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Sir John Falstaff
Apr 13, 2010

Vanessie posted:

at the risk of possibly sounding like rule #5, Im going to continue to put my situation out there.

I work at a Dog Daycare/Boarding Facility, the owner owns a very vicious dog named Jack who lives at the kennel 99% percent of the time. During the first week of March, at around 7:30pm my manager tells me to go feed Jack. I take his bowl of dog food to his run, open his kennel and I wind up getting my leg and hand mauled. The other managers on duty start to panic, and start telling me that i am going to have to lie. They immediately start blowing up the owner's phone to try and reach her so that the owner knows what happened. Turns out Jack will be put down if I tell the emergency clinic that Jack bit me. I am bleeding and my hand is the size of a baseball and I am getting dizzy, but I have to wait for the managers to talk to the owners first. They wont take me to the clinic until I agree to lie about who bit me. I am cornered into agreeing to accept 200 dollars to lie and they immediately change us out of our uniforms and a coworker takes me to the clinic. My dog daycare refuses to leave a papertrail so the pay what they can in cash, since they can in no way be tied to the clinic. My hand stays pretty bruised and busted for a month and they gave me 2 sick days on top of the 200.

I have a time chart from my job that lines up with clinic paperwork that says I was clocked into my job while I was admitted to the ER. I also wound up paying on my own credit card that night.

I signed nothing, everything was verbal between me and my employer.

The dog continues to be handled by unauthorized new people and still lives at the daycare the same way he was when I got bit. Hell, he just bit someone else yesterday.

This feels like a workers comp case, but its past the 30 day period...plus its not like I was taken out of commission for like months or anything crazy like that. No debilitating injuries, just 8 new scars. But the entire thing feels...wrong. Like I am working in a dangerous place and I was coerced into helping my boss break the law by having medical attention withheld from me. I really dont know what kind of help to look up on this one.... any body have any advice?

One option might be to file a complaint with OSHA:

http://www.osha.gov/as/opa/worker/complain.html

Many states have state agencies that accept workplace safety complaints as well, but I don't think you specified what state you're in.

Realize, however, that although filing a complaint is confidential your employer may well still figure out who filed it, which could make things uncomfortable for you. There are formal protections against retaliation by the employer, but that doesn't necessarily solve everything. I'm not trying to talk you out of filing a complaint, just informing you so you're aware of possible consequences.

Sir John Falstaff fucked around with this message at 08:17 on Apr 29, 2013

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ZeroDays
Feb 11, 2007

the fuck you know about what i need on my mind mother fucker

Vanessie posted:

The dog continues to be handled by unauthorized new people and still lives at the daycare the same way he was when I got bit. Hell, he just bit someone else yesterday.

I'm just someone shouting from the peanut gallery here, but the quoted is the thing that stands out. Why not report the devil-dog soley for the benefit of those who may end up in the same position as yourself, rather than as a means of obtaining some workers comp? If it was a faulty elecrical outlet instead of a vicious mutt, would you still only report it if expedient, even if your colleagues were at risk of shock or even electrocution? What the gently caress.

Vanessie
Apr 29, 2004

ZeroDays posted:

I'm just someone shouting from the peanut gallery here, but the quoted is the thing that stands out. Why not report the devil-dog soley for the benefit of those who may end up in the same position as yourself, rather than as a means of obtaining some workers comp? If it was a faulty elecrical outlet instead of a vicious mutt, would you still only report it if expedient, even if your colleagues were at risk of shock or even electrocution? What the gently caress.

yeah, I deserved this callout. I was promised this would never happen again after it happened to me and I just sort of had to take their word and smile. After all, the dog was pretty much about to die, he had no more chances at that moment. I honestly thought that would be a wakeup call. It was just now today I found out he nabbed someone on the leg (nothing broke the skin though, it was nowhere as serious as my attack) and so that kind of finally kills whatever grace I had going with these people. The no immediate changes should of been the bigger red flag, and the chances that this was going to happen again were just too high.

Its an awful situation, the owner is very attached to her vicious dog. Everybody coos over how misunderstood it is and honestly they just feel too bad about laying the law down on him. Hes 9, food and toy and kennel agressive, has a vicious history, and spends 23 and a half hours of every day locked up in his own run, laying around in his filthy piss soaked kennel because he is difficult to handle.

It really is not about getting mine and loving everyone else over, but I am not going to look away if I honestly do have a case. I have pictures of my injuries and I have witnesses and now I know nothing was changed to prevent this from happening again to me. The bite report was also never formally filed with the city it happened in due to a clerical error in stating what county it happened in so I still can report Jack, my "lie" never made it to legal documentation in the city. The problem is, should I treat it as just a vicious dog bite, or is there a bigger legitimate case concerning how the owner is treating her employees? Would Jack need to around as evidence?



The OSHA link is a very good suggestion, thanks John Falstaff and I will look into it. The anonymous part sounds exactly like what I need just in case this becomes a last option. Im in Texas for whatever thats worth.

BonerGhost
Mar 9, 2007

Why don't you report this person to your local aspca? That dog is clearly being abused and is dangerous because of it, and the owner of this business is supposed to be caring for other people's pets?

nm
Jan 28, 2008

"I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

ZeroDays posted:

I'm just someone shouting from the peanut gallery here, but the quoted is the thing that stands out. Why not report the devil-dog soley for the benefit of those who may end up in the same position as yourself, rather than as a means of obtaining some workers comp? If it was a faulty elecrical outlet instead of a vicious mutt, would you still only report it if expedient, even if your colleagues were at risk of shock or even electrocution? What the gently caress.

Because it is very easy to fire someone for complaining in an at will state.

Human Tornada
Mar 4, 2005

I been wantin to see a honkey dance.

Vanessie posted:

promised this would never happen again... he had no more chances at that moment. I honestly thought that would be a wakeup call... how misunderstood it is

Haha what? This is a dog you're talking about.

Minnesota Nice.
Sep 1, 2008
And miles to go before I sleep.
And miles to go before I sleep.
State: KY

If a tow truck company is called to a car wrecked in a ditch, do they have any obligation to alert the authorities if they have reason to believe that the driver is intoxicated and/or trying to avoid reporting the accident?

Sir John Falstaff
Apr 13, 2010

Vanessie posted:

The OSHA link is a very good suggestion, thanks John Falstaff and I will look into it. The anonymous part sounds exactly like what I need just in case this becomes a last option. Im in Texas for whatever thats worth.

Texas has a workplace safety hotline/complaint form here:

http://www.tdi.texas.gov/wc/safety/index.html

https://wwwapps.tdi.state.tx.us/inter/perlroot/sasweb9/cgi-bin/broker.exe?_service=wcExt&_program=progext.email_hotline.sas&formtype=en

The same cautions apply to it as apply to OSHA, however.

Gounads
Mar 13, 2013

Where am I?
How did I get here?

Vanessie posted:

at the risk of possibly sounding like rule #5, Im going to continue to put my situation out there.

I work at a Dog Daycare/Boarding Facility, the owner owns a very vicious dog named Jack who lives at the kennel 99% percent of the time. During the first week of March, at around 7:30pm my manager tells me to go feed Jack. I take his bowl of dog food to his run, open his kennel and I wind up getting my leg and hand mauled. The other managers on duty start to panic, and start telling me that i am going to have to lie. They immediately start blowing up the owner's phone to try and reach her so that the owner knows what happened. Turns out Jack will be put down if I tell the emergency clinic that Jack bit me. I am bleeding and my hand is the size of a baseball and I am getting dizzy, but I have to wait for the managers to talk to the owners first. They wont take me to the clinic until I agree to lie about who bit me. I am cornered into agreeing to accept 200 dollars to lie and they immediately change us out of our uniforms and a coworker takes me to the clinic. My dog daycare refuses to leave a papertrail so the pay what they can in cash, since they can in no way be tied to the clinic. My hand stays pretty bruised and busted for a month and they gave me 2 sick days on top of the 200.

I have a time chart from my job that lines up with clinic paperwork that says I was clocked into my job while I was admitted to the ER. I also wound up paying on my own credit card that night.

I signed nothing, everything was verbal between me and my employer.

The dog continues to be handled by unauthorized new people and still lives at the daycare the same way he was when I got bit. Hell, he just bit someone else yesterday.

This feels like a workers comp case, but its past the 30 day period...plus its not like I was taken out of commission for like months or anything crazy like that. No debilitating injuries, just 8 new scars. But the entire thing feels...wrong. Like I am working in a dangerous place and I was coerced into helping my boss break the law by having medical attention withheld from me. I really dont know what kind of help to look up on this one.... any body have any advice?

You got mauled by a dog, your employer coerced you into lying about it, and you only got 2 days paid and $200? You got screwed.

Maybe get a lawyer, threaten a civil suit, settle quietly, get a small windfall, and find a new job?

Flaggy
Jul 6, 2007

Grandpa Cthulu needs his napping chair



Grimey Drawer
Can employers spy on their employees with hidden microphones?

beejay
Apr 7, 2002

We need to know what country/state, something.

JesustheDarkLord
May 22, 2006

#VolsDeep
Lipstick Apathy

Flaggy posted:

Can employers spy on their employees with hidden microphones?

How well are they hidden?

Flaggy
Jul 6, 2007

Grandpa Cthulu needs his napping chair



Grimey Drawer

beejay posted:

We need to know what country/state, something.

United States/Iowa and pretty well hidden, up in the ceiling tiles. Behind bookcases. We had an incident last year where $25000 of material got lost, some people got put on administrative leave, had to bring in outside accountants, the accounts found the missing money which was an oversight on the part of our in house accountants (she has a six month degree and hosed up real bad) since than we have had cameras installed everywhere, microphones installed in some places. The reason we found out is we could be having a completely private conversation and two days later someone will ask a question about it who wasn't even in the same building. Needless to say my boss has gone super paranoid since than, and has our IT guy watching/recording all the time. One of our secretaries was also reading text messages off our phones when we would leave our desks. Not sure if that is exactly legal either.

Flaggy fucked around with this message at 19:35 on Apr 29, 2013

Konstantin
Jun 20, 2005
And the Lord said, "Look, they are one people, and they have all one language; and this is only the beginning of what they will do; nothing that they propose to do will now be impossible for them.
In general, people can put cameras and microphones on their property. The cellphone is a different matter, assuming that it is a personal phone that you own and pay for then they have no right to look at it unless you give them permission. I'd definitely keep it on you at all times and password protect it.

FrozenVent
May 1, 2009

The Boeing 737-200QC is the undisputed workhorse of the skies.

Konstantin posted:

In general, people can put cameras and microphones on their property. The cellphone is a different matter, assuming that it is a personal phone that you own and pay for then they have no right to look at it unless you give them permission. I'd definitely keep it on you at all times and password protect it.

To expand on the cell phone thing (:canada:), if my employer cuts me a check every month to reimburse part of my cell phone bill, does that give them any right over the phone or what I do with it?

I own the cell phone, for what it's worth, and I had the contract before I started working there (Although I did add a few options).

Vince MechMahon
Jan 1, 2008



Ok, I've got a question related to leases. My room mate and I signed a lease together a little under a year ago. He's now planning on moving out a month before the lease is over, and is refusing to pay his half of that months rent. Do I have legal grounds to force him to get me that money?

euphronius
Feb 18, 2009

You didn't even tell us what country you are in.

Vince MechMahon
Jan 1, 2008



euphronius posted:

You didn't even tell us what country you are in.

USA, Minnesota. Sorry about that. His reason for moving is that he's getting married and signed a new lease for a new place that starts the month he wants to leave here, which is a month before our current lease is done. If you need more info I can provide.

euphronius
Feb 18, 2009

I don't know your lease or MN law but you are likely screwed since it will cost more money to sue him then he probably owes you. This would be the case in PA if you and your roommates where jointly and severally liable for the rent. Depends what your lease says.

You should be able to get the entire security deposit back maybe?

Vince MechMahon
Jan 1, 2008



euphronius posted:

I don't know your lease or MN law but you are likely screwed since it will cost more money to sue him then he probably owes you. This would be the case in PA if you and your roommates where jointly and severally liable for the rent. Depends what your lease says.

You should be able to get the entire security deposit back maybe?

I'm not moving out, I have someone else coming in to take over his part of the rent after our lease is up, so there is no security deposit. Lawyer fees also aren't a thing as I have 3 lawyers in my family, any one of them who would do this pro bono for me.

Hyzenth1ay
Oct 24, 2008

ibntumart posted:

This would fall under the purview of an employment law attorney, specifically one who handles employment discrimination. Something to keep in mind is that the EEOC doesn't cost anything: from initial intake through litigation, assuming the EEOC takes the case, you won't have to pay the agency anything.

I'm not concerned about fees; I'm fortunate enough that I'm just looking for... advice, I guess. I am completely out of my element here. Will I have a case? Will it change things for the better - even slightly - for the next generation? Hell, I don't even know if I'll be instantly fired (I assume I will, or is that retaliation?).

I am not rich, but, in wanting to Do The Right Thing, I can pay for consultation if it will be overall more useful for my situation. I have found an employment law attorney in my state and am talking with them tomorrow.

Hyzenth1ay fucked around with this message at 03:40 on Apr 30, 2013

Vanessie
Apr 29, 2004

Regarding the dog bite- Thank you for your advice. I think I am ultimately going to lean towards calling Animal Control and letting them know, I just really hope Animal Control can see what I see. Its not as dramatic as physical abuse or starvation but its still really hosed up that a vicious dog who has been in quarantine before is living like this. The owner is way in over her head and keeps him borrowed away at her business around strangers all the time because she cant handle him and her other 5 dogs at the same time in her own home.

ZoneManagement
Sep 25, 2005
Forgive me father for I have sinned
Got pointed in this direction, so -

Considered posting this in the E/N forums, but I'll try here first...

I got a ticket the other day - I was in the wrong, and the ticket honestly is not that much - only 117 bucks. So its not horrible. I have no problem paying the ticket, I was wrong, but I really would prefer it not to mess with my insurance rates or to get points on my license. Anyway, any strategies to avoid that,or should I just pay it and move on?

I have a good driving record, no citations or anything for years, at least 5 I think. I'm in the state of Georgia, and the area was Clayton County. Any advice?

Andy Dufresne
Aug 4, 2010

The only good race pace is suicide pace, and today looks like a good day to die
What is the ticket for?

euphronius
Feb 18, 2009

TheJoker138 posted:

I'm not moving out, I have someone else coming in to take over his part of the rent after our lease is up, so there is no security deposit. Lawyer fees also aren't a thing as I have 3 lawyers in my family, any one of them who would do this pro bono for me.



There are costs besides fees. Filing fees. Service charges. Court reporters (if necessary). Etc, etc, etc. And it isn't pro bono really, they are just doing it for free.

ZoneManagement
Sep 25, 2005
Forgive me father for I have sinned

Andy Dufresne posted:

What is the ticket for?

Speeding - worse, it was in a school zone. I was in an odd section of the town I'm at, about to get on the highway, and was doing 45 in what was a 25. I had no clue there was even a school there - there's a small school zone sigh about 100 feet or so from the school. I actually saw kids, thought "that looks like a school, I'm suprised there isn't a school zone sign", saw cop, saw lights go on. poo poo. I actually started slowing when I saw the kids. The school is maybe 10 feet from a major road. Going back there I saw the school zone sign. The speed limit went fast from 50 down to 25. The county I live in there's huge signs everywhere for school zones, this county it was a tiny sign. My fault, though,I just let habit take over too much. I'm lucky it's only 117 bucks, like I said. I would have figured it would have doubled or tripled in a school zone.

Andy Dufresne
Aug 4, 2010

The only good race pace is suicide pace, and today looks like a good day to die
I'm surprised the ticket is so low. It will cost you quite a bit more in insurance premiums over the next 3-5 years if you just pay it (which is a guilty plea.)

Most counties offer a class (at a ludicrous price) that will keep the ticket off your record, have you looked into that? I know some places won't let you take the class beyond 15+ or 20+ mph over the limit.

I'm not a lawyer but the typical advice given here is to dress as well as you can and go to your court date, plead for forgiveness, and ask if you can take a driving class to keep it off your record. Don't argue that you didn't know it was a school zone, they won't care.

Sephiroth_IRA
Mar 31, 2010
Anyone familiar with foreclosure law? I'm in North Carolina (USA, technically a non-recourse state) and I'm living in a home I can "afford" (in the strictest sense of the word) to make payments on but I no longer wish to live there. I am considering a strategic default. We're currently paying PMI on the home and have lived in the home for three years, our payments were always on time and have great credit. The home is in my wife's name.

Would the PMI company or the lender come after my wife and I if we were to leave? I've read that most foreclosures in North Carolina are non-judicial which means that the lender cannot, I'm not sure about the PMI company.

Any information would be appreciated.

Sephiroth_IRA fucked around with this message at 21:07 on Apr 30, 2013

Cocoa Ninja
Mar 3, 2007

Orange_Lazarus posted:

Anyone familiar with foreclosure law? I'm in North Carolina (USA, technically a non-recourse state) and I'm living in a home I can "afford" (in the strictest sense of the word) to make payments on but I no longer wish to live there. I am considering a strategic default. We're currently paying PMI on the home and have lived in the home for three years, our payments were always on time and have great credit. The home is in my wife's name.

Would the PMI company or the lender come after my wife and I if we were to leave? I've read that most foreclosures in North Carolina are non-judicial which means that the lender cannot, I'm not sure about the PMI company.

Any information would be appreciated.

I thought the point of PMI was not to sue you for the difference if you abandon the home, but to give the mortgage provider insurance for this very instance (a foreclosure that doesn't cover the cost of the sale)?

euphronius
Feb 18, 2009

You have to get PMI for any mortgage not at 80% loan to value.

The bank who held your loan would foreclose on you, not the PMI company. The bank would collect the payout from the PMI policy to cover the difference between the auction price of the house and the balance on the mortgage.

PMI is basically you, the borrower, buying insurance for the lender.

euphronius fucked around with this message at 23:12 on Apr 30, 2013

Cocoa Ninja
Mar 3, 2007

euphronius posted:

You have to get PMI for any mortgage not at 80% loan to value.

Roger that, but I didn't realize that the PMI followed you after you abandoned a loan? Wouldn't that be the point at which it pays out to the mortgage lender? Sounds like I have some google learning ahead of me.

Edit: Ah, ok your edit makes sense. That's what I thought.

euphronius
Feb 18, 2009

I think your question is: does my wife have any personal liability for the difference between the auction price of the house and the outstanding debt?

I think the answer there is state by state.

Sephiroth_IRA
Mar 31, 2010
Yeah I figured out that the law will boil down to whatever the law in my state is (NC) which as far as I understood boiled down to whether the foreclosure was judicial (In which they can sue for deficiency) or non-judicial (in which case they cannot) but then I realized I had PMI, which apparently pays the lender up to 20% of what I mortgaged so it would be possible in that case the lender would have 0 or significantly less reason to sue for deficiency.

Some people have told me that PMI companies will try to sue the borrower to get back what they paid though but I'm not sure if this is the case or not. I'm also not sure if state/federal law would protect me there either.

Soylent Pudding
Jun 22, 2007

We've got people!


Orange_Lazarus posted:

Yeah I figured out that the law will boil down to whatever the law in my state is (NC) which as far as I understood boiled down to whether the foreclosure was judicial (In which they can sue for deficiency) or non-judicial (in which case they cannot) but then I realized I had PMI, which apparently pays the lender up to 20% of what I mortgaged so it would be possible in that case the lender would have 0 or significantly less reason to sue for deficiency.

Some people have told me that PMI companies will try to sue the borrower to get back what they paid though but I'm not sure if this is the case or not. I'm also not sure if state/federal law would protect me there either.

Once you're talking about the amount of money involved with decisions like this it's worth it to spend a few :10bux: on getting advice from a real estate attorney and/or financial advisor familiar with your jurisdiction.

Vince MechMahon
Jan 1, 2008



euphronius posted:

There are costs besides fees. Filing fees. Service charges. Court reporters (if necessary). Etc, etc, etc. And it isn't pro bono really, they are just doing it for free.

Wouldn't it be possible to take him to court for the money he is loving me out of by breaking the lease and court costs?

BonerGhost
Mar 9, 2007

Yes but realistically, you have to pay those costs and seek reimbursement. If you don't collect, and odds are you will not, not only are you out the money he stiffed you, you're also out the money and time you spent on the suit. Collection isn't free. It's expensive and time consuming. What dollar figure do you think you'd be entitled to collect?

Sephiroth_IRA
Mar 31, 2010

Soylent Pudding posted:

Once you're talking about the amount of money involved with decisions like this it's worth it to spend a few :10bux: on getting advice from a real estate attorney and/or financial advisor familiar with your jurisdiction.

I agree, any advice on how to go about finding a good one? Also I've noticed that a lot of people seem to have ethical issues over strategic default is it possible a lawyer wouldn't be totally honest with me because of that?

I ran across this the other day:
http://www.justanswer.com/real-estate-law/3hlyg-nc-deficiency-judgement-non-judicial-foreclosure.html

Um, I've never heard of this site. Is it possible to get good advice over the Internet? It seems like once a person pays to have their question answered the answer belongs to the public as well.

Sephiroth_IRA fucked around with this message at 13:11 on May 1, 2013

OneEightHundred
Feb 28, 2008

Soon, we will be unstoppable!
So, this Mississippi ricin case got me wondering something why the charges didn't include framing someone else for it, but for some reason an answer to that is really hard to find: What can you actually be charged with for framing someone? Or is that a civil tort?

Alchenar
Apr 9, 2008

OneEightHundred posted:

So, this Mississippi ricin case got me wondering something why the charges didn't include framing someone else for it, but for some reason an answer to that is really hard to find: What can you actually be charged with for framing someone? Or is that a civil tort?

'Perverting the course of justice' is a catch-all for this kind of thing.

As a general rule across most jurisdictions in the world though you don't tend to prosecute people for multiple crimes that arise out of the same act because often the sentences would run concurrently so there's a lot of effort (proving deliberate framing is different to proving sending ricin) for little payoff (you are already prosecuting for something that's going to result in a life sentence or thereabouts).

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ulmont
Sep 15, 2010

IF I EVER MISS VOTING IN AN ELECTION (EVEN AMERICAN IDOL) ,OR HAVE UNPAID PARKING TICKETS, PLEASE TAKE AWAY MY FRANCHISE

OneEightHundred posted:

So, this Mississippi ricin case got me wondering something why the charges didn't include framing someone else for it, but for some reason an answer to that is really hard to find: What can you actually be charged with for framing someone? Or is that a civil tort?

In the process of framing someone for a crime, I'm pretty sure you're going to obstruct justice.

e;f,b.

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