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evilweasel
Aug 24, 2002

GreenMetalSun posted:

Hello Thread,

I've been accused of academic dishonesty. Specifically, a teacher is claiming that someone submitted a copy of a paper I wrote. This is both not true, and impossible. No one had access to the computer the paper was on, and the file has never been accessed by anyone but myself and the teacher. I did not speak about the paper, or discuss it with anyone, or post writing samples online, or anything remotely similar. She says she does not have to identify the other student involved, nor show me the supposedly identical/copied report, nor provide any other information/documentation.

I have to go to a hearing on Monday, but I have no idea how to proceed. She hasn't given me any information, only made nebulous accusations, so I have no idea how to defend myself.

Ask whatever organization is holding the hearing for those details?

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euphronius
Feb 18, 2009

The univeristy usually holds these hearings.

Which is why you cant get student legal aid to help you most times.

homullus
Mar 27, 2009

Many institutions have an ombudsman or a conflict resolution center for students that can guide them through the process, even on short notice. They will not act as advocates, but can be more forthcoming than the instructor is about some aspects. Sometimes this person or organization will attend the academic misconduct hearing with the student.

There is also usually somebody from the school's administration present at the hearing, who will not necessarily rubber stamp the faculty opinion, because the faculty sometimes have strange ideas about academic misconduct.

Vargatron
Apr 19, 2008

MRAZZLE DAZZLE


Check and see what the process is for requesting an academic integrity hearing. You should have the right to request one as a student. If you're 100% sure you didn't cheat, you can present your evidence during the hearing.

euphronius
Feb 18, 2009

Due process rights at these things are vague. You may have a right to a hearing. Thats more of an academic question tho. you have to fight as much as you can to clear your name.

Vargatron
Apr 19, 2008

MRAZZLE DAZZLE


At least at my University, the general consensus is that professors would rather you just admit to cheating so they have to avoid doing a hearing. Which is supposedly a giant pain in the rear end for them because they have to have all the evidence and such to present.

null_pointer
Nov 9, 2004

Center in, pull back. Stop. Track 45 right. Stop. Center and stop.

Hieronymous Alloy posted:

She wants to talk to an elder law attorney. The goal should be to get all the assets given away or handed off or walled off so that Medicare and Medicaid can bear the end of life care costs without destroying her principal.

This is exactly the type of information I was looking for. Thank you!

Lovelyn
Jul 8, 2008

Eat more beans
Hypothetically, can a company in WA decide to deduct money from a worker's paycheck, use that money to purchase a gift card, and then give that gift card back to the worker, without the worker's knowledge or consent?

Question inspired by this allegedly happening:

Kalman
Jan 17, 2010

I’d bet it wasn’t a deduction, but gift cards are considered taxable pay (like a bonus is) and thus mentioned on the paystub as part of their pay.

E: ie they got paid the same amount they would have if no gift card, that person just got confused by the inclusion of the gift card as taxable income.

eke out
Feb 24, 2013



yeah that's probably why it's listed as imputed, technically it's something you are required declare to the IRS (though most people never actually declare this kind of thing in spite of that)

eke out fucked around with this message at 22:02 on Feb 19, 2021

euphronius
Feb 18, 2009

Lovelyn posted:

Hypothetically, can a company in WA decide to deduct money from a worker's paycheck, use that money to purchase a gift card, and then give that gift card back to the worker, without the worker's knowledge or consent?

Question inspired by this allegedly happening:



You’d have to check that states fair labor standards act and decisions as wel as the federal one

Guy Axlerod
Dec 29, 2008
Yeah, their taxable wages were probably increased by $50 and then there is a $50 "deduction" for the value of the gift card. It's a dumb way to show it but probably the only way it works in their dumb payroll system.

euphronius
Feb 18, 2009

gift cards from an employer are 100% taxable as income

https://www.irs.gov/government-entities/federal-state-local-governments/de-minimis-fringe-benefits

No comment on the goons case

pseudanonymous
Aug 30, 2008

When you make the second entry and the debits and credits balance, and you blow them to hell.
I'd be pretty loving shocked if a hospital didn't have a way to give someone a bonus in their payroll systems. Healthcare accounting systems have to be fairly robust. What they did looks fairly sketchy. A gift card is basically always a taxable benefit unless it's something like "you get a $10 gift card if you work more than 10 hours in a day so you can buy lunch", that doesn't mean it's wages. Truthfully it's more like a bonus, which is taxed at a different rate than your marginal tax rate.

MadDogMike
Apr 9, 2008

Cute but fanged

pseudanonymous posted:

I'd be pretty loving shocked if a hospital didn't have a way to give someone a bonus in their payroll systems. Healthcare accounting systems have to be fairly robust. What they did looks fairly sketchy. A gift card is basically always a taxable benefit unless it's something like "you get a $10 gift card if you work more than 10 hours in a day so you can buy lunch", that doesn't mean it's wages. Truthfully it's more like a bonus, which is taxed at a different rate than your marginal tax rate.

Bonuses are taxed just like regular income, there’s just a general rule of withholding at a higher rate on them in case the bonus kicks the employee into a higher bracket for the bonus income. And non-cash payments are considered as taxable income of their FMV at time of transfer, so people can’t sneak around taxes by paying in barter basically. So the gift card would be counted on a W-2 as income usually, nothing stands out here as wrong here.

Kalman
Jan 17, 2010

Right; the deduction is because they already received the gift card; there should be a corresponding line in the income portion to reflect the payment for a net of zero on the actual paycheck.

pseudanonymous
Aug 30, 2008

When you make the second entry and the debits and credits balance, and you blow them to hell.

MadDogMike posted:

Bonuses are taxed just like regular income, there’s just a general rule of withholding at a higher rate on them in case the bonus kicks the employee into a higher bracket for the bonus income. And non-cash payments are considered as taxable income of their FMV at time of transfer, so people can’t sneak around taxes by paying in barter basically. So the gift card would be counted on a W-2 as income usually, nothing stands out here as wrong here.

Factually incorrect. A bonus is taxed as supplemental income at 22% fit.

Xenoborg
Mar 10, 2007

pseudanonymous posted:

Factually incorrect. A bonus is taxed as supplemental income at 22% fit.

Careful. Supplemental income may get withheld at 22% (and often it just uses the normal formula or some other random %), it is just a part of regular income when it comes to taxes owed.

DaveSauce
Feb 15, 2004

Oh, how awkward.

Guy Axlerod posted:

Yeah, their taxable wages were probably increased by $50 and then there is a $50 "deduction" for the value of the gift card. It's a dumb way to show it but probably the only way it works in their dumb payroll system.

This is what happened. These gift cards are taxable income, so payroll needs to account for it somehow since it's not through their software. They put $50 extra of income somewhere on your pay stub so it gets taxed, but then they'll reduce that from your actual paycheck.

pseudanonymous posted:

Factually incorrect. A bonus is taxed as supplemental income at 22% fit.

Factually incorrect.

WITHHELD at 22% (or 25%? whatever the bonus rate is, there's a number somewhere). Or I think they can use some other method if payroll is feeling saucy (but they won't because it takes more work, though I think it's more accurate).

TAXED just like any other income.

Motronic
Nov 6, 2009

pseudanonymous posted:

Factually incorrect. A bonus is taxed as supplemental income at 22% fit.

This is WRONG.

You don't know the difference between withholding and actual tax burden.

Guy Axlerod
Dec 29, 2008
I bet they turn down raises cuz they would be taxed more and end up with less pay!

Harold Fjord
Jan 3, 2004

Hieronymous Alloy posted:

She wants to talk to an elder law attorney. The goal should be to get all the assets given away or handed off or walled off so that Medicare and Medicaid can bear the end of life care costs without destroying her principal.

This. An important thing is to not try to give money away at all until you talk to the attorney.

null_pointer
Nov 9, 2004

Center in, pull back. Stop. Track 45 right. Stop. Center and stop.

Harold, you've gotta be waaaaaay better at giving context in private messages. Subject: Your Mom, Body: What state? was a little cryptic ;)

Anyway, she's in Connecticut. The closest elder law office appears to be the one in Glastonbury.

As for not giving away money, she's planning on giving my sister her share of the inheritance, immediately. Should I pick up the phone, right now and tell her to halt? If so, what's the reasoning?

By the way, thank you for all of the advice, lawgoons. My first non-hypothetical post and I'm feeling good about what you guys are saying.

BonerGhost
Mar 9, 2007

null_pointer posted:

Harold, you've gotta be waaaaaay better at giving context in private messages. Subject: Your Mom, Body: What state? was a little cryptic ;)

Anyway, she's in Connecticut. The closest elder law office appears to be the one in Glastonbury.

As for not giving away money, she's planning on giving my sister her share of the inheritance, immediately. Should I pick up the phone, right now and tell her to halt? If so, what's the reasoning?

By the way, thank you for all of the advice, lawgoons. My first non-hypothetical post and I'm feeling good about what you guys are saying.

Medicaid can claw back assets over (I believe) the previous 5 years from when someone died or went into care (I don't remember and I'm not a lawyer). They're not protected just because she gave them away, that's why she really needs to do some estate planning with an actual lawyer.

If my mom were doing this I would pick up the phone and tell her not to (and why), but it's obviously not legal advice.

Nonexistence
Jan 6, 2014
Also google "day of death step up in basis" if any portion of that inheritance is securities

MadDogMike
Apr 9, 2008

Cute but fanged

pseudanonymous posted:

Factually incorrect. A bonus is taxed as supplemental income at 22% fit.

Tell you what, if you don’t believe me and the rest of the folks here, feel free to ask in the US tax thread where I and several other people who do taxes for a living are ;). As mentioned, secondary income is generally withheld at a higher than standard rate under the rules to ensure enough is withheld, but it’s taxed at the regular ordinary income rate in the actual return. Withholding in general does not always match the tax needed (much to the annoyance of myself and my clients occasionally).

pseudanonymous
Aug 30, 2008

When you make the second entry and the debits and credits balance, and you blow them to hell.

MadDogMike posted:

Tell you what, if you don’t believe me and the rest of the folks here, feel free to ask in the US tax thread where I and several other people who do taxes for a living are ;). As mentioned, secondary income is generally withheld at a higher than standard rate under the rules to ensure enough is withheld, but it’s taxed at the regular ordinary income rate in the actual return. Withholding in general does not always match the tax needed (much to the annoyance of myself and my clients occasionally).

What I meant by fit was federal it withholding. I did use the wrong terminology. But that’s how i think of it when I’m reviewing payroll.

MadDogMike
Apr 9, 2008

Cute but fanged

pseudanonymous posted:

What I meant by fit was federal it withholding. I did use the wrong terminology. But that’s how i think of it when I’m reviewing payroll.

Ah, that does make sense if you’re used to thinking in payroll terms, you certainly are required to withhold at that higher rate by law.

smackfu
Jun 7, 2004

A lot of probate work on the executor side of things seems more like accounting / CPA work rather than legal drafting or court stuff. If a law firm is hired to handle that for an estate, do they farm that work out or do they pay a paralegal to fill out tax forms at $200 an hour?

euphronius
Feb 18, 2009

smackfu posted:

A lot of probate work on the executor side of things seems more like accounting / CPA work rather than legal drafting or court stuff. If a law firm is hired to handle that for an estate, do they farm that work out or do they pay a paralegal to fill out tax forms at $200 an hour?

Paralegals probably dont bill directly on estates. Maybe they do IDK. An attorney is overseeing them anyway.

The estate is paying the bills so what are you worried about

Proust Malone
Apr 4, 2008

My dog probably bit another dog at the dog park. My wife was there not me. She didn’t see it, the other owners didn’t see it either until a week later and it turned into an abscess. They approached me at the dog park the other day with a bill and asked me split it.

Is there some boilerplate somewhere that I can have them sign that states if I give them money I’m not admitting guilt or assuming any further liability? Takethismoneyandgoaeay.docx?

euphronius
Feb 18, 2009

you are asking for a legal opinion

If you are really worried, hire a lawyer.

Proust Malone
Apr 4, 2008

euphronius posted:

you are asking for a legal opinion

If you are really worried, hire a lawyer.

I guess? Is there a way to phrase that question not as “should I give them money” but “if I give them money do I open myself up to further claims later”

Outrail
Jan 4, 2009

www.sapphicrobotica.com
:roboluv: :love: :roboluv:
If nobody saw it how does anyone know it was your dog? Or why even think it was a dog bite? Could have been a puncture from a stick or something?

Does your wife have a history or biting other people's dogs? This goes deeper than you think.

Proust Malone
Apr 4, 2008

Outrail posted:

If nobody saw it how does anyone know it was your dog? Or why even think it was a dog bite? Could have been a puncture from a stick or something?

Does your wife have a history or biting other people's dogs? This goes deeper than you think.

He’s snapped at other dogs before, but I’ve never seen a bite. Like I said, I wasn’t there. Wife couldn’t confirm it either.

Bigger to me is that I live in a small town and I’d rather spend money to do the right thing rather than make noise and enemies.

eke out
Feb 24, 2013



Proust Malone posted:

I guess? Is there a way to phrase that question not as “should I give them money” but “if I give them money do I open myself up to further claims later”

there is no way anyone here can tell you how to limit your future liability via a settlement without giving legal advice that no one is going to give you

there are not generic forms that simply do this that anyone can ethically recommend -- although i'm sure you can find things that purport to solve this problem online, it's generally a very very bad idea to get some generic waiver and release and pray that it is valid in your state

Proust Malone
Apr 4, 2008

That’s a shame. The amounts are hundreds of dollars not thousands and it doesn’t seem worth paying for a lawyer here.

quote:

there are not generic forms that simply do this that anyone can ethically recommend

Thanks for this. I thought there might be. Dog bite seems like it would be a well trod path in the law.

Nonexistence
Jan 6, 2014

smackfu posted:

A lot of probate work on the executor side of things seems more like accounting / CPA work rather than legal drafting or court stuff. If a law firm is hired to handle that for an estate, do they farm that work out or do they pay a paralegal to fill out tax forms at $200 an hour?

We do whichever is cheaper, which normally shakes out to doing it in house for rote filings over one or a few years and farming out more complex stuff or if nothing/crap was filed by the trustee/executor for years before they approach us, or if we're in/anticipating litigation and want to use them as an expert.

eke out
Feb 24, 2013



Proust Malone posted:

Thanks for this. I thought there might be. Dog bite seems like it would be a well trod path in the law.

To be clear, I have no doubt that your local personal injury attorney has what's effectively a generic form, it is absolutely a well-trod path in the law, just not one you can become completely familiar with via googling.

If you have the money, sit down for a consult with one and spend the (if things are as you say they are) relatively small amount of money to actually have the peace of mind that you will not be forced to spend much more a year or two from now.

eke out fucked around with this message at 19:23 on Feb 21, 2021

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Arcturas
Mar 30, 2011

While I agree with what everyone says, what you might want to consider is a basic settlement agreement where they agree to waive any and all claims against you (known or unknown) related to the alleged dog bite, stating that you don't admit any facts or any liability, and that you agree to pay them $X. The problem you face is that whether it's a good idea to enter into such a settlement agreement and how to draft one (and actually drafting one) and how to draft an effective one for your state are classic legal questions that require an attorney.

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