|
Nevvy Z posted:Bolded section is fixed to my understanding. The employer isn't stiffing the school, because the school is billing my wife for her tuition. The employer went into whatever form they submit to the school and "updated" it to remove my wife's credits. This is why we aren't pursuing asking the school to fix this, though if an attorney wanted to include the school in whatever proceeding I would understand it. Ok here is the logical disconnect I'm having: If the school said, "do this internship, get credits." and you did the internship, why is it your problem that the school isn't getting paid? If the school's agreement is with the employer, then the employer breached its agreement with the school. I'm saying it this way because someone at the school, might hear it this way and give you what you want. You said its a 'form' that the employer submitted, and then 'unsubmitted' or whatever, so no actual cash ever changed hands. If no cash ever changed hands, then its a matter of the school recognizing that activity was conducted on your part and a third party's refusal to acknowledge that you did that activity should be easily remedied by the School deciding to acknowledge that you did?
|
#
?
Apr 19, 2018 16:18
|
|
|
|
| # ? May 16, 2024 20:32 |
|
|
"Hey John, if you trim that lady's hedges I'll give you a pack of baseball cards." "Ok, I trimmed the hedges. Cards please?" "Oh, sorry, the lady is saying you didn't trim the hedges." "Dude, look at the loving hedges, they're trimmed like you asked. Baseball cards please."
|
|
#
?
Apr 19, 2018 16:22
|
|
|
blarzgh posted:"Hey John, if you trim that lady's hedges I'll give you a pack of baseball cards." That's cheap. My 9 year old would work a full day for baseball cards. 
|
|
#
?
Apr 19, 2018 16:28
|
|
|
blarzgh posted:Ok here is the logical disconnect I'm having: If the school said, "do this internship, get credits." and you did the internship, why is it your problem that the school isn't getting paid? If the school's agreement is with the employer, then the employer breached its agreement with the school. The school said "Employer, accept interns from this program, get credits to give your employees." My wife was one such employee, who actually directly supervised some of the interns in question. The school then assigned/xfereed/whatever the employer the credits, who "awarded" (their words) them to my wife based on the application and her employment history with the company.
|
|
#
?
Apr 19, 2018 16:30
|
|
|
spacetoaster posted:That's cheap. My 9 year old would work a full day for baseball cards. "And he'll get an onion for lunch and he'll like it!"
|
|
#
?
Apr 19, 2018 16:30
|
|
|
Was the award "if you take classes at the school we will reimburse you up to 5k?" Was it "you can take classes up to 5k at the school?" The problem is that the credits may or may not have been a benefit that she was entitled to, or it might have been a program through work. It changes the analysis a lot. The other problem is you cannot really pursue this over 5k unless there are statutory penalties and attorneys fees tacked on, such that a lawyer will take it on contingency. I just honestly don't know if that's the case, so you should consult an employment law attorney. Look for someone who says they do plaintiffs work and hopefully has experience with benefits litigation. If no one will take this on contingency, then you should just send a demand letter. Hiring a lawyer to pursue this will almost certainly cost more than 5k. Finally, file a claim or complaint with your state labor board. See what they have to say.
|
|
#
?
Apr 19, 2018 17:34
|
|
|
State labor said nothing they can do. Employment lawyer thought that if there was nothing written anywhere about the contingency then it would be worth pursuing in small claims and/or to the civil rights commission.Hot Dog Day #91 posted:Was the award "if you take classes at the school we will reimburse you up to 5k?" Was it "you can take classes up to 5k at the school?" It's "you've been awarded X credit hours with School" quote:The problem is that the credits may or may not have been a benefit that she was entitled to, or it might have been a program through work. It changes the analysis a lot. Not sure how to answer this. Harold Fjord fucked around with this message at 18:01 on Apr 19, 2018 |
|
#
?
Apr 19, 2018 17:56
|
|
|
Yes, it's a complicated question that I don't know the answer too either. Benefits are a specialized area of employment law. Check with another employment attorney or two. If they all refuse to take the case, and the labor board won't do anything, then small claims is probably your only option. For what it's worth, I hate when the worker suffers at the hand of the company and I hope you're successful. But I saw these types of cases roll in all the time at legal aid, and we rarely were able to help. Good luck on it. An employment lawyer may stop byvand offer some information on benefits. What state by the way?
|
|
#
?
Apr 19, 2018 18:45
|
|
|
Nevvy Z posted:It's "you've been awarded X credit hours with School" OK, so again clarify for me: A) Her transcript shows like 12 credit hours for this semester, but it should show 18? Or, B) Her tuition account says, "These 18 hours cost $10,000.00 - thats how much you owe us." but it should say "These 18 hours cost $10,000.00 - you only owe $4,500.00 because of the credits."
|
|
#
?
Apr 19, 2018 19:15
|
|
|
I think they were future credits she could use.
|
|
#
?
Apr 19, 2018 20:13
|
|
|
Hot Dog Day #91 posted:I think they were future credits she could use. Yeah. blarzgh posted:B) Her tuition account says, "These 18 hours cost $10,000.00 - thats how much you owe us." but it should say "These 18 hours cost $10,000.00 - you only owe $4,500.00 because of the credits." This. But it previously said "you only owe $4,500" until the employer went in and canceled them.
|
|
#
?
Apr 19, 2018 20:23
|
|
|
Nevvy Z is being very vague in their description, but as someone that's seen these kinds of programs it's almost certainly a discount the school is giving an affiliated company in exchange for internships provided by the company. The school is giving the business X amount of discount for them to dole out as they wish and the business is distributing it based on whatever system they want to. It is most definitely an employee benefit and the school has nothing to do with how the company doles it out. The company handbook likely doesn't talk about it, but just as likely the employee contracts don't guarantee it either.
|
|
#
?
Apr 19, 2018 21:06
|
|
|
Anonymous Zebra posted:Nevvy Z is being very vague in their description, but as someone that's seen these kinds of programs it's almost certainly a discount the school is giving an affiliated company in exchange for internships provided by the company. The school is giving the business X amount of discount for them to dole out as they wish and the business is distributing it based on whatever system they want to. It is most definitely an employee benefit and the school has nothing to do with how the company doles it out. The company handbook likely doesn't talk about it, but just as likely the employee contracts don't guarantee it either. I can't get over the idea that there is someone in the school billing/tuition department with the power and authority to make changes to the billing system to rectify fraud, error, refunds, etc. If you can find that person, and convince them of your situation - I did the work, they submitted the credit - can't you get that person with authority in the tuition department to fix your balance?
|
|
#
?
Apr 19, 2018 21:27
|
|
|
I’m wondering what the legality of moving a double parked car would be? To begin I have the perquisite tools to access said car and since we’re on an incline I could just shift it to reverse and roll him out of the way. Would it be legal to do this if I didn’t damage the car in the process, if I did damage the car since the tool I have is policeman’s tool for breaking out car windows what would the resulting punishment be?
|
|
#
?
Apr 19, 2018 21:50
|
|
|
Ah thats fine. If the police show up just show them your tools.
|
|
#
?
Apr 19, 2018 22:07
|
|
|
Ein cooler Typ posted:I’m wondering what the legality of moving a double parked car would be? To begin I have the perquisite tools to access said car and since we’re on an incline I could just shift it to reverse and roll him out of the way. Would it be legal to do this if I didn’t damage the car in the process, if I did damage the car since the tool I have is policeman’s tool for breaking out car windows what would the resulting punishment be? Unauthorized use of a motor vehicle: felony, 1-5 years in prison Depending on your record and remorse, you could maybe get it reduced to: Tampering with a vehicle: misdemeanor, 0-6 months in jail also, Possession of implements of burglary: misdemeanor, 0-1 year jail E: resulting damage: Malicious injury to property: less than $1000, misdemeanor 0-1 year jail, triple damages to owner more than $1000, felony 0-2 years prison, triple damages to owner Molesting a motor vehicle: misdemeanor, 0-1 year jail (could also apply to just moving it without damaging it) joat mon fucked around with this message at 22:47 on Apr 19, 2018 |
|
#
?
Apr 19, 2018 22:36
|
|
|
blarzgh posted:Here are my totally non-legal thoughts on the matter: Mods, clearly not a traffic issue.
|
|
#
?
Apr 19, 2018 23:24
|
|
|
Just slash the tires dude
|
|
#
?
Apr 20, 2018 00:59
|
|
|
joat mon posted:
Is possession of the "implements" all that's needed to prove intent, or do they need something else? Because I've got several of those tools in my trunk for changing tires and minor car repair.
|
|
#
?
Apr 20, 2018 01:35
|
|
|
spacetoaster posted:Is possession of the "implements" all that's needed to prove intent, or do they need something else? I'm pretty sure that "using them to break into a car" fulfills whatever element of intent is required.
|
|
#
?
Apr 20, 2018 01:45
|
|
|
A partner replied "I told him to do it because you resigned." to my wife's e-mail. I'm excited for small claims court! Can we livecast it in this thread? We'll all be my attorneys!
|
|
#
?
Apr 20, 2018 02:05
|
|
|
Pretty sure there are states where a slimjim is contraband outside the hands of a licensed locksmith/tow driver.
|
|
#
?
Apr 20, 2018 02:16
|
|
|
Javid posted:Pretty sure there are states where a slimjim is contraband outside the hands of a licensed locksmith/tow driver. I wonder what Randy Savage would have to say about this.
|
|
#
?
Apr 20, 2018 02:54
|
|
|
Dead Reckoning posted:I'm pretty sure that "using them to break into a car" fulfills whatever element of intent is required. Ok. But the law in the law quoted says possession. That's just having them. I was asking if simply possessing them covers the intent.
|
|
#
?
Apr 20, 2018 03:06
|
|
|
blarzgh posted:I can't get over the idea that there is someone in the school billing/tuition department with the power and authority to make changes to the billing system to rectify fraud, error, refunds, etc. If you can find that person, and convince them of your situation - I did the work, they submitted the credit - can't you get that person with authority in the tuition department to fix your balance? At the schools where I've worked, the Registrar's Office would have been the place to start.
|
|
#
?
Apr 20, 2018 03:16
|
|
|
Hot Dog Day #91 posted:Ah thats fine. If the police show up just show them your tools. Lol
|
|
#
?
Apr 20, 2018 03:21
|
|
|
spacetoaster posted:Ok. But the law in the law quoted says possession. That's just having them. The crime is possession + intent to commit burglary. Intent is usually proved by inferences based on the circumstances of the possession.
|
|
#
?
Apr 20, 2018 03:42
|
|
|
Does it matter if the guy who stole my wife's education benefit has multiple discrimination and other suits against him from a bunch of different women who used to work for the employer?
|
|
#
?
Apr 20, 2018 14:54
|
|
|
Nevvy Z posted:Does it matter if the guy who stole my wife's education benefit has multiple discrimination and other suits against him from a bunch of different women who used to work for the employer? In addition to my incredulity that there is LITERALLY NO ONE at the school's Registrar's Office (as helpfully pointed out) that can just fix the problem, I'm equally incredulous that you're unable to find a labor attorney to take a case on contingency against a retaliatory employment action, by someone with multiple reports of discrimination and multiple lawsuits against them. I really can't believe that you won't get any results if you go plant yourself, from open to close, in the registrar's office until someone with some authority will work with you - particularly if you show them that email. If REVENGE is all you're really after then have a ball in Court, but if it were me, I'd want to know for 100% sure that I couldn't get everything I wanted in a few hours down at the school before I put all my eggs in the basket of some accountant who plays Toddler-Judge three times a week (the JP).
|
|
#
?
Apr 20, 2018 15:04
|
|
|
Nevvy Z posted:Does it matter if the guy who stole my wife's education benefit has multiple discrimination and other suits against him from a bunch of different women who used to work for the employer? No, it doesn't really matter for this singular issue. And no small claims judge is going to want to hear your arguments that he's a bad man. He may be, but the legal questions are (1) was your wife entitled to the 5k or it's value?; and (2) did he take it away unlawfully. If the answer is yes to both, you should win. But if you file a lawsuit that alleges he did this because he hates women (which may be the truth) you will be just another party litigating against timeline you hate, rather than to recover the value of your damages.
|
|
#
?
Apr 20, 2018 15:29
|
|
|
A debt collector is going after me for ~100 dollars. I requested validation and they have the account number, Dr's Name, $billed and $paid amount all incorrect. Should I just wait for them to sue me or how can I get money from them?
|
|
#
?
Apr 21, 2018 15:23
|
|
|
Contact an fair debt collections practices act attorney(FDCPA). If they still exist (scotus gutted something of it recently I think), they take cases on contingency because they can be awarded attorney fees. And there are statutory penalties for you, the victim. They'll be able to appropriately evaluate your case. I haven't touched FDCPA in about 4 years so I don't recall some of it. This is assuming you're in the US. Some State's, like Texas, have their own state level consumer protections. But Google fdcpa attorney in your city.
|
|
#
?
Apr 21, 2018 16:11
|
|
|
Submarine Sandpaper posted:A debt collector is going after me for ~100 dollars. Demand the paperwork, and then correct it. These people prey on the poor and ignorant, not people beating down their door consuming time with a bona fide claim. They are a volume operation.
|
|
#
?
Apr 21, 2018 19:08
|
|
|
Last weekend the employer responded to my wife's request that they fix it with "this was a gift, that means we can do whatever we want." Today they offered to give her 4 of the 7 credits that they had not already given another employee, literally stating that they would be thrown away if they didn't give them to my wife, but then a few minutes later said "actually it's too late for us to submit them, too bad." They keep asking my wife for documents, or to see documents, or if she "has documents to the contrary." But if it's too late to fix it, small claims ahoy! Harold Fjord fucked around with this message at 21:42 on Apr 23, 2018 |
|
#
?
Apr 23, 2018 21:40
|
|
|
When you're presenting yourself in small claims, I'd suggest using some different words than 'credits' so you don't go through the confusion of class credit hour vs tuition things that you did here. I'd suggest "tuition prepayment for one credit hour of classes" or something like that. Otherwise, best of luck to you!
|
|
#
?
Apr 24, 2018 04:20
|
|
|
Definitely call it "credit credit"
|
|
#
?
Apr 24, 2018 04:32
|
|
|
Google the small claims judge and try to frame in something the judge knows because the judge probably isn’t a lawyer and/or is barely competent
|
|
#
?
Apr 24, 2018 04:39
|
|
|
I did a small claim PI case and the judge was a lawyer. Y'all in backwards rear end land. It was the weirdest, most awkward thing I've done as an attorney and I argued a guy whoa admited the pipe was his didn't actually possess the pipe because the deal sucked. Oto, I won, so, I was fine. I'm about 90% sure the only reason I won is that once the judge learned I was an attorney he let me argue the law a bit.
|
|
#
?
Apr 24, 2018 05:13
|
|
|
nm posted:I did a small claim PI case and the judge was a lawyer. Y'all in backwards rear end land. I hope you used the famous "Ceci n'est pas une pipe" argument
|
|
#
?
Apr 24, 2018 12:12
|
|
|
|
| # ? May 16, 2024 20:32 |
|
|
BTW blargs, I've been encouraging her to contact the school about it but I'm not the boss. Edit- the employer gave her 4 of them after she contacted the school to verify that they could still be submitted just not through the form, the other 3 they did give someone else. Harold Fjord fucked around with this message at 21:12 on Apr 24, 2018 |
|
#
?
Apr 24, 2018 20:48
|
|