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But yeah, never ever ever deal with the other driver other than to get their information. It's what you pay your insurance company to do. If they don't have insurance, that's what you should have uninsured motorist coverage for. It isn't much extra and is worth it 100% of the time.
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May 29, 2017 00:53
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It ok if I share a particularly beautiful reddit legal advice request? It's just  .
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May 29, 2017 03:43
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Discendo Vox posted:It ok if I share a particularly beautiful reddit legal advice request? It's just 
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May 29, 2017 04:00
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Hey guys, I'm not sure what to do in this situation and need some advice. I was at IHOP this morning having a nice breakfast. Everything was delicious and I was content. As I went to pay for my meal I was told that the credit card machine was broken and that I need to pay cash. Not having any cash on my person, I informed that I would need to leave and go to an ATM. They were not OK with this. The cashier said I could not leave and needed to wait until the machine started working or call someone to bring me cash. I told him that this was absolutely unacceptable and I would not be held hostage over $12. (Now, I want to preface this with the fact that have a valid CPL and was carrying at the time.) At this point the manager comes over and invades my personal space. He steps in front of me and tells me I'm not leaving until I pay for my meal. I told him that he could not force me to stay. As I stepped towards the door her grabbed my arm, at which point I drew my Glock 23 and asked to remove his hands from me. He immediately let go and said he was calling the cops. I got in my car and left. I'm currently sitting at home and I'm not sure what I should do. I doubt they could identify me or find me. Any advice is appreciated.
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May 29, 2017 04:03
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Edit - I called the station and they said they had not received any reports of brandishing. Looks like I'm in the clear.
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May 29, 2017 04:08
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That one's been posted here before so if it's up on reddit again it's probably a repost. That said, still love that (if real) he called the police and basically gave them a free lead.
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May 29, 2017 04:12
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Edit 2 - A detective from the department left me a voicemail saying he wanted to ask me some questions. I blocked my number so I'm sure how they got it. I made an appointment to meet with a Second Amendment attorney on Monday. (actual question: to what degree are "Second Amendment attorneys" a thing? Google returns almost exclusively the lowest and sketchiest of bottom-feeders). EDIT 3 - The police just left. I'm not sure how they found me or my address. They took my ALL my firearms and made me let them search my house and safe. They issued my a citation for brandishing and assault. I have a court date. This is bullshit so hopefully the lawyer I talk to on Monday can help me sue the department AND IHOP. [update] Hostage at IHOP. So the last fees days have been interesting. I will try to keep this as concise as possible. After the police left on Saturday I was super upset and felt like my rights had really been violated. I was also upset that I could not carry a firearm as mine had been taken as evidence. After talking to my friend about how I felt unsafe since I was unarmed he let me a borrow his .38 until I could get my guns back. I know now that this was a mistake. On Sunday, I woke up and decided I would try to fix things myself. I went back to the IHOP in hopes that I could talk to the manager and apologize / pay for my meal.The manager from the incise wasn't there but the cashier was the same. Before I could even get in the door he was yelling at me to leave and telling me how I was not allowed in IHOP anymore. I told him I wanted to talk to the manager and try to clear things up. Before I could even talk to the manager or make things right the police we pulling in. I decided now would be a good time to leave except before I could step outside they draw their loving guns on ME. They tell that I am trespassing (which is bullshit because I go to this IHOP everyday and never been trespassed.) and they are going to arrest me. They take me down the PCDC and tell me I'm getting charged with trespassing and unlawful possession of a firearm, which is also bullshit because I still have a valid CPL. I bailed out this morning and they've now stolen my friends gun. They would not return it to me with my other items. (Another thing they will be sued for.) I spoke with a 2A attorney today but he refused to represent in my criminal charges and my suit. He said I would need a different attorney for my lawsuits. I've spoken to several local attorneys but none will take my case and suit without payment upfront. Discendo Vox fucked around with this message at 04:36 on May 29, 2017 |
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May 29, 2017 04:14
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Ur Getting Fatter posted:That one's been posted here before so if it's up on reddit again it's probably a repost. Yeah, it's old.
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May 29, 2017 04:35
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I'll just append the rest of it to the third post, then, sorry for the disappointment.
Discendo Vox fucked around with this message at 04:40 on May 29, 2017 |
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May 29, 2017 04:36
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An oldie but a goodie. Everyone called him out as a troll after his story devolved into complaints that the manager was "an illegal" and he stopped posting.
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May 29, 2017 05:44
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I'd love to know the legal status of a business just straight up not accepting a form of payment that's posted on their door. (assuming they have the mastercard/etc stickers on the door like most places) Dude has a point wrt them trying to physically restrain him from going to get cash. Expecting someone to just sit there for an unknown time period until the machine works is lol. Most non-power-tripping managers would/should let the guy leave a card there or xerox an ID or something at WORST while he's finding an ATM. I can only HOPE the situation would've resolved in his favor had he not pulled a pistol. (assuming that story is at all real) It's never amounted to much of anything but about twice a month for me, gas pumpers gently caress up and hit the wrong button when I buy gas, and at some stations the system won't let them take a card for it after that (due to different prices for cash or cards); If you don't have cash on you when they do that, the best case scenario is a manager has to come fix it. Last time it was at night and there was no manager there, just the cashier and pumper, so it could not be unfucked until morning. They wound up comping the gas, but it was not a fun argument to get there.
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May 29, 2017 08:05
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Javid posted:I'd love to know the legal status of a business just straight up not accepting a form of payment that's posted on their door. (assuming they have the mastercard/etc stickers on the door like most places) Well, dining and dashing is illegal most places, just to get that out there. It's possible for it to be legal for the restaurant to forbid a person from leaving in that specific situation, though actually physically restraining the person most likely isn't. The situation is obviously different when it's a problem on the restaurant's end. I believe both Visa and Mastercard have a backup payment system on most modern card terminals, allowing you to pay if there's simply no connection to backend systems or servers, which is something I'd expect to be part of the agreement between the payment service provider and the restaurant. Some also carried old-timey physical card processors, but that's probably not a thing anymore. If it's simply that the system is down and nothing can get through, I suppose the intelligent thing to do would be for the restaurant to take down the person's details and try and bill them? Anyway, the legal status for a business refusing payment through Visa or Mastercard or somehow abusing the system in other ways is usually termination from the payment service, but that's not really what the bullshit story is about. As for what actually happens or is supposed to happen if the restaurant can't accept payment, that probably varies from country to country.
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May 29, 2017 08:22
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Nice piece of fish posted:Well, dining and dashing is illegal most places, just to get that out there. It's possible for it to be legal for the restaurant to forbid a person from leaving in that specific situation, though actually physically restraining the person most likely isn't. The company can just copy the cc info and process the bill when their stuff works. That used to be completely normal before the internet. *edit* Here's the actual manual for places with the reader. Page 21 for what to do when the machine doesn't work. http://www.joetaxpayer.com/wp-content/uploads/2013/06/VISA-rules-for-merchants.pdf spacetoaster fucked around with this message at 14:27 on May 29, 2017 |
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May 29, 2017 14:24
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I was a store maybe 3 years ago and they lost their link to the processor. The manager went out back and got an imprinting machine and started running everything by hand.
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May 29, 2017 14:37
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exploded mummy posted:I was a store maybe 3 years ago and they lost their link to the processor. This is what happens when you patronize time travelling junkyards.
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May 29, 2017 15:30
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The fact that crash kits are so common is what makes the story hilarious. Either it's a troll and the OP didn't think that far ahead, or if it's real then the gun nut was so meth-addled he couldn't figure out what they were asking him to do.
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May 29, 2017 18:12
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Unload My Head posted:The fact that crash kits are so common is what makes the story hilarious. I've definitely had cases where stores have the CC processor go down, and they don't seem to have a loving clue what to do. Holding people hostage has never actually been a thing though. I vote troll.
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May 29, 2017 18:14
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I just keep picturing McBain, sitting at the IHOP table, being told by the waitress that the CC machine is down, then pulling a gun from under his jacket and saying "Guess I'm paying with lead then"
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May 29, 2017 18:36
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nm posted:I've definitely had cases where stores have the CC processor go down, and they don't seem to have a loving clue what to do. Holding people hostage has never actually been a thing though. I had it happen to me in an olive garden. They threatened to call the police so I pulled out my phone and started dialing the police for them. All of a sudden I was free to leave and they would call me later for my credit card information. I could easily see a power tripping restaurant manager getting in a fight like this with a gun fanatic.
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May 30, 2017 01:41
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I believe the story was real, but with regard to how the restaurant staff acted, I'm guessing the original author may not have been entirely accurate.
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May 30, 2017 02:01
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Discendo Vox posted:I believe the story was real, but with regard to how the restaurant staff acted, I'm guessing the original author may not have been entirely accurate. The kind of guy who feels the need to carry a gun into an IHOP may not have been entirely accurate about how the brandishing went down? Color me surprised.
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May 30, 2017 06:14
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Thanatosian posted:The kind of guy who feels the need to carry a gun into an IHOP may not have been entirely accurate about how the brandishing went down? Color me surprised. I had a brandishing case where the defendant had someone record the entire interaction. He thought it would exonerate him. He plead out.
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May 30, 2017 06:33
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nm posted:I had a brandishing case where the defendant had someone record the entire interaction. He thought it would exonerate him. Pleaded or pled. I will cut you Discendo Vox fucked around with this message at 08:09 on May 30, 2017 |
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May 30, 2017 07:19
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Discendo Vox posted:Pleaded or pled. That avatar is technicalli correct.
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May 30, 2017 07:26
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exploded mummy posted:I was a store maybe 3 years ago and they lost their link to the processor. They had one of those at the local ice rink I go to whenever their system went down. It was pretty funny actually. I remember one time when I was about 19 I went to get a haircut at a barbershop, but didn't know that they couldn't accept credit (barbers being cash only for "tax reasons" obviously). The guy let me go out to an ATM and pay about 10 minutes later. I couldn't imagine somebody getting held up over a $8 haircut or dinner at waffle house.
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May 30, 2017 13:29
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I mean in extenuating circumstances, what you do is leave the store/restaurant with your ID while you go to get cash - with your $8 haircut or $12 IHOP meal, you're not going to ditch your ID just to dodge that bill (or at least, the number of people willing to do so is so low that its worth their risk). Especially if he had been going there every day.
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May 30, 2017 14:32
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A big franchised restaurant chain like IHOP would certainly have a backup method to process cards. It goes like this: No internet? The machine will "store" the info it would send until it actually can. Computer completely unable to take cards? Most places would just jot your card info down or get out the knuckleduster and process it later via manual entry. In either case if the card doesn't run they'll chalk it up as a loss unless it was a particularly large amount.
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May 30, 2017 14:46
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My new credit card came without the embossed numbers, they're just printed on the back. I guess I'll have to resort to brandishing at IHOP.
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May 30, 2017 15:24
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My understanding is that in a lot of places knuckle busters are being removed and destroyed im favor of different offline procedures so that they don't have the paper forms hanging around and needing to be retained.
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May 30, 2017 15:32
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So what are we thinking: is this guy a scrawny bespectacled doofus with a tucked in polo shirt and 5.11 tactical pants, or is he a lunchbox who favors cowboy hats and bad facial hair?
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May 30, 2017 15:35
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Definitely the former. They tend to be more pro-actively paranoid, and the latter would have just hopped in his lift-kit Ford and towed the manager's car out on to the freeway.
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May 30, 2017 15:38
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I was picking up an order at a restaurant (40$) and their machine broke. They apologized profusely and let me just have the order for free (even though I had the cash and offered). Of course they did make me wait 10 minutes, or so, for them to try to fix the thing.
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May 30, 2017 15:38
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General questions: I have a job that is classified as EXEMPT with annual salary + my employment contract stated that my employer would pay my health insurance. Company has fallen on hard times, and my employer has requested all employees pay their own health insurance premiums. Also, they've started doing random adjustments to pay, i.e. if you show up late one day for one hour, you are docked one hour pay even if you are salary/exempt. What are the legal remedies/ramifications for EXEMPT employees in this situation? It is my understanding that by accepting a salaried position I don't make overtime (which is fine) but if I work less than 40 hours for some reason, does my employer get to start treating me like an hourly employee?
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May 31, 2017 17:26
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You have a contract? What does it say?
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May 31, 2017 18:29
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nm posted:You have a contract? What does it say? My original job contract (This was 7 years ago) included the job offer (originally a $40k salary) plus health insurance premium coverage (all employees were covered). It also had things related to NDA/Non-compete agreement. Since then I've gotten several raises, etc. but this being a salaried position, my greater concern is that I'm being docked hours (being paid @ 75% salary) if I work remotely, or having my vacation time charged. Also, now that I'm paying my own health insurance premium, the hit against my regular salary puts it below the federal minimum as of December 1, 2016. source My employer does not track time (there are no punch clocks, etc.) I'm just being penalized for hours I work remotely or if I show up late, which is a violation if I'm not mistaken. source So... it is entirely possible I could be non-exempt salaried I guess, but what are my rights at this point? It is my understanding that salary is guaranteed at the agreed-upon amount. My paystubs all say "SALARY" and it is typically the same amount monthly. I've just been getting nickel-and-dimed lately because the company is having financial problems.
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May 31, 2017 19:09
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You're right that some of the stuff isn't up to snuff, but quite frankly your protections vary. The federal government guarantees minimum wage and overtime hours. Each state has their own laws that go beyond that, but not necessarily much. Your contract can be verbally altered in some states as long as it's prospective and not retroactive. Any breach of that is a breach of contract and you have to sue to recover. So here are your options: Go to the local federal department of labor office and talk to them about any federal violations. Contact your state labor office and see what they tell you (if you live in an "at-will" state that has next to no worker protections like Florida, good luck at this step). And finally, lawyer up with a labor lawyer to sue for any back wages. Honestly, though, if the company is having such liquidity struggles, it's high time you should be shopping your resume out and getting out of dodge because they're going belly up sooner rather than later.
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May 31, 2017 20:40
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Mr. Nice! posted:You're right that some of the stuff isn't up to snuff, but quite frankly your protections vary. The federal government guarantees minimum wage and overtime hours. Each state has their own laws that go beyond that, but not necessarily much. Your contract can be verbally altered in some states as long as it's prospective and not retroactive. Any breach of that is a breach of contract and you have to sue to recover. I appreciate the advice. Currently, I have other contract jobs/positions so financially I'll be fine either way. I contacted our accountant about the pay discrepancy, and she is writing a check to cover about half of it based on "clerical error" but my monthly pay for the past month is half of what I make at a part-time contract job I'm also working. Allegedly me (and everyone else) paying for my own health insurance premiums is "temporary" for the purposes of covering a cash shortfall over the next 2 months. I think the best thing I can do is brush up on my resume as you suggested and pick up a different source of income. I live in an at-will state (Alabama) and most of the violations are related to the random pay-docking. We've been promised bonuses/etc. later in the year *if* things go well, but I'm not holding my breath with the current "I have altered the deal, pray I don't alter it any further" treatment we've been getting. Thank you.
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May 31, 2017 21:40
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That company is two weeks from bankruptcy. There will be no bonuses.
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Jun 1, 2017 01:08
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In bankruptcy proceedings, where do un(der)paid employees stand in the pecking order for the remains?
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Jun 1, 2017 01:19
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Bad Munki posted:In bankruptcy proceedings, where do un(der)paid employees stand in the pecking order for the remains? It would seem like putting them ahead of creditors would result in the owners "underpaying" themselves or friends to scoop up whatever was left.
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Jun 1, 2017 01:21
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