videotape and sees that I did in fact sell the alcohol to this person. (I have no idea how they figured this out). The place I worked at received a citation according to the general manager who I spoke to on the phone tonight. I get a call on saturday morning from my boss saying I don't need to come in to work that day. I ask for clarification and she tells me that what she really meant was that day and also all of the other days. I spoke to the General Manager and he informed me he has no idea if the Liquor Control Agent plans to issue me a citation as well but he will get back to me if he does find out. ADDITIONAL FACTS: I have not yet received any contact from any enforcement agencies regarding this. The latest this whole thing (being the "investigation") could have taken place was thursday the 13th to be specific. My last shift worked was monday the 10th I know this probably doesn't count for poo poo but I would NEVER knowingly sell to a minor. There was a person that day that bought alcohol from me when I was feeling very overwhelmed and stressed that when they walked away I wished I had asked for ID. I have never been charged or even accused of any crimes. Conclusion: I just at this point I want to know what I should expect and what I should plan for. I have no way to pay a fine because I don't have a job. I am already suffering from major depression and anxiety so i've kind of been alternating between panic attacks and suicidal ideation for the last few days. I also made it a goal of mine with dealing with my depression to keep a job for more than a year and I was 3 weeks away and thats got me really depressed. I am basically freaking out because I was reading online that the maximum penalty for this in vermont is 2 years in jail and a 1000 dollar fine. I have never gone to jail ever. Also I am trans and worst case scenario I get thrown in prison with men and I get murdered and or raped. Can anyone help me calm the gently caress down? edit: Also I have not even been to the store since my last shift and have only communicated with my manger, the district manager, and the general manager since last week. I have not met this liquor control agent nor have I seen this videotape. double edit: I just read that those big penalties generally only apply if the minor is under 18 and since this kid was in college thats probably unlikely. Also it says that jail time does not happen that often but it does say that you can lose your license which sucks because I need to drive to school and theoretically work though I doubt I will ever be able to get a job again after this. Behold! A Elk! fucked around with this message at 01:13 on Dec 18, 2012 |
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Dec 18, 2012 01:07
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$100 fine max no jail (first time offence) Knowledge of age is not a prereq, it appears to be a strict liability crime (i.e. you did it, you are guilty). You may have a defense if you did card the person, would be curious to see the video. http://www.leg.state.vt.us/statutes/fullsection.cfm?Title=07&Chapter=021&Section=00658
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Dec 18, 2012 01:53
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According to what you linked the $100 thing seems to only apply if it was a compliance check (Not arguing, thats simply my interpretation of what I read). This was a liquor control agent catching someone underage drinking and then going out of their way to figure out where it was purchased, then come in and watch security footage to see if I did it or not. Of course this whole chain of event I am hearing second hand from a few different people above me at the company. edit: I did sell the alcohol while on shift as an employee of the licensee, not sure if that means anything regarding this situation. A couple people I've talked to already seem to think it sounds like a really weird situation. Behold! A Elk! fucked around with this message at 02:00 on Dec 18, 2012 |
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Dec 18, 2012 01:58
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If you get anything, it'll be a ticket. I would not be surprised if nothing happens to you. The officer generally will want to stop the store, not punish the individual clerk. You got fired anyway, so you got way more punishment then a stupid fine. Anything can happen and who knows how your town operates, but if I were a betting man I'd put $1.50 on "that's the last you hear about it".
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Dec 18, 2012 02:19
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For some reason my brain is operating from the direction of "I already lost my job and a fine would be worse." I mean I could probably borrow some money from my grandpa and pay him back. I apologize for freaking out. I am a generally very anxious person and the tiniest bit of stress kind of fucks me up bad. If I ever decided I wanted to be a furry I would probably be a chihuahua with heart problems.
Behold! A Elk! fucked around with this message at 03:25 on Dec 18, 2012 |
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Dec 18, 2012 02:55
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reyalsnogard posted:
Well, more likely it would be called "sharp practice", and is a good way to get a lovely reputation in the legal community. It's a dick move to make opposing counsel jump through hoops to fix some sort of non-compliance instead of just consenting to an amendment/extension/whatever (when the outcome is never in doubt either way).
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Dec 18, 2012 03:32
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Anyone know much about the social security disability process? I have a family member in some stage of being denied and appealing. I got no clue whatsoever, but that does not satisfy the family at christmas dinner where law is a single subject and didn't I go to law school. I just need to be pointed in the right direction.
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Dec 18, 2012 06:01
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woozle wuzzle posted:Anyone know much about the social security disability process? I have a family member in some stage of being denied and appealing. I got no clue whatsoever, but that does not satisfy the family at christmas dinner where law is a single subject and didn't I go to law school. I just need to be pointed in the right direction. Everything I've observed through family and friends getting disability is that it usually takes one or two appeals to get accepted. The friend's family called Binder & Binder after the first initial denial. EDIT: This is NOT a referral SlayVus fucked around with this message at 06:15 on Dec 18, 2012 |
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Dec 18, 2012 06:09
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I currently work an hourly position in retail in Michigan, and I'm curious about the applicable laws surrounding mandated break periods and whether or not there must be a set interval of time between shifts. For a long time and from a lot of people I've heard that there must be 8 hours between shifts, but then I hear conflicting info saying that the 8 hours is merely a courtesy and the business is not legally obligated to offer it. So which is it? Also, not a minor, so we don't have to worry about that jazz. If someone could point me to the specific applicable statutes, if any, that would be swell. I want to be informed and able to inform when management attempts to infringe on my worker rights, woeful though they may be.
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Dec 18, 2012 07:20
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mercenarynuker posted:I currently work an hourly position in retail in Michigan, and I'm curious about the applicable laws surrounding mandated break periods and whether or not there must be a set interval of time between shifts. I'm not a lawyer but I've looked into the same issue in the past. My understanding is that with a few exceptions for jobs like "airline pilot" there's no laws preventing your employer from giving you a terrible schedule. For the most part, I've found that all the little rules like "15 minute breaks every 4 hours and one 30 minute break per shift" are actually just best practices from the study of industrial psychology. Workers are more productive when you don't give them crappy shifts that have only a few hours in between.
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Dec 18, 2012 07:56
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Behold! A Elk! posted:According to what you linked the $100 thing seems to only apply if it was a compliance check (Not arguing, thats simply my interpretation of what I read). This was a liquor control agent catching someone underage drinking and then going out of their way to figure out where it was purchased, then come in and watch security footage to see if I did it or not. Of course this whole chain of event I am hearing second hand from a few different people above me at the company. Normally they should send you to ServeSmart or whatever it is called. Basically the underage sales version of traffic school.
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Dec 18, 2012 08:37
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woozle wuzzle posted:Anyone know much about the social security disability process? I have a family member in some stage of being denied and appealing. I got no clue whatsoever, but that does not satisfy the family at christmas dinner where law is a single subject and didn't I go to law school. I just need to be pointed in the right direction. Pretty much any reputable disability firm will handle these cases on contingency (where you only pay out of your settlement if/when they win it for you). As previously posted, you/they WILL be denied and appeal repeatedly. If you can post your state someone can probably give you specific suggestions but your state bar might be a good starting point.
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Dec 18, 2012 11:29
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Lawyers are requires by statute to do SS disability work on contingent fee basis. The max fee is I believe 6000, though the lawyer can petition for more. A person appealing without a lawyer has probably no realistic chance of winning.
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Dec 18, 2012 12:25
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SlayVus posted:EDIT: This is NOT a referral TOO LATE SUCKER, I ALREADY CALLED BINDER AND SAID SLAYVUS SENT ME, AND THAT THE GUY'S HAT IS STUPID.
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Dec 18, 2012 13:56
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So uh, I know this is probably something that gets asked all the time but it has been 30 days since I've moved and I have not received either my security deposit, or any papers alleging damages from my old landlord. She has suggested over a week ago that she mailed me the security deposit, but we have not received it, she has not answered her phone for days, and the post office are not holding any mail for us. I live in New Hampshire now, but moved from Maine, the landlord lives in Maine. Who should I contact, what should I do?
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Dec 18, 2012 19:51
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You left your new address in writing with the landlord's office, right?
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Dec 18, 2012 20:05
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Regarding unlawful termination in the state of Oregon - do I have a good case? The situation - I was at a lunch hour with a co-worker who got really drunk and didn't eat anything. I had the equivalent of one beer (in Sake) and a large lunch. My co-worker proceeded to delay returning back to the office until 4pm (making this lunch a few hours longer than usual). By 2:30, my boss knew this lunch would be unusually long. I did not inform him of my co-worker's drunken state yet. However, I knew that if I left her, I would be liable for anything that happened to her, as well as the company I worked for, so I stuck around, to ensure that nothing happened to her. We returned to the office and everyone recognized that my co-worker was too drunk to drive, and her family was called to pick her up. I went right back to work and stayed until 7:30, ensuring that all my work was completed (totaling an 8 hour workday - yes, I was salaried). I have a witness that can identify me at 7pm at the office and to state that I was not intoxicated. The termination - I was texted by my boss the following week, letting me know that I shouldn't come into work the next day, because we need to speak over the phone. The first thing he said was that they are terminating their relationship with me due to an unauthorized amount of time off and having been intoxicated. Also, that this was a repeat behavior. I was NOT intoxicated, and this was NOT a repeat behavior. After I made those claims, my boss claimed that the decision was already made, and that the "whole situation was unprofessional." If I have a case, what are my next steps?
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Dec 18, 2012 20:16
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What makes you think you were unlawfully terminated?
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Dec 18, 2012 20:18
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euphronius posted:You left your new address in writing with the landlord's office, right? Yes, we sent it to her email in which we do all of our correspondence.
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Dec 18, 2012 20:27
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Truth posted:Yes, we sent it to her email in which we do all of our correspondence. I don't know anything about Maine LT law but this looks like a resource http://www.ptla.org/rights-tenants-security-deposits
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Dec 18, 2012 20:33
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euphronius posted:What makes you think you were unlawfully terminated? The reasons given for termination were incorrect.
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Dec 18, 2012 20:36
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Trek Junkie posted:The reasons given for termination were incorrect. Sorry, covering for a drunken coworker sounds like lawful cause for termination. It really doesn't matter what the boss said on the phone. Out of curiosity, what type of workplace is this though? Calling someone's family because they're drunk just sounds bizarre.
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Dec 18, 2012 20:38
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Trek Junkie posted:Regarding unlawful termination in the state of Oregon - do I have a good case? If you apply for unemployment and your former employer contests it, maybe you've got something to work with in arguing that the firing was not due to your misconduct. Regarding you filing an unlawful termination case, I expect the attorney you consult with will tell you you're out of luck. Patton v. J.C. Penney Co., Inc., 301 Or 117 (1986) posted:Generally an employer may discharge an employe at any time and for any reason, absent a contractual, statutory or constitutional requirement.
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Dec 18, 2012 20:39
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Trek Junkie posted:The reasons given for termination were incorrect. I would see an employment lawyer. They don't usually charge for a consultation. You may have unemployment compensation issues coming up. I don't know how Oregon handles unemployment compensation, but if this happened in my state, I could foresee some arguing about whether Unemployment was available. Here is Oregon's law re At Will Employment quote:Oregon courts have long followed this general rule of "at-will" employment. This means that generally, in the absence of a contract or statute to the contrary, Oregon employers may discharge an employee at any time and for any reason, or for no reason at all. Simpson v. Western Graphics, 293 Or 96, 99, 643 P2d 1276 (1982); Nees v. Hocks, 272 Or 210, 216, 536 P2d 512 (1975). http://www.oregon.gov/boli/ta/Pages/t_faq_employmentatwill.aspx edit right on, joat mon
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Dec 18, 2012 20:40
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SlayVus posted:EDIT: This is NOT a referral Does a referral put you in some sort of legal position? I'm in MN and I know nm used to practice law in MN. He seems like a good knowledgeable guy, so I asked him in a PM and later made a post in this thread to see if he could recommend a criminal defense attorney in MN and got zero response. I'm not in any trouble now, and nothing is brewing, but I figure if I ever ended up in the situation where I needed a lawyer, I'd be a hell of a lot better off calling a defense attorney that is recommended to me by a respected poster in this thread than flipping through the yellow pages.
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Dec 18, 2012 20:47
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euphronius posted:I don't know anything about Maine LT law but this looks like a resource http://www.ptla.org/rights-tenants-security-deposits Yeah, I read that already. Basically, should I hire an attorney? I am a little nervous doing all of that by myself. Also the previous apartment is four hours from here, getting there for court could be problematic. Edit: Finally got in touch with the ex landlord after over a week, she apparently sent the check to my old address at my old school, even though she was provided with our new one several times. She's clearly an idiot but my old school is forwarding it to me and at this point I'm just happy to have the money. Truth fucked around with this message at 21:49 on Dec 18, 2012 |
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Dec 18, 2012 21:05
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SkunkDuster posted:Does a referral put you in some sort of legal position? I'm in MN and I know nm used to practice law in MN. He seems like a good knowledgeable guy, so I asked him in a PM and later made a post in this thread to see if he could recommend a criminal defense attorney in MN and got zero response. I'm not in any trouble now, and nothing is brewing, but I figure if I ever ended up in the situation where I needed a lawyer, I'd be a hell of a lot better off calling a defense attorney that is recommended to me by a respected poster in this thread than flipping through the yellow pages. http://www.alps411.com/blog/managing-your-practice---musings-of-a-risk-manager/try-the-title-wizard-for-great-title-suggestions-v1 Your question made me curious, this article on the subject was pretty fascinating. Short answer seems to be yes, you could find yourself sued if the person you referred them to screws up and does not carry malpractice insurance.
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Dec 18, 2012 22:05
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Hahah I have never heard of a "negligent referral" claim. Now I am even more paranoid.
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Dec 18, 2012 22:11
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Behold! A Elk! posted:For some reason my brain is operating from the direction of "I already lost my job and a fine would be worse." I mean I could probably borrow some money from my grandpa and pay him back. I apologize for freaking out. I am a generally very anxious person and the tiniest bit of stress kind of fucks me up bad. If I ever decided I wanted to be a furry I would probably be a chihuahua with heart problems. IANAL, but I had almost exactly the same experience (except I didn't get the courtesy of a loving phone call to not come in to work). I got fired, but no fine or even a chat with the cops. I think you have to gently caress up pretty bad to get that kind of attention. You should be okay.
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Dec 19, 2012 00:29
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Devor posted:http://www.alps411.com/blog/managing-your-practice---musings-of-a-risk-manager/try-the-title-wizard-for-great-title-suggestions-v1 That's written by a malpractice insurance company though... so it's like half bullcrap designed to scare lawyers. And even it concludes that unless there's a referral fee or promise of satisfaction, there's nothing really to worry about.
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Dec 19, 2012 02:49
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SkunkDuster posted:Does a referral put you in some sort of legal position? I'm in MN and I know nm used to practice law in MN. He seems like a good knowledgeable guy, so I asked him in a PM and later made a post in this thread to see if he could recommend a criminal defense attorney in MN and got zero response. I'm not in any trouble now, and nothing is brewing, but I figure if I ever ended up in the situation where I needed a lawyer, I'd be a hell of a lot better off calling a defense attorney that is recommended to me by a respected poster in this thread than flipping through the yellow pages. I kind of have a go to or three (though not cheap) that I give out.
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Dec 19, 2012 05:23
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