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Phil Moscowitz posted:Tell them to gently caress off Via mutual friend, since smart ex hasn't even contacted you directly about this.
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Feb 20, 2016 21:16
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n8r posted:OK yeah that's sort of the guidance I was looking for. We're definitely going to hire a lawyer. When shopping, see if there are folks specializing in "elder law". It's a specialized field developing around this sort of issue, but it's really only become a place of specific practice in a couple states where laws are being passed that address these problems. If you're in such a state, a lawyer that knows elder law will be the biggest help.
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Feb 20, 2016 21:21
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http://www.ncleg.net/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_42/Article_2A.pdf maybe you might want to say that they were a tenant if they sue have fun!
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Feb 20, 2016 22:41
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Put their boxes on the porch if they show up. Don't let them in the house. If they call the police, tell them it's a dispute over who owns the property. Or give them the furniture. Either way.
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Feb 21, 2016 00:11
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Is it legal for me to offer giftcards in exchange for in-game currency on my minecraft server? Players can buy currency from us or they can earn it by playing the game.
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Feb 21, 2016 04:06
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Hot Dog Day #91 posted:Put their boxes on the porch if they show up. Don't let them in the house. If they call the police, tell them it's a dispute over who owns the property. Hopefully the door locks have new keys.
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Feb 21, 2016 05:07
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I live in Massachusetts and was overpaid by my employer over a period of three months, beginning in September and ending in November. My employer contacted me in December and asked my preferences in how to repay the sum. I asked for a meeting in person to explain the exact nature of the situation with an attorney present to advise me. I did not hear back. My employment is ending in May and I'm worried that my employer is going to sue me once my employment has ended. I never noticed the overpayment and spent the money. Can anybody tell me my options or protections under the law? I am worried, as I don't have enough money to pay it back and my wages are so low currently that any installments would be spread out over a decade or more.
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Feb 21, 2016 06:12
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If your pay is so low that you can't pay back three months of over-paid checks, how the gently caress didn't you notice you were being overpaid.
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Feb 21, 2016 06:15
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I work in a field where pay and work is highly variable. I teach college and was teaching five sections during the period of overpayment. I usually teach two.
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Feb 21, 2016 06:20
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Eh. Too rude.
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Feb 21, 2016 08:07
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I'm asking for information and resources to protect myself legally, not requesting some kind of ethics debate about whether or not I am morally deficient in some vague way where the terms keep shifting around.
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Feb 21, 2016 08:13
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There's no "Bank error in your favor, win fifty bucks" in real life. You most likely owe them what they overpaid you. It couldn't hurt to ask for a no interest repayment over some months unless you don't want to admit that you owe them a debt.
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Feb 21, 2016 08:14
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I was hit by somebody on a motorcycle while crossing an intersection on my bike a few days ago. I couldn't brake fast enough to avoid the crash, and was knocked off my bike. The motorcyclist rode away while I was still lying on the street. I thought I was fine, but I'm developing pretty severe back and hip pain. My only reservation about reporting the accident is that I'm not entirely sure I had the right of way, although I'm fairly sure the light was yellow when I began crossing the intersection (it's possible this wasn't the case - my memory is a bit hazy, although I don't think I had a concussion). Is this something I should report to the police (in case I need to deal with insurance), or is it better to let it go?
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Feb 21, 2016 09:22
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Jack Gladney posted:I'm asking for information and resources to protect myself legally, not requesting some kind of ethics debate about whether or not I am morally deficient in some vague way where the terms keep shifting around. You owe them the money. It sucks. They may sue you to collect. You may see yourself not employed by them in the future because of this. You're not morally deficient, but you're going to have to repay that money. There's not really a way around it. If they do sue, it might take them a long time to come around to doing it though. Start saving now. Good luck.
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Feb 21, 2016 10:08
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Jack Gladney posted:I live in Massachusetts and was overpaid by my employer over a period of three months, beginning in September and ending in November. My employer contacted me in December and asked my preferences in how to repay the sum. I asked for a meeting in person to explain the exact nature of the situation with an attorney present to advise me. I did not hear back. My employment is ending in May and I'm worried that my employer is going to sue me once my employment has ended. I never noticed the overpayment and spent the money. Can anybody tell me my options or protections under the law? I am worried, as I don't have enough money to pay it back and my wages are so low currently that any installments would be spread out over a decade or more. You do not have any options or protections under the law. When you were hired, contract or not, you and your employer agreed on a pay of X. For a period of time you got paid X + Y. Your employer has informed you that there was an error. You can A. voluntarily give the money back/work something out with them to pay them back. B. wait for them to sue you, and try to explain to the judge why you don't owe them Y. There is no actual reason you can provide that will get you out of owing Y. C. hope they forget about it, and don't blackball you in whatever industry your in. D. I don't know if it is possible to do so without going to court, but i'd be concerned about my credit rating.
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Feb 21, 2016 14:00
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jassi007 posted:You do not have any options or protections under the law. When you were hired, contract or not, you and your employer agreed on a pay of X. For a period of time you got paid X + Y. Your employer has informed you that there was an error. You can A. voluntarily give the money back/work something out with them to pay them back. B. wait for them to sue you, and try to explain to the judge why you don't owe them Y. There is no actual reason you can provide that will get you out of owing Y. C. hope they forget about it, and don't blackball you in whatever industry your in. D. I don't know if it is possible to do so without going to court, but i'd be concerned about my credit rating. I didn't say that I was trying to get out of repaying the money. If you'll read the post I wrote, I said that it would take a long time to pay back and that as a result I'm worried about something nasty happening to me in court. Again, if you read the post that I wrote, I requested a conversation with payroll to discuss the circumstances and negotiate a mutually satisfactory arrangement but received no reply in the three months that have passed in that time. My contract ends in May and, again in my post, I said that I'm worried that they're just waiting until I no longer work there in order to sue me. I'm trying to figure out how to protect myself if I am taken to court given that my employer did not respond to my request to a meeting.
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Feb 21, 2016 14:18
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quickly posted:I was hit by somebody on a motorcycle while crossing an intersection on my bike a few days ago. I couldn't brake fast enough to avoid the crash, and was knocked off my bike. The motorcyclist rode away while I was still lying on the street. I thought I was fine, but I'm developing pretty severe back and hip pain. My only reservation about reporting the accident is that I'm not entirely sure I had the right of way, although I'm fairly sure the light was yellow when I began crossing the intersection (it's possible this wasn't the case - my memory is a bit hazy, although I don't think I had a concussion). Is this something I should report to the police (in case I need to deal with insurance), or is it better to let it go? It's probably a little late to report it to the police. Your own auto insurance (if you have it) might provide some kind of coverage, UM or medics payments, though these are extra coverages that usually don't come with a minimal policy. Unless you are making a claim and your company requires it, a police report won't do much for you. Also keep in mind that even if you do have UM coverage and you do make a claim, your insurance company is going to be very skeptical and will probably fight paying you anything, considering (a) the delay in reporting, and (b) what sounds like your own contributory negligence.
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Feb 21, 2016 14:18
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Jack Gladney posted:My employer contacted me in December and asked my preferences in how to repay the sum. I asked for a meeting in person to explain the exact nature of the situation with an attorney present to advise me. I did not hear back. Jack Gladney posted:Again, if you read the post that I wrote, I requested a conversation with payroll to discuss the circumstances and negotiate a mutually satisfactory arrangement but received no reply These two conversations with the school sound like completely different conversations: the first one that you actually had and the second one where you're rationalizing to yourself that you should have had. You were wrong. If it takes a lawsuit to convince you of that it will cost you a lot more. The earlier you fix it, the less it will cost you.
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Feb 21, 2016 14:41
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joat mon posted:Since you can't afford an attorney, you demanded the school provide one for you, right? I was informed of an overpayment via e-mail, asked for confirmation, received it, then wrote back a second time requesting an in-person meeting where the issue could be discussed more fully. I never received a response to the second e-mail. I am worried that I'm going to be sued. What am I wrong about?
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Feb 21, 2016 14:49
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You emailed, didn't hear back, then let it sit for 3 months before asking comedy internet forum lawyers if you're about to be sued for not paying back money you owe. You should have been following up on that in person meeting request. You should be doing so tomorrow when payroll/HR opens. From our perspective, you didn't keep track of your finances, then when you were told by your employer there was ac problem, you sat on your hands. That last part is the big problem. So, take care of it by contacting your employer tomorrow. If you continue top sit on it, you can expect a lawsuit anywhere in the next 6 years probably. Or they may not sue you if the money is low enough, but you'll probably be reported to collections/get a credit report hit. The sum is: you have no defense, you need to pay, and you'll probably be sued. Save money now, good luck.
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Feb 21, 2016 15:17
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Hot Dog Day #91 posted:You emailed, didn't hear back, then let it sit for 3 months before asking comedy internet forum lawyers if you're about to be sued for not paying back money you owe. I didn't ask anyone's opinion about whether or not I was about to be sued. I asked for information and resources about protecting myself in court. If there is no information and there are no resources to be found here then there is nothing more for me to ask about. I don't think any of that calls for being rude.
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Feb 21, 2016 15:32
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Jack Gladney posted:I didn't ask anyone's opinion about whether or not I was about to be sued. I asked for information and resources about protecting myself in court. If there is no information and there are no resources to be found here then there is nothing more for me to ask about. I don't think any of that calls for being rude. So if you go to court, and a judgement is granted against you, which it would be, then you could A. pay up immediately. B. offer some kind of payment plan and pray they accept (they don't have to as far as I know) C. they can put liens on stuff you own like a home, try to garnish your wage, go after bank accounts etc. You can't do anything about any of that other than pay up immediately because they have the right to go after your money to get theirs back. People here are trying to tell you, why not try to solve it before you have to go to court. If you get sued the outcome will be worse. Go to them in person, or make a phone call if they haven't responded to your email. Be more provocative about trying to correct the problem. Waiting 3 months as you've mentioned makes it look to the average person like you are trying to avoid the issue in hopes they will not come after you for the money, but you want to know what happens if they take the bad option. The thing is, you have the power to prevent the bad option from happening, just go to HR with the email and say "i'd like to resolve this" You fired off 2 replies and then shrugged a bunch like it is no longer your responsibility to give back money that isn't yours after being told to do so. If you don't want it hanging over your head, go fix it. jassi007 fucked around with this message at 15:45 on Feb 21, 2016 |
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Feb 21, 2016 15:42
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jassi007 posted:So if you go to court, and a judgement is granted against you, which it would be, then you could A. pay up immediately. B. offer some kind of payment plan and pray they accept (they don't have to as far as I know) C. they can put liens on stuff you own like a home, try to garnish your wage, go after bank accounts etc. You can't do anything about any of that other than pay up immediately because they have the right to go after your money to get theirs back. Thank you for the information and for being polite. EDIT: Oh wait, you wrote more that wasn't polite. I don't think I fired off any replies or made it seem as though it is not my responsibility to pay back an overpayment from my employer, but I don't think it's a good use of my time or yours to argue that point or any other in a thread meant for advice and not arguing. Thank you for the first paragraph, however. I AM GRANDO fucked around with this message at 15:54 on Feb 21, 2016 |
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Feb 21, 2016 15:48
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More like Jack Madley.
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Feb 21, 2016 15:54
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Jack Gladney posted:Thank you for the information and for being polite. The main thing about legal advice is, there is often a solution that doesn't require legal advice. It is only after people in general (not just you) let things go or fail to act that things have to be resolved through legal action. When things get to that point, the outcome is almost never going to be good for you. I'd guess that if you get sued and lose, you'd probably be liable for legal fees. Basically if you won't pay up and make them take you to court the court will make you pay the cost of having to do so. If you can't afford to pay now, you'll be double unable to pay the debt + fees + your own legal fees. Paying now is the cheapest option you have.
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Feb 21, 2016 15:54
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There is no protection in court. You will lose. You should do everything you can to avoid being sued. I'm sorry you're poor.
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Feb 21, 2016 16:02
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Phil Moscowitz posted:It's probably a little late to report it to the police. Your own auto insurance (if you have it) might provide some kind of coverage, UM or medics payments, though these are extra coverages that usually don't come with a minimal policy. Unless you are making a claim and your company requires it, a police report won't do much for you. Also keep in mind that even if you do have UM coverage and you do make a claim, your insurance company is going to be very skeptical and will probably fight paying you anything, considering (a) the delay in reporting, and (b) what sounds like your own contributory negligence. Thanks. I don't have auto insurance (I was on a bike, not a motorcycle). I've heard horror stories about medical insurance companies refusing to cover injuries from accidents (because the other person's insurance should cover the cost), and just wanted to know if I hosed up by not reporting it to the police or something.
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Feb 21, 2016 21:13
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Jack Gladney posted:Thank you for the information and for being polite. As an impartial reader, noone is being rude to you, they are explaining your options, all of them and fully.
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Feb 21, 2016 21:50
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Jack Gladney posted:I was informed of an overpayment via e-mail, asked for confirmation, received it, then wrote back a second time requesting an in-person meeting where the issue could be discussed more fully. I never received a response to the second e-mail. I am worried that I'm going to be sued. What am I wrong about? You aren't likely to be sued before some initial discussions. It's more likely that they'll just pay you less money until their books balance. If its legal under MA employment law, they can reduce you pay check without suing you. That's what I'd do if I were your employer. It was very kind of them to ask how you prefer to pay them back instead of just sending you a paycheck for a dollar or something.
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Feb 21, 2016 21:57
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jassi007 posted:The main thing about legal advice is, there is often a solution that doesn't require legal advice. It is only after people in general (not just you) let things go or fail to act that things have to be resolved through legal action. When things get to that point, the outcome is almost never going to be good for you. I'd guess that if you get sued and lose, you'd probably be liable for legal fees. Basically if you won't pay up and make them take you to court the court will make you pay the cost of having to do so. If you can't afford to pay now, you'll be double unable to pay the debt + fees + your own legal fees. Paying now is the cheapest option you have. Also, the judgment will probably be amount plus interest, and court ordered interest can add up.
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Feb 21, 2016 22:01
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quickly posted:Thanks. I don't have auto insurance (I was on a bike, not a motorcycle). I've heard horror stories about medical insurance companies refusing to cover injuries from accidents (because the other person's insurance should cover the cost), and just wanted to know if I hosed up by not reporting it to the police or something. If you had UM coverage it wouldn't matter that you were on a bike because you were hit by a motorcycle. But since you have no auto insurance anyway the question is moot. Your medical insurance should cover your care regardless of how it happened, but they will send you a letter asking you to tell them whether it was caused by an accident and you should be truthful. They want to try to recover what they can, but they can't deny you coverage for treatment simply because some other party owes you. I doubt it will matter since the hit-and-run circumstances of the accident mean they would have a tough time subrogating against the motorcyclist anyway.
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Feb 21, 2016 22:02
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MassaShowtime posted:As an impartial reader, noone is being rude to you, they are explaining your options, all of them and fully. Actually I was trying to be rude. My wife also teaches college and also had toys exact same thing happen. It really loving sucked because I was still in law school at the time so having to pay back a lot of money hurt our finances. We basically went two months with no income at a time where we were paycheck to paycheck. That said, it was our fault for not watching where the extra few thousand in checking came from. So while I'm sympathetic, I chalked it up to "life lesson," we paid the money, and I'm glad it's over. Our wages were so miniscule at the time we really should have noticed the extra money, but I think we were willfully ignorant.
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Feb 21, 2016 22:44
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Phil Moscowitz posted:If you had UM coverage it wouldn't matter that you were on a bike because you were hit by a motorcycle. But since you have no auto insurance anyway the question is moot. Thanks - that makes sense. I guess I was worried that I would get stuck in some interminable insurance hell, or be held responsible for bills if it turned out I was still crossing when the light turned red.
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Feb 21, 2016 22:54
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Brady posted:Is it legal for me to offer giftcards in exchange for in-game currency on my minecraft server? Players can buy currency from us or they can earn it by playing the game. Are you offering gift cards to the players in exchange for their in game currency, or are you taking gift cards from players and giving them in game currency for it? I can't imagine how it'd be illegal if you put the terms in writing and have them agree to it. There will be more questions such as if it is considered income (likely), if you plan to report it as income, who would report it, can you somehow offset serve expenses to avoid paying income tax on it, who owns the server, etc.
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Feb 21, 2016 23:29
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patentmagus posted:You aren't likely to be sued before some initial discussions. It's more likely that they'll just pay you less money until their books balance. If its legal under MA employment law, they can reduce you pay check without suing you. That's what I'd do if I were your employer. It was very kind of them to ask how you prefer to pay them back instead of just sending you a paycheck for a dollar or something. In Massachusetts it's illegal to make deductions from an employee's pay for an overpayment without first getting consent in writing from the employee, and it's also illegal to reduce somebody's paycheck below the state minimum wage for reasons having to do with an overpayment. I did tell them that I was happy to work out a schedule for repayment, but am concerned about the possibility (not inevitability) of getting sued because my contract ends in May and I likely won't make more than $25,000 a year for at least a year and maybe much longer than that--meaning that I want to be prepared if they aren't satisfied with the proportion of my meager earnings that I'm able to offer up. Which I wouldn't be if I were them and had an unexpected budget deficit that I perhaps couldn't easily handle getting back piecemeal. There are reasons why I didn't follow up to the initial series of e-mails with payroll and why I might not have noticed an overpayment that I am happy to discuss over PM but don't want to post publicly because they could be used to identify me. Also I am content with the answer I received and feel like it's a borderline derail to keep talking about my case beyond that.
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Feb 21, 2016 23:40
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In a general case of overpayment, (not this case specifically), is it reasonable to ask the employer to show you the accounting of the overpayment if it's not otherwise clear, or at least provide some numbers beyond just saying "Oops we overpaid you, give some back"? I would be wary of just taking their word for it considering they evidently messed it up the first time. I've seen instances of startups and small companies doing very stupid things, like asking hires who didn't work out to repay some of their salary because they "didn't do a good enough job," or retail and food service trying to take product loss/cash handling errors out of employee pay. This is why I ask.
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Feb 22, 2016 00:36
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I have a family member who was on probation for a class III or IIIA felony in Omaha, NE (domestic violence). He was caught violating probation at least twice, including having a beer can on the coffee table and having contact with the victim, but he hadn't yet had a court date for the violations. His original conviction was up to 5 years, and after his first violation his PD said he would probably get 1 year if he did everything right (he didn't). Now, he cut off his ankle bracelet and he's a fugitive. Any defense attorneys have a spitball shot at how much time in prison he's looking at? I'd assume at least 2 years from the original charge + whatever from his new charges. Nobody in the family is harboring him or anything, we'd very much prefer that he be found.
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Feb 22, 2016 01:19
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NancyPants posted:In a general case of overpayment, (not this case specifically), is it reasonable to ask the employer to show you the accounting of the overpayment if it's not otherwise clear, or at least provide some numbers beyond just saying "Oops we overpaid you, give some back"? I would be wary of just taking their word for it considering they evidently messed it up the first time. Oh yeah. But in literally any circumstance where you are giving someone money or they are giving you money in a form of commercial transaction you should be accounting for it in some way. It's why you get a payslip at the end of the month, it's why a shop gives you a receipt. But you should know how much you expect to be paid. This is basic adult work/life skills 101.
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Feb 22, 2016 01:31
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Sucks being in adjunct hell. Move into alt-ac jobs.
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Feb 22, 2016 02:03
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Hot Dog Day #91 posted:Sucks being in adjunct hell. Move into alt-ac jobs. Legit working on it. I might even sell my soul soon for $100k a year like my friend who was an ethicist but now helps make drones.
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Feb 22, 2016 03:03
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