(FL) I was out of work for three days and brought in a doctors note. Boss is demanding to have the description of my illness in doctor's note. Do I have the right to privacy?
The legitimate doctor's note simply said that I was too sick to work for 3 days (I was). My employer is saying that I have to take the note back and have the doctor specify the illness. He asked me what was wrong and I didn't answer the question, just said that I'm feeling much better and ready to get back to work. Do I have the right to medical confidentiality? I really don't want my asshole boss knowing my medical conditions.
Go above your boss's head. They don't need to know what your illness was, just that a doctor verified you were sick.
They can't ask for specific diagnostic information. You should contact HR about this if your boss keeps pushing, but he cannot demand to know what you were diagnosed with
Do you have an HR department? Pay them a visit.
As a doctor who writes these notes all the time, he can fuck right off. Even FMLA paperwork is handled by a third party in order to maintain privacy.
[Missouri] - Plaintiff not responding to a request to file satisfaction of judgment.
I was sued 4 years ago in small claims court in Kansas City without being properly served (IMO) and ended up with a default judgment against me. I counter-sued a couple months later, after I found out about the original suit and we settled for eliminating the debt and they had to pay me a decent amount of money.
Fast forward to two months ago and I looked up my old case, they never said that the debt was satisfied. Our agreement in the countersuit was that the previous debt from that default judgment was gone. I've contacted their attorney a couple of times with CMRRR letters but have heard nothing back.
From the research I've done, I need to file a motion to compel a satisfaction of judgment in the original case I think? Is that right or how would I go about doing that?
Thank you for your time LA
You're probably going to need to file it yourself, and I would suggest doing so if they were not responsive. Probably take a shorter amount of time anyway.
If a promotion is on the line, hire a lawyer. Sure it's pricier than trying to DIY it, but it'll be a lot cheaper in the long run than getting it wrong.
Reason I ask is because I'm up for a promotion in the next couple of months and they do a thorough background check that wasn't done when I first started here.
If it is brought up, have a folder with all the pertinent information all ready - showing that there is no debt and the other party has not fulfilled their legal obligations. If you loose the promotion because of this, then you have been damaged and can sue.
Taking the proactive approach and actively pushing for the resolution should also be taken in your favor.
Update: (New York). My mom had me lie to the police 3 years ago about my step father. He went to prison. How can I make it right?
So my mom had manipulated me into lying that my step father had assaulted me. She also lied to the police and my step father has been in prison for three years.
This is just a short update. On the advice of many of you here I talked to a lawyer. After going through everything she told me that it's almost impossible to get guaranteed immunity before I confess. But the chances of me facing consequences for my false statements is about 25%. I decided to do the right thing and face the potential consequences. It was better than having something on my conscience.
I don't want to get into details. But I talked to my step father's lawyer and the police. My stepfather will get a retrial and he is out on bail now. No charges are filed against me but my mom is being charged. She is also out on bail until her court date. She has disowned me. It's sad but I did the right thing. My brother now lives with our grandparents.
For those interested, discussion of this update is ongoing in this bestoflegaladvice thread.
[LA] scumbag ex landlord paying settlement check in multiple 90 lb boxes filled with pennies
To make a long story somewhat short, my parents moved out of the house we were renting for 10 years last year because the landlord that inherited the apartment was very negligent and refused to tend to problems with our house (rat infestations, mold, etc). He then withheld our security deposit. My parents won a lawsuit a few months ago to get the ~2k security deposit back. We thought he was being petty af when we realized he was slowly paying it back in checks at $50 a week until we received a suspicious package 2 days ago from him weighing 87 pounds. We felt super uneasy about this package bc we had no clue what it could've been and considering recent events, we didn't feel safe cracking open the box. We called the cops and when they opened the box, they found...
87 pounds worth of pennies +/- trash from the coin rolls that he personally took the pennies OUT OF
Since then, we've received yet another 80 lb package and we are probably seeing about another 10 or so of these boxes since each of them contain around $150 and he owes us about 2k.
We literally. don't. know. what to do with these boxes.
Another cop came by today and basically told us that there isn't anything we can do because it's still monetary payment, yaddayadda yadda some bs and also that we can't get an RO because then he won't be able to send us anything - including checks. We also talked to the poor ups guy who has to carry these up two flights of stairs everytime and he suggested we don't refuse the packages bc if they get sent back to the sender and the sender also refuses, then we would be responsible for shipping costs....which we think is actually about $200 each box to ship??? who does this?
Any way, we really don't know what to do - this guy is definitely milking a loop hole. We have a court hearing coming up in two weeks with the landlord and we're guessing that he's slowly sending these boxes, one a day, until he pays in full so he's no longer liable.
But we can't TAKE THIS SHIT.
Is there some angle we can play? Maybe something like if we cashed it in at the bank the fee to process all the loose change would deduct from his payments so wouldn't have technically paid in full ?
Should we leave the boxes unopened so that we can tell the judge that we couldn't verify the payment amount because we didn't feel safe opening these packages?
Lots of people are focusing on how the ex-landlord is paying in pennies. When you go in front of the judge, focus on how you are being paid in installments. Unless your ex-landlord was given a court approved installment plan, you should be paid all at once rather than over time. Do be sure to mention the pennies though, it may annoy the judge enough for him to order the ex-landlord make remaining payment only via bank check or some such.
You're already ahead of the game here, in the sense that you already have a hearing scheduled.
Take photos of the boxes. Do not deposit them yet.
At your hearing explain the situation to the judge and why this is causing you difficulties (although the judge will already have an inkling)
Let the judge decide what to do.
Enjoy the show.
If other solutions fail, I have some possible practical advice: try posting to /sub/crh (Coin Roll Hunters). They go through boxes like yours for fun. You might get lucky and someone would buy them off you. Or at the very least hopefully find someone who knows which banks near you have the counting machines that don't charge a percentage.
tell your landlord he shorted you and needs to be recounted.
[GA] Non-US citizen arrested for "Possession of a Schedule IV Controlled Substance"
Friend's mom is in a ridiculous situation right now. Short bullet point story from what friend told me:
Friend's mom is from Honduras and does not speak English. She has uterus cancer and traveled to the US on a visitor visa to receive special treatment from a hospital in Georgia.
Needless to say, the cancer and chemo cause her intense anxiety. As a result, her doctor in Honduras prescribed her "clonazepam" to help with the panic attacks.
On September 4th, she gets pulled over by a police officer because according to the official police report, she was "failing to maintain lane."
Officer sees the container of clonazepam, and arrests her for "Possession of a Schedule IV Controlled Substance" because she was not carrying her prescription with her at the time.
She has been in jail for 11 days now. Has tried to contact daughter (my friend), and was only able to reach her once. No further contact can be made.
To make matters worse, her visa expired while she was in jail and it seems ICE has been contacted.
Things escalated to an insane level for not carrying her prescription. I wonder what would have happened if this incident occurred with another American visiting from out of state? Would a police officer slap you with a felony arrest for not walking around with your prescription?
At this point, I am really at a loss at what to do. She needs a lawyer, but the fact that neither my friend nor her mom speak English would make communication complicated. They have exhausted a significant amount of their savings just getting her over there for treatment, so ideally, she'd be looking for someone to help pro bono.
I'm feeling pretty awful right now as I really want to help her family out but have no idea where to even start. Any advice I could forward to my friend would be greatly appreciated.
If you require more details regarding her circumstances, I most likely can't provide any as what I know comes directly from the one time my friend was able to receive that call from her mom.
Would a police officer slap you with a felony arrest for not walking around with your prescription?
It's possible. She would have to show the officer that she had a valid prescription. If she can get a copy of it from her doctor or pharmacist that would probably be enough to get her out of jail.
If she can show she had a prescription it would do a lot to get ICE to back off. Right now she looks like a drug trafficker, which is fairly high on their deportation priority.
She needs a lawyer, but the fact that neither my friend nor her mom speak English would make communication complicated.
Lots of lawyers in Georgia speak Spanish.
Probably, the bottles have your name, the name of the prescribing doctor, the date it was filled and instructions on use. Having it outside of that bottle is going to look suspicious.
I wonder what would have happened if this incident occurred with another American visiting from out of state? Would a police officer slap you with a felony arrest for not walking around with your prescription?
Yes. People get slapped for felony possession for having their pills in a bottle other than the official bottle from the pharmacist with their name and address on it all the freakin' time. Putting multiple different prescriptions in one bottle to carry it easier is another way people end up getting arrested.
It also depends on where she filled the prescription. OP said the doctor in Honduras wrote the scrip. I'm having a hard time imagining any American pharmacy filling a controlled substance scrip from outside the country, but I could be wrong (edit: see norathar's comment below). If she got the scrip filled in Honduras, the medication and labeling may not be compliant with American laws. If not, it wouldn't be legal, even if it were a valid scrip legally filled in Honduras.
Murder Caught on Surveilance Cameras, Who owns the footage.
Our Home surveilance system captured a murder. We cooperated and turned over the video footage to police. Now the footage/case is being considered for a True Crime TV Show One of those things like Forensic Files or the The first 48. At the time or the Murder, I signed a search warrant, allowing police to view and take a copy of the video. I permitted 2 hours of video to be copied from each of the 3 front cameras. I downloaded the footage to their flashdrives myself.
Our home is visible in the footage, its a unique and well known home. If the footage is released it will confirm we are infact the witnesses. We have already recieved threats but they were generalized as they do not actually know which home is ours or who we are . ( Killers drove through our street firing a gun every week for a month straight, posted threats to facebook,) Our entire family is present in the video.
Do we own the footage? Can we refuse to allow the footage to be used for anything outside of Justice System? Do I need to sue to prevent the Police from releasing the footage?
Even after the police finally make a arrest. I do not want the video released. Neither does the victims mother. My entire family witnessed this murder. I did CPR for 6 minutes, I tried to save him. We cooperated with police . We have been traumatized enough, having the entire nation see it on TV.... I dont think we could handle it.
The case is based in a metro area tha crosses state lines. So the State of Kansas and Missouri.
Not allowing anyone to see it is going to be almost impossible. The Defendants' attorneys will need to see it, as will the defendants and the experts for the case. As for the TV show, you would need to hire an attorney to file for a restraining order and injunction against release. That is an uphill battle and will likely be opposed by not just the TV show and possibly law enforcement, but maybe even news agencies. That can be a very expensive matter to handle. I suspect that you might succeed in redacting part of the video that identifies the home, but I don't know if that is even possible. You would need to look for a media attorney.
A video showing a guy getting murdered is not going to be exculpatory for the perpetrator in the video.
I doubt a prosecutor would risk a murder trial by not entering the video. You only get one shot at a trial, and you can't go back and do it again if he's found not guilty due to lack of evidence.
Definitely hire a media attorney. You should own the copyright to the video and reproducing it in a TV show should require a license, even if using it in court has already been allowed.
Edit: I say media (or entertainment) attorney as opposed to an IP attorney because IP attorneys are usually focused on patent. You want a lawyer who has good relationships and/or experience with TV companies.
There are definitely arguments that your video can't be copyrighted and what they are doing is a fair use anyway. Your attorney can help you push back. You will not likely be able to convince them not to air the footage, but you should be able to convince them to buy a license with terms that restrict what can be shown (i.e. not your face or likeness, not a recognizable shot of your house). If you make what your selling a more favorable purchase than attorney's fees for them, you shouldn't have an issue getting most of what you want.
Side question: is the driving through the neighborhood to fire a weapon off once a week & the threats posted to fb considered "witness intimidation" or "witness tampering"?
Is this pregnancy discrimination? I want to work but my employer is making it difficult if not impossible.
I am currently 37 weeks pregnant. I work a job as a massage therapist in Minnesota. This job is very physical but this baby has been very kind to me and I can work every shift - all I’ve needed is 15 additional minutes between each massage so that I have time to use the restroom and whatnot. I have had to take one - one - pregnancy related day off over the past 9 months.
After I announced by pregnancy at 3 months, my boss came to me and started asking me when I was planning on taking time off. I told her that I was planning on working up until delivery (which I am). I then gave her the five week window in which I would be considered full-term. She came back to me a couple months ago and told me she had taken me off the schedule from September 10th on. For reference, my due date is September 29th and since I’m a first time mother I probably won’t go into labor until the following week.
It took me those two months to convince her to put me back on the schedule for patients requesting me at least. However, this means as opposed to three or more patients a shift I might have one or none. This is because, for the past few months, she’s been telling all of my patients that I will not be on the schedule for September. As far as they are all concerned I won’t be back until December. (More on that in a second.)
It is SOP for the receptionist to call us the day before to let us know when our appointments are. Before I started writing this post, I had one 90 minute appointment at 7:30. So that’s a potential of about $50 on a day I’d usually be making closer to $120. So I asked her if she could open up my schedule for tomorrow so that I could be booked with some same day bookings. She (the receptionist) doesn’t have the authority to do that so she called my boss. My boss responded by saying that would be “a pain in the ass.”
I texted my boss, as politely as I could, saying "Hey [boss]. I was just wondering if I would be able to get same day bookings for tomorrow. Right now I only have one appointment at 7:30. Thanks!"
She responded an hour later as I was typing this up saying "I opened you up for Mon/Tues this week. I can do that weekly." Which 1) requires me to ask weekly and 2) still prevents people from booking me online or by phone for next week.
She has, at this point, cut my pay by 50% by making the decision to take me off the schedule without my consent. Possibly more. I only get paid for the massages I do, so if nothing is on my schedule for a day I get $0.
Yesterday I go to work and she, the boss, pops her head into the break room and drops another doozy on me: she has not and will not put me on the schedule for the entirety of December. I’m only planning on taking 6 weeks of maternity leave (which is all we could budget for and may not be able to afford if I can’t make September work). She wants to wait to have that conversation until “after the baby.” Except I already told her that I am only taking 6 weeks. The max they let you go overdue in pregnancy these days is two weeks. So the latest I would return to work is December 1st. I might even be able to return halfway through November.
I’ve done a little research myself but I am not familiar with discrimination law. What I’ve found is the following:
Pregnancy discrimination in the workplace occurs when an employer discriminates on the basis of pregnancy, childbirth or related conditions. Pregnancy discrimination may include denial of time off or reasonable accommodations for pregnant employees, firing or demoting a pregnant employee, forced time off or restrictions on work, and any other negative employment action taken because of an employee’s pregnancy or related medical condition.
Can my employer prevent me from working while I’m pregnant or require me to take a certain amount of leave?
An employer may not compel an employee to take leave because she is pregnant, as long she is able to perform her job. Such an action violates Title VII even if the employer believes it is acting in the employee’s best interest. Pregnant employees must be permitted to work as long as they are able to perform their jobs. If you have been absent from work as a result of a pregnancy-related condition and you recover, your employer may not require you to remain on leave until the baby’s birth. Also, an employer may not have a rule preventing you from returning to work for a predetermined length of time after childbirth.
Am I reading this right? Is this pregnancy discrimination? I can work. I’m willing to work. I want and need to work. I feel like she is limiting my capacity to work.
What do I do?
I am a part-time employee who has worked for them for four and a half years.
I am a former investigator for the U.S. Equal Employment Opportunity Commission, and I investigated cases involving pregnancy discrimination under the Pregnancy Discrimination Act (PDA). Your ability to work should only be determined by you and your healthcare provider. It is illegal for your employer to treat you differently from other similarly situated employees because you are pregnant. If you want to work and you are able to do the job, then your employer should treat you just as they would any other employee doing the same type of work in the same type of position. Visit the EEOC's website to see if you might like to file a charge of discrimination or speak to an investigator.
Family Medical Leave Act (FMLA) protects your job for 12 weeks while you take leave for qualifying events - and birth of a child is a qualifying event.
It's not unreasonable for your employer to arrange with you ahead of time for the weeks you want off, though. They may need to arrange for temporary assistance, and that may involve temp contracts or other supplemental help. For instance, it's not unreasonable to arrange with a pregnant worker, who plans on taking six weeks of leave, the start and end dates of their leave ahead of time. Obviously, nature may have different plans, but it's not unreasonable for an employer and pregnant employee to attempt to plan the timing of maternity leave.
It sounds as if you may be a contractor and not an employee. Do they withhold taxes? Do you get a W-2 or an 1099 at the end of the year?
I am a w-2 employee.
I've been in independent contractor positions before in which case you would be right.
But I get a w-2 and am an employee.
Update: Fired after baby died Oregon, US
Thank you to everyone for the encouragement and advice in my thread last year: https://www.reddit.com/sub/legaladvice/comments/4y3xgu/fired_after_baby_died_oregon_us/?st=j72hz3...
After completing depositions and discovery, we were able to settle. It was an extremely difficult process. A little advice: treat your work email like it is public record, because it is. Even though it was hard, I am really happy I went through with it. I am happy with the settlement and happy I got to make their lives difficult for a year. I am using part of my settlement to buy my daughter a small memorial in a public park. Also, one of my old boss's wife divorced him during all of this, and I heard from my old coworker that it was mostly because she could not believe he could be so heartless.
Discussion of this update is ongoing in this bestoflegaladvice thread: Pro-tip to employers: Maybe show some compassion once in a while.
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New York - I've been visited by CPS 8 times, to enquire about a child I don't have. At what point it becomes harassment or stalking?
There's a CPS agent that seems to be convinced that I have a child and I'm locking the child in my home. First time I was visited, I was very understanding. I allowed her to search my house without any restrictions. Everything seemed fine. Obviously no child and no evidence of one, because I don't have a child.
This was repeated 4 times in about 2 months by the same agent, until I stopped cooperating. I told her that from now on the only way I'm going to allow access to my property will be with a search warrant. A few weeks later, she came with a police officer, without a search warrant. The officer told me that it will be a lot easier if I allowed them to look at my house, I allowed the officer to do that by himself. Again, no child was found. His search was very thorough, looking for hidden basements or doors in walls or something like that.
Two more times she has visited me to talk about my child and these times I have refused to talk to her. Once, as I left home to go to work she was there to ask me questions. It definitely looked like she was waiting right outside my house to get a hold of me. I called the police but it went nowhere. I have called the CPS office in my area 4 times to file a complaint but they go nowhere. This last incident happened this last Thursday.
This woman has contacted my neighbors, my brother and sister, my coworkers and my employer already. Everyone has told her that I don't have a child.
This definitely seems like a personal obsession on the part of the agent. If this was a legitimate CPS operation with reasonable evidence for what they're claiming, I'm sure they could get warrants after all this time and even put me under surveillance I guess? But they've made no efforts to do anything as far as my complaints have gone. So maybe her superiors are in on it, or at least don't care at all.
This is really going too far and is affecting my life. I actually fear for my safety now. I will install security cameras this week and will call the police if I found her waiting around my house but they don't seem to care because she's with the CPS.
Do I have a legal recourse here? Like filing a restraining order against the CPS (or against her), or maybe informing some different authorities to press charges for stalking? This definitely seems like it, at least in the layman's definition of the term. Not sure how stalking is defined legally. What's the best way to stop her?
Location: Buffalo, NY
Start off by calling her supervisor and see if they will shut this down. I also hope you checked and made sure this person is actually CPS.
File an ombudsman complaint. http://ocfs.ny.gov/main/ombudsman/
You've asked the complaints to be directed to them, but have you personally spoken to them?
Find out who's in charge of that office and send a letter, certified mail, return receipt requested. Detail the complaints, dates, times, etc.
Demand that it stop and a response.
If it doesn't, talk to an attorney.
Yes she is really CPS. And I've filed complaints, is there a different process to call her supervisor? I've asked the complaints to be directed to whoever supervises this person. They either don't see them or don't care.
I left some volatile gummy bears on the desk now my co-worker wants to sue me
This is in Michigan. I am originally from Germany and very unsure how the law works in the United States so bear with me.
Last year I received a job offer to work as an assistant professor in the German language department at a large university in Michigan. I recently finished my PhD and was really excited to fill a research position (and possible post doc position) in the specific field I applied to.
Most of my time I give classes in German literature but additionally the university would like me to help students with writer's block so I joined an interdisciplinary workshop.
There are at least 4 people connected to this workshop and we get along fine most of the time. Sadly there is one elderly woman who made me out as a rival day one.
I do not know what provoked her but there is something about me that makes her mad. Cue the incident...I had an appointment with a student, gave him some tips and instructions and left my bowl with gummy bears on the desk.
Mind you, these gummy bears a sugar free and volatile, if you eat more than a handful you are in serious fart troubles and you will occupy the toilet bowl for the rest of your day.
But my co-worker ate the whole bowl, first she excused herself from any commitments and then she called in sick. The next day she confronted me and blamed me for the whole ordeal, that I deliberately placed those gummy bears and it was all a ploy to humiliate her.
According to her she has already informed HR and her lawyer and that I will be kicked out of the country in no time. The only thing I can blame myself on is that me and my colleagues giggled at her bowel distress signals.
Picture of the culprits: http://imgur.com/a/waKAd
LOL. This is a great story. You don't have anything to worry about. You're allowed to have sugar free gummy bears and it's not your fault she devoured the entire bowl full. Besides, she's not going to win a lawsuit because she had to shit a lot.
As someone who accidentally consumed too many sugar free candies once, I feel her pain, but she has no case.
When I read "volitile" I was expecting these to be exploding gummy bears. I suppose they were, but not in the way I was imagining.
No, it's not your problem if your coworker pigged out on gummy bears that have sugar alcohol in them. Unless you explicitly told her they were fine to eat.
You’re fine; she’s completely full of shit.
I'd love to be around to see the side effects of eating sugarless gummy bears.