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Harold Fjord
Jan 3, 2004
Internet says 1 year in Louisiana from the time of the offense, which is where you want to sue because that's where the defendant is. You can always sue the defendant in their home state because that state always has jurisdiction over them. Since you are there anyway it works out.

You'll want to sue them in state court, I don't know how it works in your state as far as districts and what not talk to a real lawyer.

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Harold Fjord
Jan 3, 2004
A few months ago I went off the edge of a driveway I was turning around in a little bit and dragged a rock out under my car. It did some damage to the plastic guard. I found out recently it also damaged the core support. I was wondering if there was any way the city or property owner might be liable for this. While it was my error, the rocks obviously constitute a hazard.

The city owns the treelawn, but holds the property owner responsible for it's care.

Harold Fjord
Jan 3, 2004
Tax question, can a city I lived in make me provide tax info for years I did not live there?

They are subpoenaing me for records from when I was in school, and I would argue that those years I lived in that city since I had an apartment and only came home on holidays, not for breaks, so I would be a nonresident during those years. They have no requirements for nonresidents.

Harold Fjord
Jan 3, 2004
Hey guys. My roommates a social worker who is ridiculously overworked and is leaving her job for a new less stressful and lovely one. But her job keeps giving her clients and she seems to be under the impression she has to do some set amount of work and paperwork for them plus all her existing clients or she's somehow going to lose her license. She's already been working 10 hour days to keep up with the job. How far do such licenses and the obligations you take go? There has to be a reasonable limit that isn't getting 8 weeks of work done in three.

Harold Fjord
Jan 3, 2004
Ohio. Today after my accident, for which I was absolutely not at fault, i went to my car at the lot to retrieve my possessions from my vehicle only to find that they dumped gravel and oil all over the back seat of my car, destroying everything back there, including my $240 of Dominion cards. They gave me absolutely no warning that this was a possibility.

I called both insurance companies, mine and State farm (who has been great throughout this process), and they said I have to go after the towing company directly. I am currently composing a very polite email asking them to replace the items, with a handy amazon link.

How hard is it to do small claims? I imagine it's straightforward. Should I just not bother? I'm mostly furious that these utter fuckers ruined my poo poo and then tried to give me a personally responsibility lecture when I approached them about dumping oil all over my poo poo without warning after I had just been in an accident.

Harold Fjord
Jan 3, 2004

NancyPants posted:

Do you have homeowner's or renter's insurance? That typically covers your possessions when they're in your vehicle.

Nope.

Harold Fjord
Jan 3, 2004

Jastiger posted:

Renters insurance WOULD cover this, but I'm hesitant to file a claim over less than $1000 worth of property. You can definitely ask nicely like you are, and then threaten to lawyer up. Did you take pictures of what happened? Is it obvious they were just careless and dumped stuff everywhere?

Apparently once they saw what happened they cleaned it up and tried to salvage my stuff, and the 'wrecker' who towed my car and actually did get into some poo poo. I got a call a bit ago. I'm still gonna have to sort out how extensive the damage is. Part of the problem is any really obvious damage to one side of a card kind of ruins that card. But I'll try to be fair about what really needs replaced vs what I can substitute.

Harold Fjord
Jan 3, 2004
Is there any reason I can't start two political organizations that have opposite goals?

Harold Fjord
Jan 3, 2004
My wife earned college credits through her employer last year. This year she had them sent to her school, then a few weeks later she quit, with a full month notice, after being retaliated against for reporting discriminatory behavior. She went to her supervisor's supervisor to report her supervisor, and was written up for "going out of the chain of command". Now the credit's aren't showing up on her account. We are pretty sure the higher up in question canceled them, as he was involved in the retaliatory write-up as well as responsible for initially sending the credits to the school. These credits have been available for her use all year (she could and should have already used them fall '17) and there's nothing that says they are contingent on employment.

She has legal recourse right? We are pretty sure if she contacts a partner it'll get sorted, because the company is being sued by EVERYBODY right now, but I want to make sure there's grounds or whatever.

Thanks!

Harold Fjord fucked around with this message at 19:59 on Apr 18, 2018

Harold Fjord
Jan 3, 2004
Yes US.

She applied for them from her employer at the beginning of the school year and was "awarded" them at that time on the basis of her work the previous year, told she could use them at any time.These are credits the school gave her employer in exchange for internships. There's nothing anywhere that says they are contingent on continued employment and they can't be given to anyone else by the employer.

I guess legally the question is what kind of property interest she has in this award that they just stole from her?

Harold Fjord fucked around with this message at 13:25 on Apr 19, 2018

Harold Fjord
Jan 3, 2004

Hot Dog Day #91 posted:

They probably were contingent on continued employment. Is there an employee handbook or documents associated with the awards?

We have the application for the credits and the email informing her they had been awarded, neither mention such contingency. We also have the employment handbook which doesn't speak to it at all.

Vargatron posted:

At the last company I was at, tuition reimbursement was contingent on completing the course with a C or higher and you didn't get the money back until after.

I've seen similar. There's nothing like this here.

Harold Fjord
Jan 3, 2004

Hot Dog Day #91 posted:

What is the total value of the credits?

I suspect it will be hard to show a vested property interest in the credits, but I'll let an employment benefits attorney, if we have any, opine on that.

About $5,500.

FWIW I know the person who was supervisor at the Agency who did the actual awarding, she's no longer with that Agency but was able to clarify what she meant by some confusing language on the paperwork. Thanks for helping me narrow this issue. :)

Harold Fjord fucked around with this message at 15:03 on Apr 19, 2018

Harold Fjord
Jan 3, 2004

EwokEntourage posted:

Have you talked to the school? It seems odd that an employer would be able to unilaterally cancel them after informing the school to award them. School might also do it just to avoid ending up as part of any legal proceedings relating to retaliation

School confirmed that there is no policy requiring her to be a current employee to use the credits and that the supervisor involved was the person to "update the list" of credits to input. I'm not sure how we could get the school to insert themselves, it seems unlikely.

Harold Fjord
Jan 3, 2004

blarzgh posted:

You talk about "credits" like they're physical coins that you can hand-deliver to the school, and the company took them away from you(your wife). Do you mean "Class Credits" as in "hours completed" or like, "if your tuition bill was $10,000, you're tuition balance is now reduced by $5,500."

I don't think it matters whether they physically exist anymore than the money in your bank account, but yes, they are each an imaginary token that can be given to the school to pay the cost of a credit hour.

blarzgh posted:

I also expect that eventually someone in the chain of command will say, "Our agreement is with the employer, that they'll provide our students with internships, so you'll have to go ask them." If this is a school program, I'd reply that "this is an agreement between you, me, and the employer - the fact that they're trying to stiff you(the school) is your problem, not mine."

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.

quote:

If this is all between you and your employer, i.e. they're gonna give you $5,500 as part of your compensation, but pay it directly to the school like a 401K or something, then its essentially the same as them stiffing you on your last paycheck, and you should probably file with your State's employment commission as if thats what happened.
As far as I can tell this is where we are.

Harold Fjord
Jan 3, 2004

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.

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?

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.

Harold Fjord
Jan 3, 2004
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

Harold Fjord
Jan 3, 2004

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.

Harold Fjord
Jan 3, 2004
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!

Harold Fjord
Jan 3, 2004
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?

Harold Fjord
Jan 3, 2004
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

Harold Fjord
Jan 3, 2004
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

Harold Fjord
Jan 3, 2004
Tell me about disclosures when buying my house. My new house basement has a few major spots where water comes in, in one spot after a few days of rain it started coming in as fast as the rain poured. The disclosure states that "There had been minimal flooding. It was sealed and has not reoccurred." Turns out they did it themselves with some paint on poo poo. It's clear that the main source of the flooding is not something that can just be painted over, because it's an old coal room and seriously degraded in spots. I feel like they were dishonest. Clearly nothing was sealed if poo poo is coming in on three sides. How are my chances if I take them to court about this? I don't have an estimate on getting this done right yet.

Harold Fjord
Jan 3, 2004

euphronius posted:

Lawyer

Now

Looking for anyone open xD

Thanatosian posted:

What did your inspector say?

Just that it needs graded. Which will help in some parts. And which I'm imagining they knew. I'm gonna find the basement company that gave those fuckers an estimate.

I went back down and started looking at what was "sealed". I'm pretty sure they slapped sealant directly onto dirty concrete.

google: how to seal concrete posted:

Prep the Surface
First, thoroughly sweep the surface of all dirt and debris.

Harold Fjord
Jan 3, 2004

Hot Dog Day #91 posted:

Nevvy z, the lawyer, back with more insane questions about his life.

Not a lawyer! Just been to law school and work in the field! I find the idea of self representing in small claims pretty titillating though, i should probably take the bar.

I think the hard part of this is gonna be establishing damages.

Harold Fjord
Jan 3, 2004
I actually have another unrelated legal question. My wife's landlady went into her apartment early, she's paid for the month and her lease is up the 27th, and her employees took a bunch of my wife's poo poo and cleaned which she was planning to do. A laptop, an xbox 360 which was fine but the landlady is now describing as broken, and cleaning supplies. The landlady is trying to get it back to her, but my wife is furious. They also rented out her apartment for a week next week, presumably for more than the amount they intend to reimburse my wife for the rent she paid.

Does she have any recourse for this bullshit if she does get the stuff back? Is she entitled to the full money they receive from the week's tenant? I feel like she is. Can they take the cleaning they did out of her security deposit? We don't know if they'll try but they weren't gonna have to.

Devor posted:

I think the hard part is going to be proving the owners knew about the latent defect

They did a super half assed job covering it up. They disclosed it as though they had had the problem correctly fixed. They definitely knew about it.

Harold Fjord
Jan 3, 2004
The attorney said that the law says the inspector should have looked closer. Basically.

Harold Fjord
Jan 3, 2004

homullus posted:

The cheapest path by far is to get a fantastic LSAT score and go to a low-ranking accredited school with a part-time program.

Edit: the LSAT is for scholarship money

This school will have a harder curve than better schools and a 3.2 gpa requirement to keep your scholarship. Statistically some of those in the top of your class will not have a scholarship.

Harold Fjord
Jan 3, 2004
This company I'm looking at giftcards for family from wants me to click-agree that they expire in 180 days in violation of federal law. Who do I report this to?

Harold Fjord
Jan 3, 2004
I've been under the impression that hard queries do require a very specific disclosure. But you can dispute it apparently, I found this: https://blog.credit.com/2018/10/someone-pulled-my-credit-without-my-approval-can-i-dispute-it-157288/ you may have an easier time making the case to the reporting agencies. :shrug:

Harold Fjord
Jan 3, 2004
Can I sue the NC election cheater for the money i lost on predictit for 435+ dems in the house?

Harold Fjord
Jan 3, 2004

seiferguy posted:

A friend of mine just got an email from a former apartment complex she lived in stating that after an audit, they found out she didnt pay her "exit fees" totaling $490. She moved out 3 years ago. This obviously feels like bullshit but the amount is small enough that you wouldn't really want to hire a lawyer unless it's a small amount. What's a good course of action? I feel like this has passed a statue of limitations of some sort.

Your local laws may vary and I definitely ANAL but I imagine they were required to deal with this when sorting out her security deposit and can gently caress all the way off.

Harold Fjord
Jan 3, 2004

nm posted:

Lawyers, drugs, and money.

And half the distance to student loan forgiveness. :toot:

Harold Fjord
Jan 3, 2004
Just call the cops. It's not on the company to stop him from driving he can get an uber drunk.

Harold Fjord
Jan 3, 2004

Kimsemus posted:

Shoutout to VanSandman for his blessed quote of the OP for posterity forever.

I have so much not legal advice to give, most of which is "stop doing that!"

Harold Fjord
Jan 3, 2004

Phil Moscowitz posted:

SV is obvious but I can’t tell who he’s actually hooked

He got me. I got real mad that he deleted it like "this dumbass..." then I checked the post history because it was too funny to be real.

Harold Fjord
Jan 3, 2004
From what you're saying if you sign this contract with no clause you are setting yourself up to get sued so maybe don't do that

Harold Fjord
Jan 3, 2004
This is a massive local variance thing I'm pretty sure.

Harold Fjord
Jan 3, 2004

Dolphin posted:

I'm in Ohio and I have a tenant (I'm managing this property on behalf of my grandfather) subletting to someone with a pseudonym (Let's call him Texas). Subletting is a violation of the lease and I want to evict everyone but I'm told I need to serve a 3 day notice addressed to all the tenants. Problem is Texas won't tell anyone his real name so I don't have any name to serve. Can I just write "all inhabitants" or will that not hold up? How do I remedy this issue?

IANAL but just evict the guy on the lease. I don't think Ohio has super strong squatter's rights. Other guy has no real claim, he got snookered and can sue his 'landlord'

Harold Fjord
Jan 3, 2004
Call practice who takes our insurance. Schedule wife with doctor they suggest. Doctor orders MRI. Imaging place checks our insurance before scheduling, it's only $140 out of pocket which we pay at the time. Find out the doctor they scheduled her with is out of network and we are on the hook for 500 for the visit with him and $1,200 for the MRI.

don't even know where to begin with how stupid this is. Can I sue somebody?

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Harold Fjord
Jan 3, 2004

euphronius posted:

There (and in other civil hearing that may involve lay fact finders) it has been my experience that they have been reasonably good at parsing credibility .

It's the hardest part of the job. Especially when you are forced to do it by phone conference.

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