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razz posted:I have a payroll question (Kansas). Not sure if this is a "legal" question or what. KSA (Kansas Statutes Annotated) 44-312 Paid at least once per month on regular paydays. KSA 44-316 Undisputed wages not paid must be paid on next payday after becoming aware of unpaid wages. KSA 44-319 Can't withhold wages The rest of the pertinent statutes are here. Here's the form to fill out for an unpaid wage claim. If the employer doesn't want to fess up and pay you, the process will take months. It (and the KS Dept. of Labor site) (and the KS statutes) feel like they'd just rather you go away. Waiting 'till the 19th will probably work better than trying to get the State to do anything. You could consult with a labor law attorney before then, and definitely consult with one if you're not paid after the 19th. Sorry KS sucks. It used to be a nice place.
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Jul 12, 2013 16:23
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Ashcans posted:I am not an immigration lawyer, but I do work in an immigration firm and have for several years. Your company should probably be consulting not just with an immigration lawyer, but also with an employment lawyer - just because a lawyer handles work visas it does not mean they completely understand labor laws. First off thanks for the great reply! My boss is getting in touch with his law firm (who I think has both immigration folks and employment folks... they're pretty big) so hopefully they'll be able to give us some really specific advice. Ashcans posted:What the attorney is telling you is very shady and absolutely not something we would ever suggest to a client. If your colleague continues to come to your office and do the same thing that he was doing last week, then he is working for you - the fact that you aren't paying him doesn't change that, it just means your company would probably be breaking even more laws (because you are usually required to pay people who work for you on a specific timetable). Yeah, this is what I figured.  Everything about it sounded weird to me, and it seemed like it could not only hurt the business but also my coworker's chance to get his visa if someone found out about it. So unless our lawyers come back and say, "Oh yeah that's cool you should do that," I'll probably suggest we avoid it.I wonder if this is shady enough to recommend my coworker get a new lawyer... I know he's already paid this one like $7000 or something. He's trying to get his green card at the same time, which I think has some impact on the cost. Ashcans posted:An O-1 is almost always a petition filed by a US employer for someone else - is your company actually sponsoring this petition? Are they providing letters/signatures/etc. for this? If so, then this lawyer is not just 'his' lawyer, he is also representing your company in this matter. Your HR should be able to contact him and ask him to verify what exactly your colleague can do and how they are allowed to compensate him. If he isn't being shady there is no reason he wouldn't provide that answer to them in writing. He was already in the process before he started working with us, so no, we're not sponsoring him and are not involved with his lawyer in any way. He has a bunch of former employers / colleagues providing the necessary letters. We should definitely get in touch with his lawyer (I think our HR person may have), but the fact that he's making shady recommendations concerns me. Also if he's not our lawyer, he's not really going to be out for our best interest, right? Ashcans posted:What is the actual status of the O-1? Is it submitted? Sadly no. The lawyer waited until the last minute to submit it and then called my coworker up the day of saying, "the letters these people wrote for you are not specific enough – they need to add blah blah, etc. etc." Two of the people who wrote letters are in South Korea and one is American but on vacation, so that's what's holding up the whole process, and that's what I mean when I said his lawyer sucks. Dude just basically cost my buddy his job, albeit temporarily, because he didn't have his poo poo together in time.
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Jul 12, 2013 16:32
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If anyone's looking for the music of Tetris, it's there too.
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Jul 12, 2013 16:42
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EAT THE EGGS RICOLA posted:
The rego will likely fail if it is scandalously distinctive. In the absence of secondary meaning of course.
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Jul 12, 2013 17:25
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Huh there are only 24 sound marks in Canada so far:quote:0714314 ROARING LION (SOUND ONLY) (MP3 - 433 KB - 18 seconds)
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Jul 12, 2013 17:34
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joat mon posted:KSA (Kansas Statutes Annotated) 44-312 Paid at least once per month on regular paydays. Thanks for that, yeah it looks like I can't do much and there's a 15-day period that your employer can not pay you. And they'll be paying me on day 14. I did call some people and found out what happened. Basically everyone got accidentally taken off the payroll by the retard in the main office (who has already screwed up my paycheck once) and the HR person who was supposed to fix it is equally as incompetent. This happened to dozens of people across the university and only 6 didn't get the supplemental pay yesterday because the HR moron "didn't have time to get to them all". I'm guessing the clock struck 5:00 and she couldn't be bothered to stay an extra couple minutes to fix SIX paychecks so she just said "gently caress it, they'll just get their paycheck next time around". I just happened to be one of the lucky six! Yes KS sucks in a lot of really bad ways. I love Kansas but I hate the political climate. I want to move but don't. Maybe I'll move and come back in a few years and it'll be better (doubt it, I'm sure it'll be worse).
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Jul 12, 2013 17:52
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nm posted:My basic reading of SB420 (yes, really the passed that) California Senate; doing bits. Awesome.
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Jul 12, 2013 18:25
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razz posted:Yes KS sucks in a lot of really bad ways. I love Kansas but I hate the political climate. I want to move but don't. If you think government employees in every other state show tons of dedication to their job and to the plight of others, you're in for a surprise.
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Jul 12, 2013 18:34
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So whats to prohibit one of us from "soundmarking"(?) the Mcdonald's jingle, or some other famous sound? Full faith and credit with US trademarks/soundmarks?
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Jul 12, 2013 18:37
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blarzgh posted:So whats to prohibit one of us from "soundmarking"(?) the Mcdonald's jingle, or some other famous sound? Full faith and credit with US trademarks/soundmarks? We don't have TVs or advertisements in Canada yet so you can just trade-mark any jingle you want.
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Jul 12, 2013 18:43
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blarzgh posted:So whats to prohibit one of us from "soundmarking"(?) the Mcdonald's jingle, or some other famous sound? Full faith and credit with US trademarks/soundmarks? You may run into trouble when it comes time to swear that you own the sound.
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Jul 12, 2013 20:45
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flakeloaf posted:You may run into trouble when it comes time to swear that you own the sound. Your honor, I'd like to walk back my claim made under oath that I was, indeed, the first person who was "lovin' it".
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Jul 12, 2013 21:28
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blarzgh posted:If you think government employees in every other state show tons of dedication to their job and to the plight of others, you're in for a surprise. Oh I get that. I'm a government employee as are a large majority of my friends. It seems to be the administration at my particular facility that just doesn't give a poo poo. This isn't the first time the same woman has botched my paycheck. My very first paycheck was supposed to be like $1400 or something, and it was $12. That's fun when you just moved to a new town and have rent/bills to pay and it takes her an additional two weeks to get you your money.
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Jul 13, 2013 01:25
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I posted this in E/N looking for some advice: After a really rough time out in Utah, trying to live with my girlfriend, things went sour and I had to come back home and rebuild, starting from ground zero. With no car and no license, it was extremely difficult to find work. I miraculously got a great work from home job but with no bank account, I decided to sign the checks over to my mother who would deposit the majority and take out some cash for the week. Well, the contract eventually ended and the money dried up, so it was time for me to get my license renewed, find a used car and continue working. But when I started to inquire about the status of my savings, which by that time was more than enough to do what I had to do, they started to act really shady and eventually told me, basically, It's all gone, tough poo poo and get the gently caress out of my house. I had been paying them rent when they asked for it, though we hadn't yet come to an official agreement, helped them fix their car when they needed it, and helped with groceries and other expenses graciously, but I started to get suspicious when they stopped asking for money and I noticed that the bill collectors had stopped calling so frequently.. They had helped themselves to my entire savings, and left me completely screwed, broke, unable to work and starting back at ground zero, trying to re-do everything I just had to do. Currently, I'm still living in their house and I don't know what to do.
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Jul 13, 2013 12:38
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Rocksteady posted:I posted this in E/N looking for some advice: Well you are broke and have no income and the people you would have any possible claim against appear to be unrecoverable, so this time the advice is actually don't talk to a lawyer because it won't take you anywhere. I'm afraid that money is money and you need to keep an eye on it or it has a tendency to disappear.
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Jul 13, 2013 12:49
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Also you should open a bank account, it's really not that magical. If you have any questions about the process (Walk into bank, open account), the fine folks of the BFC financial newbie thread will be happy to help you.
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Jul 13, 2013 13:17
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Rocksteady posted:I posted this in E/N looking for some advice: You need more help than legal help. Did you even keep track of the money you were giving your mom.
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Jul 13, 2013 13:21
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I do have a bank account now. I was keeping a rough tally of around 9k.
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Jul 13, 2013 13:28
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And how long were you living there.
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Jul 13, 2013 13:41
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It's been about a year now.
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Jul 13, 2013 14:08
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I'm not even sure what your legal question is. That's just a story.
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Jul 14, 2013 02:23
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Rocksteady posted:It's been about a year now. You owe your parents more then. Stop complaining.
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Jul 14, 2013 02:26
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I've got a general legal question. If a lawyer's state bar association membership is suspended, can that lawyer practice law in the federal district courts of that state?
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Jul 14, 2013 14:22
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In general, an attorney can't practice in any state in which he lacks a license, so no. I think some states have weird rules about bar association membership, but the federal courts require that you be a member in good standing of the bar of the state in which the court sits. In other words, you can't practice law without authorization. If that authorization is suspended by the state, you can't practice in that state, regardless of whether you're in court, out of court, whatever. the milk machine fucked around with this message at 15:14 on Jul 14, 2013 |
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Jul 14, 2013 15:07
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the milk machine posted:In general, an attorney can't practice in any state in which he lacks a license, so no. I think some states have weird rules about bar association membership, but the federal courts require that you be a member in good standing of the bar of the state in which the court sits. The attorney must be a member of a state bar, not necessarily the state being practiced in - although that is rare. It depends on the federal district. Some federal districts allow out of state attorneys to register with that particular federal bar. For example, the EDTX federal bar. Also, Federal districts admit attorneys in good standing with a state bar but there might be some that don't automatically disbar those who lose that standing. Someone else might know the details. Also, some areas of law are purely federal, such as patent law. A patent attorney only needs to be in a state bar, any state to represent clients in USPTO proceedings. I think there are some others. Maybe maritime law...
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Jul 14, 2013 16:37
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Right, hence the "in general." In the above question, an attorney suspended in his state can't practice law in that state.
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Jul 14, 2013 17:10
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That makes sense. Thanks!
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Jul 14, 2013 18:02
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Back in the Fall, a woman I was dating failed to tell me she has cold sores, went down on me, and I now have HSV-1 on my genitals. She was the first person I was with after a test for STDs, which was negative across the board. Since then, I've been dealing with painful outbreaks, and a lot of emotional damage since everyone who has shown interest in me backs off when they find out my diagnosis. I'm back in therapy and back on medication again because of this. I have seen some precedence, but can I file a civil suit? This has been ruining my life. Everything was going so well for me in general and mental-health wise, until all of this happened. Would I be wasting my time? My therapist and I have been working towards coming to terms with the fact that I may be alone for a long time, or the rest of my life. e: Location is Massachusetts.
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Jul 14, 2013 20:15
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SHUT UP MOM posted:Back in the Fall, a woman I was dating failed to tell me she has cold sores, went down on me, and I now have HSV-1 on my genitals. She was the first person I was with after a test for STDs, which was negative across the board. Since then, I've been dealing with painful outbreaks, and a lot of emotional damage since everyone who has shown interest in me backs off when they find out my diagnosis. I'm back in therapy and back on medication again because of this. Correct me if I'm wrong but the majority of those cases involve someone knowingly and intentionally infecting someone with a deadly disease. Not saying herpes doesn't suck, just that it's not exactly hiv or hepatitis. The court would probably make you prove she was aware of it, and the time and money you would spend on this pointless suit would be better spent on more therapy, since you still need to come to terms with the fact that poo poo happens and you get over it.
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Jul 14, 2013 21:03
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SHUT UP MOM posted:My therapist and I have been working towards coming to terms with the fact that I may be alone for a long time, or the rest of my life. Uhh, what? It's just cold sores. Like one in 4 people have them. It's not a death sentence. And one thing that causes outbreaks is stress so stop freaking yourself out. If your therapist is validating your "forever alone" thinking then for the love of god find a new therapist.
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Jul 14, 2013 21:08
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NancyPants posted:Correct me if I'm wrong but the majority of those cases involve someone knowingly and intentionally infecting someone with a deadly disease. Not saying herpes doesn't suck, just that it's not exactly hiv or hepatitis. From what I've read (and why I came and posted here), it seems that it's not just deadly diseases, but those that are incurable as well. Anti-virals for life are not cheap. On top of that, an outbreak usually gives me the flu and I'm bedridden for a day or two. I have texts that show she knew she had cold sores and just never told me until after the fact, basically saying "whoops!". I'm continuing therapy on a weekly basis, and I have come to terms with it for myself. However, now that I am dating again, it's a whole new monster. I know the amount of time and money that goes into a civil suit, and I was part of one before (I was hit by a bike and suffered some pretty bad injuries), and I'd be willing to spend that time (money, though, for the most part, I thought was just based upon if you win and how much). razz posted:Uhh, what? It's just cold sores. Like one in 4 people have them. It's not a death sentence. And one thing that causes outbreaks is stress so stop freaking yourself out. If your therapist is validating your "forever alone" thinking then for the love of god find a new therapist. Well, it's genital for me. And I phrased that poorly. I expressed to my therapist the desire to at least be "okay" with the fact that I may be alone. I'm not saying it will happen, but being okay with the idea that it may happen will greatly reduce the stress for me. I have been working really hard to reduce stress, learn everything I can about what I have, and how to prevent infecting others and to reduce outbreaks. I have pretty crappy health insurance as a grad student, so my medications for this aren't cheap (~$100/month). Extrapolating, under the assumption that price never changes and I live to be 85, I am looking at ~$75,000 over the course of my life in anti-virals alone. Then, add the lysine supplements I've been taking. I've changed my diet, exercise more, and am all around trying to be healthier. I just wanted to know of my options, really. I feel completely wronged and as a result also just feel like a leper, and it's also making my already delicate financial situation worse. e: And while I'm talking about this, she told me once that she would come after me for slander if I told anyone it was her that gave it to me. Now, I don't disclose to anyone who gave it to me, and just say "an ex", but can she do that? And no, I'm not looking for free reign to besmirch her name. e2: If this actually was accepted and went to trial, I wouldn't even go on about emotional damages or anything else. I would just like to be compensated for the medications that I will have to be on for the rest of my life due to her negligence. Currently, $100/month is a lot of money for a grad student that barely makes $30k a year. SHUT UP MOM fucked around with this message at 21:59 on Jul 14, 2013 |
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Jul 14, 2013 21:48
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Slander cannot be true period. Also deliberately or recklessly giving someone a permanent, life altering disease ("it's just cold sores".... christ) is battery in most jurisdictions and sexual assault in more than a few. He's right about one thing though: you can't let this consume you. This it's just how it is for you now, and nothing says you can't take a piece out of the person who changed the rules on you but you can't make everything you do and think about this.
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Jul 14, 2013 22:08
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flakeloaf posted:Slander cannot be true period. So (as I thought), it's not slander if it actually occurred? Like I said it's not like I'm going to start spreading the information, but some close friends know who exactly it was. I am working my hardest to not let it consume me. I spent a long time away from dating to just get okay with it by myself, which I am at peace with. However, with dating (which I recently started again, but am now stopping for the time being) I clearly need more work, which I am working on. I will admit that, while I am truly curious about my options, some of why I posted is emotionally charged. I had been dating someone amazing for a few weeks and when it got to the point where we were going to get physical (this was 2 nights ago) I told her about my diagnosis, and she is now basically deliberating on essentially me as a person (we really get along so well) vs. the fact that I have herpes. It's agonizing. I forgot to mention that I also had to tell my sister about this (no way I'm telling the rest of my family) so that I could get financial support if needed. 5% of my monthly income goes straight toward medication for this. e: Do you know what it is defined as in Mass? I can't seem to find anything. And not to file charges, I just would like to know legally where I stand. SHUT UP MOM fucked around with this message at 22:24 on Jul 14, 2013 |
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Jul 14, 2013 22:21
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patentmagus posted:A patent attorney only needs to be in a state bar, any state to represent clients in USPTO proceedings. Well, a lawyer doesn't need to be barred in any state to represent clients in USPTO proceedings; they're a patent agent.
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Jul 14, 2013 22:31
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SHUT UP MOM posted:So (as I thought), it's not slander if it actually occurred? Like I said it's not like I'm going to start spreading the information, but some close friends know who exactly it was. Even if you win the case, is she rich? Because otherwise shes judgment-proof and you have to deal with the fact that you won't actually be able to get much out of her even if you won your civil judgment, which isn't guaranteed.
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Jul 14, 2013 23:33
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Hi there, hoping someone can give me some general sort of legal advice relating to renting contracts. Here's my situation: I'm currently renting in a house in Indiana that has just been sold. I've been renting since August last year, and in May signed an extension for the next calendar year - so my first contract was from August '12 - August '13 and my extension is from August '13 to August '14. Landlord has signed the extension and I was planning on living there. The landlord sold the house, and the new owners want to live there, without me (understandably). What I'd like to do is basically force the landlord/new tenants to buy me out - pay for moving expenses, some of my rent for next year. The landlord that just sold offered me two months rent in whatever new place I get, but I'm wondering if I have a legal leg to stand on by trying to negotiate with the new owners/ more from the current landlord. Basically, my understanding of the lease (since it is signed) is basically that the new owners are legally required to rent for me for the remainder of my lease, which is until August '14. Here's what I think is the relevant section of the lease: 30. Heirs and Assigns: It is agreed and understood that all covenants of this lease shall succeed to and be binding upon the respective heirs, executors, administrators, successors and, except as provided herein, assigns of the parties hereto, but nothing contained herein shall be constructed so as to allow the tenant to transfer or assign this lease in violation of any terms hereof. So, does anyone have any experience with this sort of thing? I don't particularly want to lawyer up, but moving is a loving pain in the rear end to do so this time of year in a college town, so I figure if I can make them buy me out, I will. lonelylikezoidberg fucked around with this message at 03:39 on Jul 15, 2013 |
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Jul 15, 2013 02:30
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Just got out of a lovely situation and managed to move in with someone who got their house through hardship when their parent died. Since we're both in horrible places in our lives, we don't have much resources. Roomie was told she couldn't get benefits since she was awarded the house based on that fact, and hardship (through Medicaid if I'm correct) would be invalidated. Though, we have heard anecdotes of people who say they got SNAP and whatnot after a year of staying in the place since they rarely do checks on income/benefits/emergency income after that. I tried to ask a social worker lately if it'd be safe to get benefits now but since they didn't work in a sector that had direct experience with this, they had no solid answer. I'm willing to risk it because we're really down on our luck lately, and both have chronic illness. Anyone have any knowledge they can spare? Thanks.
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Jul 15, 2013 03:04
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SoroScrew
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What does the law say about ducks? Anything? I'm kind of in a bind, but can't be too specific. I can say that by "duck" I mean the living, breathing, quacking variety but that's about it. I don't mean for this to seem esoteric. Really, this is important. There are multiple ducks at stake here. Jurisdiction: CA
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Jul 15, 2013 04:14
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Well I'm pretty sure they're not allowed to vote in most states, and I think you can only marry them in Kentucky, Tennessee, and maybe Missouri, definitely not in California. Also, ducks are known by the state of California to cause cancer.
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Jul 15, 2013 04:23
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wshngmchn posted:What does the law say about ducks? Anything? I'm kind of in a bind, but can't be too specific. I can say that by "duck" I mean the living, breathing, quacking variety but that's about it. I don't mean for this to seem esoteric. Really, this is important. There are multiple ducks at stake here. The love that dare not quack its name? Or regular fowl play?
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Jul 15, 2013 04:24
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