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rxlgwj
|
legaladvice_train
| 0.98 |
Aunt works at my doctors & “called the cops on me” Hello! Im having some family problems right now & my aunt works at the doctors that I go to as the receptionist. I stay with my grandparents & had gone to the doctors a few months ago & had told them I had gone for a different reason than what I was actually going for as to not worry them. My grandma had told my aunt & my aunt had looked at the computer & messaged me privately saying she knew I had gone for something else than what I had told my grandparents I was going for. I was super embarrassed & hadn’t wanted anyone to know, especially considering I didn’t even know what was going on. I went to a different building even & the nurse told me that she shouldn’t of even been able to see that. So fast forward to now and we have had a falling out. I recently went to the doctors & had wanted to ensure my records had a lock on them so she couldn’t see anything. I showed the doctors the texts & the doctor asked if they could tell higher ups & they had sent her home to investigate. My grandparents came home & asked me what I had done & she had called them to let them know she called the police on me for telling her job the information & for calling DSS (which I did not do). Is there anything she can do legally against me for this situation?
|
hrje04p
|
hrkghd3
| 1,641,500,596 | 1,641,515,112 | 15 | 32 |
Assuming you're in the US, your aunt has violated HIPAA and will be facing repercussions. You shouldn't be in any trouble, her calling the cops won't do anything because SHEs the one who violated a rule that is well known to anyone who works any position in healthcare. Not a lawyer, but I'm an EMT and Surg Tech, HIPAA is too well known and drilled into us all to be letting situations like this go under the radar. Aunt knew she was violating HIPAA
|
You did nothing illegal. In fact you did the exact right thing.
| 0 | 14,516 | 2.133333 |
rxlgwj
|
legaladvice_train
| 0.98 |
Aunt works at my doctors & “called the cops on me” Hello! Im having some family problems right now & my aunt works at the doctors that I go to as the receptionist. I stay with my grandparents & had gone to the doctors a few months ago & had told them I had gone for a different reason than what I was actually going for as to not worry them. My grandma had told my aunt & my aunt had looked at the computer & messaged me privately saying she knew I had gone for something else than what I had told my grandparents I was going for. I was super embarrassed & hadn’t wanted anyone to know, especially considering I didn’t even know what was going on. I went to a different building even & the nurse told me that she shouldn’t of even been able to see that. So fast forward to now and we have had a falling out. I recently went to the doctors & had wanted to ensure my records had a lock on them so she couldn’t see anything. I showed the doctors the texts & the doctor asked if they could tell higher ups & they had sent her home to investigate. My grandparents came home & asked me what I had done & she had called them to let them know she called the police on me for telling her job the information & for calling DSS (which I did not do). Is there anything she can do legally against me for this situation?
|
hrk7l4t
|
hrkghd3
| 1,641,511,571 | 1,641,515,112 | 14 | 32 |
I am not a lawyer. HIPAA applies to everyone who has access to private health information of other people in the course of their work. The medical facility and your doctor is extremely grateful that you approached them, rather than file an official complaint. This means that they are able to take corrective action and self-report the violation to the the appropriate agencies. The doctor's office likely won't face fines for self-reporting but may face a reprimand (unlikely). The corrective action that the medical facility is likely to take include: * increasing security of patient records so that only staff with a need to access can access. A clerical employee may need access for billing purposes. Receptionists often pull files for the appointments that are taking place that day, but that doesn't mean they get to look through the files (obsolete in clinics with electronic patient records). * Increase the training of staff concerning when accessing patient records is appropriate/inappropriate. * Disciplinary action against your aunt. Quite honestly, I don't see how she can remain employed at this facility. Her actions were so egregious that she has left no wiggle room for her employer (the text messages show this). It is highly unlikely that any of the clinical staff will want her working with their patients. She may find it difficult to find work in any field that requires employees keep confidential information confidential - so medical, legal, accounting, education, the list goes on. There is no action local police will take against you, you have not committed an offense. Your aunt may be posturing to try and save face or get you to withdraw your complaint. However, it is too late to withdraw your complaint - the clinical staff are aware of her actions and they will proceed with corrective action even if you withdraw. You have nothing to worry about from the police or healthcare authorities. Your aunt, in addition to losing her job and the ability to find another job, may face legal repercussions, probably a fine if she admits the offense (things will go much worse if she tries to deny wrongdoing, based on those texts).
|
You did nothing illegal. In fact you did the exact right thing.
| 0 | 3,541 | 2.285714 |
rxlgwj
|
legaladvice_train
| 0.98 |
Aunt works at my doctors & “called the cops on me” Hello! Im having some family problems right now & my aunt works at the doctors that I go to as the receptionist. I stay with my grandparents & had gone to the doctors a few months ago & had told them I had gone for a different reason than what I was actually going for as to not worry them. My grandma had told my aunt & my aunt had looked at the computer & messaged me privately saying she knew I had gone for something else than what I had told my grandparents I was going for. I was super embarrassed & hadn’t wanted anyone to know, especially considering I didn’t even know what was going on. I went to a different building even & the nurse told me that she shouldn’t of even been able to see that. So fast forward to now and we have had a falling out. I recently went to the doctors & had wanted to ensure my records had a lock on them so she couldn’t see anything. I showed the doctors the texts & the doctor asked if they could tell higher ups & they had sent her home to investigate. My grandparents came home & asked me what I had done & she had called them to let them know she called the police on me for telling her job the information & for calling DSS (which I did not do). Is there anything she can do legally against me for this situation?
|
hrj9qp4
|
hrkj8lj
| 1,641,499,021 | 1,641,516,218 | 21 | 31 |
Patient information is private. It's kept private at every facility you go too. Any sharing of patient information (even amongst staff) is illegal especially if you have no part in that particular patients care. Your aunt violated your rights as a patient. She is going to be in a whirl of legal issues especially if you pursue this to the fullest. Her employer can also push this far since they can also be held liable for this breech of information. You won't be In any hot water. You're the victim here.
|
You can’t face and legal repercussion for that. You did everything right. At the end of the day SHE violated your rights under the laws of HIPPA. I work as a receptionist in a dentist office, we have to have regular HIPPA courses and training. You technically can’t even say a patients name on their own voicemail or inclose too many details in letters mailed to the home because of the off chance of a non approved family member hearing about it. And if you do want information about yourself released to a specific family member you have to fill out a whole form.
| 0 | 17,197 | 1.47619 |
rxlgwj
|
legaladvice_train
| 0.98 |
Aunt works at my doctors & “called the cops on me” Hello! Im having some family problems right now & my aunt works at the doctors that I go to as the receptionist. I stay with my grandparents & had gone to the doctors a few months ago & had told them I had gone for a different reason than what I was actually going for as to not worry them. My grandma had told my aunt & my aunt had looked at the computer & messaged me privately saying she knew I had gone for something else than what I had told my grandparents I was going for. I was super embarrassed & hadn’t wanted anyone to know, especially considering I didn’t even know what was going on. I went to a different building even & the nurse told me that she shouldn’t of even been able to see that. So fast forward to now and we have had a falling out. I recently went to the doctors & had wanted to ensure my records had a lock on them so she couldn’t see anything. I showed the doctors the texts & the doctor asked if they could tell higher ups & they had sent her home to investigate. My grandparents came home & asked me what I had done & she had called them to let them know she called the police on me for telling her job the information & for calling DSS (which I did not do). Is there anything she can do legally against me for this situation?
|
hrkj8lj
|
hrjkokh
| 1,641,516,218 | 1,641,503,051 | 31 | 15 |
You can’t face and legal repercussion for that. You did everything right. At the end of the day SHE violated your rights under the laws of HIPPA. I work as a receptionist in a dentist office, we have to have regular HIPPA courses and training. You technically can’t even say a patients name on their own voicemail or inclose too many details in letters mailed to the home because of the off chance of a non approved family member hearing about it. And if you do want information about yourself released to a specific family member you have to fill out a whole form.
|
I mean she *can* file a lawsuit but it won’t go anywhere. She violated HIPAA by looking at your records without your expressed permission so she’s in some deep shit and telling on herself at this point. The cops are probably laughing over a doughnut .
| 1 | 13,167 | 2.066667 |
rxlgwj
|
legaladvice_train
| 0.98 |
Aunt works at my doctors & “called the cops on me” Hello! Im having some family problems right now & my aunt works at the doctors that I go to as the receptionist. I stay with my grandparents & had gone to the doctors a few months ago & had told them I had gone for a different reason than what I was actually going for as to not worry them. My grandma had told my aunt & my aunt had looked at the computer & messaged me privately saying she knew I had gone for something else than what I had told my grandparents I was going for. I was super embarrassed & hadn’t wanted anyone to know, especially considering I didn’t even know what was going on. I went to a different building even & the nurse told me that she shouldn’t of even been able to see that. So fast forward to now and we have had a falling out. I recently went to the doctors & had wanted to ensure my records had a lock on them so she couldn’t see anything. I showed the doctors the texts & the doctor asked if they could tell higher ups & they had sent her home to investigate. My grandparents came home & asked me what I had done & she had called them to let them know she called the police on me for telling her job the information & for calling DSS (which I did not do). Is there anything she can do legally against me for this situation?
|
hrkj8lj
|
hrje04p
| 1,641,516,218 | 1,641,500,596 | 31 | 15 |
You can’t face and legal repercussion for that. You did everything right. At the end of the day SHE violated your rights under the laws of HIPPA. I work as a receptionist in a dentist office, we have to have regular HIPPA courses and training. You technically can’t even say a patients name on their own voicemail or inclose too many details in letters mailed to the home because of the off chance of a non approved family member hearing about it. And if you do want information about yourself released to a specific family member you have to fill out a whole form.
|
Assuming you're in the US, your aunt has violated HIPAA and will be facing repercussions. You shouldn't be in any trouble, her calling the cops won't do anything because SHEs the one who violated a rule that is well known to anyone who works any position in healthcare. Not a lawyer, but I'm an EMT and Surg Tech, HIPAA is too well known and drilled into us all to be letting situations like this go under the radar. Aunt knew she was violating HIPAA
| 1 | 15,622 | 2.066667 |
rxlgwj
|
legaladvice_train
| 0.98 |
Aunt works at my doctors & “called the cops on me” Hello! Im having some family problems right now & my aunt works at the doctors that I go to as the receptionist. I stay with my grandparents & had gone to the doctors a few months ago & had told them I had gone for a different reason than what I was actually going for as to not worry them. My grandma had told my aunt & my aunt had looked at the computer & messaged me privately saying she knew I had gone for something else than what I had told my grandparents I was going for. I was super embarrassed & hadn’t wanted anyone to know, especially considering I didn’t even know what was going on. I went to a different building even & the nurse told me that she shouldn’t of even been able to see that. So fast forward to now and we have had a falling out. I recently went to the doctors & had wanted to ensure my records had a lock on them so she couldn’t see anything. I showed the doctors the texts & the doctor asked if they could tell higher ups & they had sent her home to investigate. My grandparents came home & asked me what I had done & she had called them to let them know she called the police on me for telling her job the information & for calling DSS (which I did not do). Is there anything she can do legally against me for this situation?
|
hrkj8lj
|
hrk7l4t
| 1,641,516,218 | 1,641,511,571 | 31 | 14 |
You can’t face and legal repercussion for that. You did everything right. At the end of the day SHE violated your rights under the laws of HIPPA. I work as a receptionist in a dentist office, we have to have regular HIPPA courses and training. You technically can’t even say a patients name on their own voicemail or inclose too many details in letters mailed to the home because of the off chance of a non approved family member hearing about it. And if you do want information about yourself released to a specific family member you have to fill out a whole form.
|
I am not a lawyer. HIPAA applies to everyone who has access to private health information of other people in the course of their work. The medical facility and your doctor is extremely grateful that you approached them, rather than file an official complaint. This means that they are able to take corrective action and self-report the violation to the the appropriate agencies. The doctor's office likely won't face fines for self-reporting but may face a reprimand (unlikely). The corrective action that the medical facility is likely to take include: * increasing security of patient records so that only staff with a need to access can access. A clerical employee may need access for billing purposes. Receptionists often pull files for the appointments that are taking place that day, but that doesn't mean they get to look through the files (obsolete in clinics with electronic patient records). * Increase the training of staff concerning when accessing patient records is appropriate/inappropriate. * Disciplinary action against your aunt. Quite honestly, I don't see how she can remain employed at this facility. Her actions were so egregious that she has left no wiggle room for her employer (the text messages show this). It is highly unlikely that any of the clinical staff will want her working with their patients. She may find it difficult to find work in any field that requires employees keep confidential information confidential - so medical, legal, accounting, education, the list goes on. There is no action local police will take against you, you have not committed an offense. Your aunt may be posturing to try and save face or get you to withdraw your complaint. However, it is too late to withdraw your complaint - the clinical staff are aware of her actions and they will proceed with corrective action even if you withdraw. You have nothing to worry about from the police or healthcare authorities. Your aunt, in addition to losing her job and the ability to find another job, may face legal repercussions, probably a fine if she admits the offense (things will go much worse if she tries to deny wrongdoing, based on those texts).
| 1 | 4,647 | 2.214286 |
yymr86
|
legaladvice_train
| 0.92 |
Can a company refuse to rent to me because I’m an undergraduate student? I found an INCREDIBLE apartment near where I’ll be studying part time. Fenced in backyard, tall ceilings, affordable, and great commute! But in the description, the direct quote is: “Sorry no undergraduate students...grad and post doc. welcome.” Can they do this? I’ve heard “sorry, no pets” and “sorry, no smoking,” but this is a new one! It seems like a really weird caveat. I fit all the other criteria. The apartment is listed by a property management company. This is in NC.
|
iwuy8if
|
iwwaxkx
| 1,668,785,299 | 1,668,805,160 | 571 | 1,086 |
>Can they do this? Generally, yes. Where are you located? Your undergraduate status isn't a protected characteristic, and they can choose not to rent to undergrads.
|
They are trying to avoid becoming a party complex with 2 people per room and rowdy underage drinking. If you're a non traditional student but getting your undergrad just call them and ask. It is legal though and becoming more popular in big college towns who also have young professionals
| 0 | 19,861 | 1.901926 |
yymr86
|
legaladvice_train
| 0.92 |
Can a company refuse to rent to me because I’m an undergraduate student? I found an INCREDIBLE apartment near where I’ll be studying part time. Fenced in backyard, tall ceilings, affordable, and great commute! But in the description, the direct quote is: “Sorry no undergraduate students...grad and post doc. welcome.” Can they do this? I’ve heard “sorry, no pets” and “sorry, no smoking,” but this is a new one! It seems like a really weird caveat. I fit all the other criteria. The apartment is listed by a property management company. This is in NC.
|
iwv8i4e
|
iwwaxkx
| 1,668,789,498 | 1,668,805,160 | 123 | 1,086 |
It's an odd restriction but undergrads aren't a protected class so it isn't illegal, baring some hyperlocal ordinance I'm not aware of.
|
They are trying to avoid becoming a party complex with 2 people per room and rowdy underage drinking. If you're a non traditional student but getting your undergrad just call them and ask. It is legal though and becoming more popular in big college towns who also have young professionals
| 0 | 15,662 | 8.829268 |
yymr86
|
legaladvice_train
| 0.92 |
Can a company refuse to rent to me because I’m an undergraduate student? I found an INCREDIBLE apartment near where I’ll be studying part time. Fenced in backyard, tall ceilings, affordable, and great commute! But in the description, the direct quote is: “Sorry no undergraduate students...grad and post doc. welcome.” Can they do this? I’ve heard “sorry, no pets” and “sorry, no smoking,” but this is a new one! It seems like a really weird caveat. I fit all the other criteria. The apartment is listed by a property management company. This is in NC.
|
iwwaxkx
|
iwvd8xr
| 1,668,805,160 | 1,668,791,404 | 1,086 | 66 |
They are trying to avoid becoming a party complex with 2 people per room and rowdy underage drinking. If you're a non traditional student but getting your undergrad just call them and ask. It is legal though and becoming more popular in big college towns who also have young professionals
|
Don’t sweat over it. Just apply as a professional (whatever you do full time). You don’t need to say anything about school. They are not renting to full time undergrad students because they don’t want apartments full of partying kids. Doesn’t sound like you are like the tenants they are trying to weed out.
| 1 | 13,756 | 16.454545 |
yymr86
|
legaladvice_train
| 0.92 |
Can a company refuse to rent to me because I’m an undergraduate student? I found an INCREDIBLE apartment near where I’ll be studying part time. Fenced in backyard, tall ceilings, affordable, and great commute! But in the description, the direct quote is: “Sorry no undergraduate students...grad and post doc. welcome.” Can they do this? I’ve heard “sorry, no pets” and “sorry, no smoking,” but this is a new one! It seems like a really weird caveat. I fit all the other criteria. The apartment is listed by a property management company. This is in NC.
|
iwwaxkx
|
iwuy468
| 1,668,805,160 | 1,668,785,249 | 1,086 | 3 |
They are trying to avoid becoming a party complex with 2 people per room and rowdy underage drinking. If you're a non traditional student but getting your undergrad just call them and ask. It is legal though and becoming more popular in big college towns who also have young professionals
|
Hi there! I’m the LegalFAQ bot. It looks like you may be experiencing housing issues related to housing or eviction. Come to https://legalfaq.org to find legal resources for renters in each state. You can also find links to local groups that can help you with legal, financial, or other problems at https://legalfaq.org/getHelp. Help us provide accurate advice to fellow redditors: if your post was related to housing or eviction, please like this comment; otherwise, please dislike this comment. *v0.1*
| 1 | 19,911 | 362 |
yymr86
|
legaladvice_train
| 0.92 |
Can a company refuse to rent to me because I’m an undergraduate student? I found an INCREDIBLE apartment near where I’ll be studying part time. Fenced in backyard, tall ceilings, affordable, and great commute! But in the description, the direct quote is: “Sorry no undergraduate students...grad and post doc. welcome.” Can they do this? I’ve heard “sorry, no pets” and “sorry, no smoking,” but this is a new one! It seems like a really weird caveat. I fit all the other criteria. The apartment is listed by a property management company. This is in NC.
|
iwuy8if
|
iwuy468
| 1,668,785,299 | 1,668,785,249 | 571 | 3 |
>Can they do this? Generally, yes. Where are you located? Your undergraduate status isn't a protected characteristic, and they can choose not to rent to undergrads.
|
Hi there! I’m the LegalFAQ bot. It looks like you may be experiencing housing issues related to housing or eviction. Come to https://legalfaq.org to find legal resources for renters in each state. You can also find links to local groups that can help you with legal, financial, or other problems at https://legalfaq.org/getHelp. Help us provide accurate advice to fellow redditors: if your post was related to housing or eviction, please like this comment; otherwise, please dislike this comment. *v0.1*
| 1 | 50 | 190.333333 |
yymr86
|
legaladvice_train
| 0.92 |
Can a company refuse to rent to me because I’m an undergraduate student? I found an INCREDIBLE apartment near where I’ll be studying part time. Fenced in backyard, tall ceilings, affordable, and great commute! But in the description, the direct quote is: “Sorry no undergraduate students...grad and post doc. welcome.” Can they do this? I’ve heard “sorry, no pets” and “sorry, no smoking,” but this is a new one! It seems like a really weird caveat. I fit all the other criteria. The apartment is listed by a property management company. This is in NC.
|
iwuy468
|
iwv8i4e
| 1,668,785,249 | 1,668,789,498 | 3 | 123 |
Hi there! I’m the LegalFAQ bot. It looks like you may be experiencing housing issues related to housing or eviction. Come to https://legalfaq.org to find legal resources for renters in each state. You can also find links to local groups that can help you with legal, financial, or other problems at https://legalfaq.org/getHelp. Help us provide accurate advice to fellow redditors: if your post was related to housing or eviction, please like this comment; otherwise, please dislike this comment. *v0.1*
|
It's an odd restriction but undergrads aren't a protected class so it isn't illegal, baring some hyperlocal ordinance I'm not aware of.
| 0 | 4,249 | 41 |
yymr86
|
legaladvice_train
| 0.92 |
Can a company refuse to rent to me because I’m an undergraduate student? I found an INCREDIBLE apartment near where I’ll be studying part time. Fenced in backyard, tall ceilings, affordable, and great commute! But in the description, the direct quote is: “Sorry no undergraduate students...grad and post doc. welcome.” Can they do this? I’ve heard “sorry, no pets” and “sorry, no smoking,” but this is a new one! It seems like a really weird caveat. I fit all the other criteria. The apartment is listed by a property management company. This is in NC.
|
iwwfkvc
|
iwwddtx
| 1,668,807,099 | 1,668,806,181 | 108 | 81 |
Yes. Plenty of towns near large colleges will have nicer apartments/townhomes that only non students, grad students, and post docs can stay at. It incentivizes those individuals who likely don’t want to deal with any crazy undergrad shenanigans to come stay there, and they don’t have to deal with said shenanigans themselves as renters.
|
Yes they can and it’s quite common. Undergrads tend to not take care of the property as well as professionals or families so many landlords decide it’s not worth the bother.
| 1 | 918 | 1.333333 |
yymr86
|
legaladvice_train
| 0.92 |
Can a company refuse to rent to me because I’m an undergraduate student? I found an INCREDIBLE apartment near where I’ll be studying part time. Fenced in backyard, tall ceilings, affordable, and great commute! But in the description, the direct quote is: “Sorry no undergraduate students...grad and post doc. welcome.” Can they do this? I’ve heard “sorry, no pets” and “sorry, no smoking,” but this is a new one! It seems like a really weird caveat. I fit all the other criteria. The apartment is listed by a property management company. This is in NC.
|
iwvd8xr
|
iwwfkvc
| 1,668,791,404 | 1,668,807,099 | 66 | 108 |
Don’t sweat over it. Just apply as a professional (whatever you do full time). You don’t need to say anything about school. They are not renting to full time undergrad students because they don’t want apartments full of partying kids. Doesn’t sound like you are like the tenants they are trying to weed out.
|
Yes. Plenty of towns near large colleges will have nicer apartments/townhomes that only non students, grad students, and post docs can stay at. It incentivizes those individuals who likely don’t want to deal with any crazy undergrad shenanigans to come stay there, and they don’t have to deal with said shenanigans themselves as renters.
| 0 | 15,695 | 1.636364 |
yymr86
|
legaladvice_train
| 0.92 |
Can a company refuse to rent to me because I’m an undergraduate student? I found an INCREDIBLE apartment near where I’ll be studying part time. Fenced in backyard, tall ceilings, affordable, and great commute! But in the description, the direct quote is: “Sorry no undergraduate students...grad and post doc. welcome.” Can they do this? I’ve heard “sorry, no pets” and “sorry, no smoking,” but this is a new one! It seems like a really weird caveat. I fit all the other criteria. The apartment is listed by a property management company. This is in NC.
|
iwwfkvc
|
iwweh9p
| 1,668,807,099 | 1,668,806,637 | 108 | 21 |
Yes. Plenty of towns near large colleges will have nicer apartments/townhomes that only non students, grad students, and post docs can stay at. It incentivizes those individuals who likely don’t want to deal with any crazy undergrad shenanigans to come stay there, and they don’t have to deal with said shenanigans themselves as renters.
|
This is fairly common is some Boston buildings, being a student isn’t a protected class
| 1 | 462 | 5.142857 |
yymr86
|
legaladvice_train
| 0.92 |
Can a company refuse to rent to me because I’m an undergraduate student? I found an INCREDIBLE apartment near where I’ll be studying part time. Fenced in backyard, tall ceilings, affordable, and great commute! But in the description, the direct quote is: “Sorry no undergraduate students...grad and post doc. welcome.” Can they do this? I’ve heard “sorry, no pets” and “sorry, no smoking,” but this is a new one! It seems like a really weird caveat. I fit all the other criteria. The apartment is listed by a property management company. This is in NC.
|
iwwfkvc
|
iwuy468
| 1,668,807,099 | 1,668,785,249 | 108 | 3 |
Yes. Plenty of towns near large colleges will have nicer apartments/townhomes that only non students, grad students, and post docs can stay at. It incentivizes those individuals who likely don’t want to deal with any crazy undergrad shenanigans to come stay there, and they don’t have to deal with said shenanigans themselves as renters.
|
Hi there! I’m the LegalFAQ bot. It looks like you may be experiencing housing issues related to housing or eviction. Come to https://legalfaq.org to find legal resources for renters in each state. You can also find links to local groups that can help you with legal, financial, or other problems at https://legalfaq.org/getHelp. Help us provide accurate advice to fellow redditors: if your post was related to housing or eviction, please like this comment; otherwise, please dislike this comment. *v0.1*
| 1 | 21,850 | 36 |
yymr86
|
legaladvice_train
| 0.92 |
Can a company refuse to rent to me because I’m an undergraduate student? I found an INCREDIBLE apartment near where I’ll be studying part time. Fenced in backyard, tall ceilings, affordable, and great commute! But in the description, the direct quote is: “Sorry no undergraduate students...grad and post doc. welcome.” Can they do this? I’ve heard “sorry, no pets” and “sorry, no smoking,” but this is a new one! It seems like a really weird caveat. I fit all the other criteria. The apartment is listed by a property management company. This is in NC.
|
iwwddtx
|
iwvd8xr
| 1,668,806,181 | 1,668,791,404 | 81 | 66 |
Yes they can and it’s quite common. Undergrads tend to not take care of the property as well as professionals or families so many landlords decide it’s not worth the bother.
|
Don’t sweat over it. Just apply as a professional (whatever you do full time). You don’t need to say anything about school. They are not renting to full time undergrad students because they don’t want apartments full of partying kids. Doesn’t sound like you are like the tenants they are trying to weed out.
| 1 | 14,777 | 1.227273 |
yymr86
|
legaladvice_train
| 0.92 |
Can a company refuse to rent to me because I’m an undergraduate student? I found an INCREDIBLE apartment near where I’ll be studying part time. Fenced in backyard, tall ceilings, affordable, and great commute! But in the description, the direct quote is: “Sorry no undergraduate students...grad and post doc. welcome.” Can they do this? I’ve heard “sorry, no pets” and “sorry, no smoking,” but this is a new one! It seems like a really weird caveat. I fit all the other criteria. The apartment is listed by a property management company. This is in NC.
|
iwwddtx
|
iwuy468
| 1,668,806,181 | 1,668,785,249 | 81 | 3 |
Yes they can and it’s quite common. Undergrads tend to not take care of the property as well as professionals or families so many landlords decide it’s not worth the bother.
|
Hi there! I’m the LegalFAQ bot. It looks like you may be experiencing housing issues related to housing or eviction. Come to https://legalfaq.org to find legal resources for renters in each state. You can also find links to local groups that can help you with legal, financial, or other problems at https://legalfaq.org/getHelp. Help us provide accurate advice to fellow redditors: if your post was related to housing or eviction, please like this comment; otherwise, please dislike this comment. *v0.1*
| 1 | 20,932 | 27 |
yymr86
|
legaladvice_train
| 0.92 |
Can a company refuse to rent to me because I’m an undergraduate student? I found an INCREDIBLE apartment near where I’ll be studying part time. Fenced in backyard, tall ceilings, affordable, and great commute! But in the description, the direct quote is: “Sorry no undergraduate students...grad and post doc. welcome.” Can they do this? I’ve heard “sorry, no pets” and “sorry, no smoking,” but this is a new one! It seems like a really weird caveat. I fit all the other criteria. The apartment is listed by a property management company. This is in NC.
|
iwvd8xr
|
iwuy468
| 1,668,791,404 | 1,668,785,249 | 66 | 3 |
Don’t sweat over it. Just apply as a professional (whatever you do full time). You don’t need to say anything about school. They are not renting to full time undergrad students because they don’t want apartments full of partying kids. Doesn’t sound like you are like the tenants they are trying to weed out.
|
Hi there! I’m the LegalFAQ bot. It looks like you may be experiencing housing issues related to housing or eviction. Come to https://legalfaq.org to find legal resources for renters in each state. You can also find links to local groups that can help you with legal, financial, or other problems at https://legalfaq.org/getHelp. Help us provide accurate advice to fellow redditors: if your post was related to housing or eviction, please like this comment; otherwise, please dislike this comment. *v0.1*
| 1 | 6,155 | 22 |
yymr86
|
legaladvice_train
| 0.92 |
Can a company refuse to rent to me because I’m an undergraduate student? I found an INCREDIBLE apartment near where I’ll be studying part time. Fenced in backyard, tall ceilings, affordable, and great commute! But in the description, the direct quote is: “Sorry no undergraduate students...grad and post doc. welcome.” Can they do this? I’ve heard “sorry, no pets” and “sorry, no smoking,” but this is a new one! It seems like a really weird caveat. I fit all the other criteria. The apartment is listed by a property management company. This is in NC.
|
iwwkuy2
|
iwweh9p
| 1,668,809,333 | 1,668,806,637 | 54 | 21 |
Some Insurance carriers and policies will not allow them to rent to any college or undergrad students
|
This is fairly common is some Boston buildings, being a student isn’t a protected class
| 1 | 2,696 | 2.571429 |
yymr86
|
legaladvice_train
| 0.92 |
Can a company refuse to rent to me because I’m an undergraduate student? I found an INCREDIBLE apartment near where I’ll be studying part time. Fenced in backyard, tall ceilings, affordable, and great commute! But in the description, the direct quote is: “Sorry no undergraduate students...grad and post doc. welcome.” Can they do this? I’ve heard “sorry, no pets” and “sorry, no smoking,” but this is a new one! It seems like a really weird caveat. I fit all the other criteria. The apartment is listed by a property management company. This is in NC.
|
iwwkuy2
|
iwuy468
| 1,668,809,333 | 1,668,785,249 | 54 | 3 |
Some Insurance carriers and policies will not allow them to rent to any college or undergrad students
|
Hi there! I’m the LegalFAQ bot. It looks like you may be experiencing housing issues related to housing or eviction. Come to https://legalfaq.org to find legal resources for renters in each state. You can also find links to local groups that can help you with legal, financial, or other problems at https://legalfaq.org/getHelp. Help us provide accurate advice to fellow redditors: if your post was related to housing or eviction, please like this comment; otherwise, please dislike this comment. *v0.1*
| 1 | 24,084 | 18 |
yymr86
|
legaladvice_train
| 0.92 |
Can a company refuse to rent to me because I’m an undergraduate student? I found an INCREDIBLE apartment near where I’ll be studying part time. Fenced in backyard, tall ceilings, affordable, and great commute! But in the description, the direct quote is: “Sorry no undergraduate students...grad and post doc. welcome.” Can they do this? I’ve heard “sorry, no pets” and “sorry, no smoking,” but this is a new one! It seems like a really weird caveat. I fit all the other criteria. The apartment is listed by a property management company. This is in NC.
|
iwweh9p
|
iwuy468
| 1,668,806,637 | 1,668,785,249 | 21 | 3 |
This is fairly common is some Boston buildings, being a student isn’t a protected class
|
Hi there! I’m the LegalFAQ bot. It looks like you may be experiencing housing issues related to housing or eviction. Come to https://legalfaq.org to find legal resources for renters in each state. You can also find links to local groups that can help you with legal, financial, or other problems at https://legalfaq.org/getHelp. Help us provide accurate advice to fellow redditors: if your post was related to housing or eviction, please like this comment; otherwise, please dislike this comment. *v0.1*
| 1 | 21,388 | 7 |
ajfmzl
|
legaladvice_train
| 0.95 |
[CA] 2 years after auto accident, I'm being sued by the other driver in California Small Claims for $7.5k. Their auto insurance already took fault & paid me and them. I no longer live in California. Am I at risk to lose? Can I sue them for flight/hotel costs to attend hearing?
|
eev7mgx
|
eev6u25
| 1,548,358,310 | 1,548,357,809 | 52 | 38 |
Call the court and ask if you can appear virtually as you live in another state. You may be able to appear by phone or Skype or Zoom, etc. some allow it. Then, ask for a continuance while you gather what you need, and to make travel arrangements. If you believe this is a nuisance suit, ask the court how to request it be dismissed as being such. Call the court clerk and be nice, and ask. Also read up on nuisance suits, plus look up the statute of limitations for accidents and claims where it is. Your proof it is a nuisance suit is that his insurance paid you for his mistake.
|
You must show up at the hearing or there will be a default judgement against you. Yes, you can file a small claims suit against them for the cost of travel, hotel, meals, car rental and any other incidentals (including time off of work) related to responding to the suit. Whether or not you will be successful depends a lot on whether or not the court thinks the other driver has a valid claim or if he is just trying to see if he can squeeze money out of you. Assuming the other driver was clearly at fault, I'd say you've got a good case.
| 1 | 501 | 1.368421 |
ajfmzl
|
legaladvice_train
| 0.95 |
[CA] 2 years after auto accident, I'm being sued by the other driver in California Small Claims for $7.5k. Their auto insurance already took fault & paid me and them. I no longer live in California. Am I at risk to lose? Can I sue them for flight/hotel costs to attend hearing?
|
eevxkep
|
eevting
| 1,548,375,095 | 1,548,372,253 | 13 | 5 |
You probably don't have to show up for this. From here: >With two exceptions, service of process must be made within the boundaries of the State of California. The following kinds of defendants need not be served within the State: > > > >**A non-resident defendant who owns real property in California** \- if the defendant has no agent for service of process and the claim relates to that property. (The non-resident defendant may send a representative or submit an affidavit to defend against the claim.) > >**A non-resident defendant who owned or operated a motor vehicle involved in an accident on a California highway** \- if service of process is made on both the defendant and the Department of Motor Vehicles. Some courts allow the non-resident driver to send a representative (but not an attorney), or submit an affidavit or declaration explaining that person's side of the case, or appear at the hearing by telephone. To determine the court's policy and practice, contact a small claims adviser in the county where the suit has been filed. > >A representative who appears in small claims court on behalf of a defendant should bring to the hearing a completed and signed Authorization to Appear on Behalf of a Party (Form SC-109). ​
|
What are they suing you for? Property damage or personal injury? Answer depends. ​ If I were you, I would call the insurance company or adjuster that handled your claim (the other person's insurance). Let them know that youre being sued in small claims court and ask them if they plan to subrogate any court winnings. That just means they would take whatever they paid to the plaintiff our of their court winnings if they were to win. ​ I would then let the plaintiff know if their insurance company plans to subrogate. That would make court an utter waste of time for them since they wouldn't actually keep any money
| 1 | 2,842 | 2.6 |
ajfmzl
|
legaladvice_train
| 0.95 |
[CA] 2 years after auto accident, I'm being sued by the other driver in California Small Claims for $7.5k. Their auto insurance already took fault & paid me and them. I no longer live in California. Am I at risk to lose? Can I sue them for flight/hotel costs to attend hearing?
|
eevpgzx
|
eevxkep
| 1,548,369,446 | 1,548,375,095 | 4 | 13 |
In most places the plaintiff has to file the suit where the defendant lives unless the defendant waives jurisdiction. Contact the clerk of the circuit court where the suit is filed, thru can't give legal advice but can inform you on procedures such as filing an appearance and answer.
|
You probably don't have to show up for this. From here: >With two exceptions, service of process must be made within the boundaries of the State of California. The following kinds of defendants need not be served within the State: > > > >**A non-resident defendant who owns real property in California** \- if the defendant has no agent for service of process and the claim relates to that property. (The non-resident defendant may send a representative or submit an affidavit to defend against the claim.) > >**A non-resident defendant who owned or operated a motor vehicle involved in an accident on a California highway** \- if service of process is made on both the defendant and the Department of Motor Vehicles. Some courts allow the non-resident driver to send a representative (but not an attorney), or submit an affidavit or declaration explaining that person's side of the case, or appear at the hearing by telephone. To determine the court's policy and practice, contact a small claims adviser in the county where the suit has been filed. > >A representative who appears in small claims court on behalf of a defendant should bring to the hearing a completed and signed Authorization to Appear on Behalf of a Party (Form SC-109). ​
| 0 | 5,649 | 3.25 |
ajfmzl
|
legaladvice_train
| 0.95 |
[CA] 2 years after auto accident, I'm being sued by the other driver in California Small Claims for $7.5k. Their auto insurance already took fault & paid me and them. I no longer live in California. Am I at risk to lose? Can I sue them for flight/hotel costs to attend hearing?
|
eevpgzx
|
eevting
| 1,548,369,446 | 1,548,372,253 | 4 | 5 |
In most places the plaintiff has to file the suit where the defendant lives unless the defendant waives jurisdiction. Contact the clerk of the circuit court where the suit is filed, thru can't give legal advice but can inform you on procedures such as filing an appearance and answer.
|
What are they suing you for? Property damage or personal injury? Answer depends. ​ If I were you, I would call the insurance company or adjuster that handled your claim (the other person's insurance). Let them know that youre being sued in small claims court and ask them if they plan to subrogate any court winnings. That just means they would take whatever they paid to the plaintiff our of their court winnings if they were to win. ​ I would then let the plaintiff know if their insurance company plans to subrogate. That would make court an utter waste of time for them since they wouldn't actually keep any money
| 0 | 2,807 | 1.25 |
b2yc9z
|
legaladvice_train
| 0.94 |
I want to leave my current car insurer but I expect to be sued by an at fault driver soon Hello, I want to leave my current car insurer as I found a rate with another good insurer for 100$ less a month. My question is, I received a letter in the mail a month back from a lawyer representing a driver who hit me back in October. This accident was 100% their fault as per the insurance outcome. I had my car written off and paid for by my insurance. The letter was also sent to my current insurer which is the insurer listed on the accident details because the letter was to request info. The letter said she plans to make a legal case, but I haven’t been served yet. My insurer sent the documents, they got a witness statement by someone who confirmed my story and also provided dashcam footage of the at fault driver running a red. What will happen if I change insurers to get the better price? Will my old bank still represent me legally? Will this burden be put on my new insurer? Should I tell my new Insurance company I/they might be getting sued in the future? Any advice is appreciated. Thank you!
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eivr3vs
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eivrauh
| 1,553,007,161 | 1,553,007,287 | 3 | 98 |
---
> http://imgur.com/a/myIAb
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*I am a bot whose sole purpose is to improve the timeliness and accuracy of responses in this subreddit.*
---
**It appears you forgot to include your location in the title or body of your post. Please update the body of your original post to include this information.**
---
***Do NOT delete this post - Instead, simply edit the post with the requested information.***
---
Author: /u/Dom19944444
Title: **I want to leave my current car insurer but I expect to be sued by an at fault driver soon**
Original Post:
> Hello, > > I want to leave my current car insurer as I found a rate with another good insurer for 100$ less a month. > > My question is, I received a letter in the mail a month back from a lawyer representing a driver who hit me back in October. This accident was 100% their fault as per the insurance outcome. I had my car written off and paid for by my insurance. > > The letter was also sent to my current insurer which is the insurer listed on the accident details because the letter was to request info. The letter said she plans to make a legal case, but I haven’t been served yet. My insurer sent the documents, they got a witness statement by someone who confirmed my story and also provided dashcam footage of the at fault driver running a red. > > What will happen if I change insurers to get the better price? Will my old bank still represent me legally? Will this burden be put on my new insurer? Should I tell my new Insurance company I/they might be getting sued in the future? > > Any advice is appreciated. > > Thank you!
---
LocationBot 4.31977192 | Report Issues
|
The insurance you carried at the time of the accident is who the attorney will work with, just because you leave them does not void them of providing you the coverage (Liability protection) you carried on the date of the accident. You are good to switch and you don't have to worry. Source: Former adjuster and current employee of personal injury law firm.
| 0 | 126 | 32.666667 |
vzocy5
|
legaladvice_train
| 0.96 |
Got into a car accident at the fault of the other driver who is uninsured and broke. Context: My girlfriend and I were driving down a highway when a car suddenly crossed all lanes of traffic and failed to yield the right of way to us, causing a collision and a pretty decent amount of front-end damage to our car. The driver of the car causing the accident was uninsured, elderly, doesn't speak English, and likely broke based on what the police told us. We have just gotten a copy of the police report, they had insurance but had let it expire. My girlfriend's insurance doesn't cover under or noninsured motorists or a rental car. So... I guess I'm asking what our next move should be? Contact their insurance to confirm the lapse? Reach out to the other party for payment? Start a small claims process? It all feels unworth it if they don't have any money and I'm not even sure where to begin.
|
ig9libo
|
ig9hukl
| 1,657,894,443 | 1,657,892,865 | 47 | 9 |
Insurance adjuster here: First, you didn't mention your state. Depending on the state, if you didn't have UMPD (uninsured motorist protection for property damage), you (or your GF) would have HAD to sign a waiver saying no to it. If that wasn't done, then you'd still have coverage. Second, assuming that isn't the case, do you carry collision coverage? I'm assuming not based on the post, but that coverage is separate from UMPD coverage. Third, have you actually filed a claim with the other driver's insurance? If not, do so. Even if it's expired, it not only puts their accident into the insurance database so it's noted in the event they get new insurance or have another accident later, but it also is how you get the official denial letter that you can use in court. Barring all those things, the answer is to go after the other driver directly. Yes, it might go nowhere if they don't have anything, but not trying means a guaranteed nothing. Get a couple of quotes (I always recommend 2 minimum but preferred 3) for the repairs, contact him directly first asking him to pay. If he doesn't, then go the small claims route (if it's under the small claims threshold for where you are) and try. Bring the quotes and the denial letter to the court so you have proof of costs and that you attempted the insurance route first.
|
Uninsured / under insured (UM/UMI) coverage is actually pretty inexpensive to add to your policy. It doesn't fix your current situation but something to consider moving forward. I had a similar incident and learned to maximize my UM/UMI coverage.
| 1 | 1,578 | 5.222222 |
vzocy5
|
legaladvice_train
| 0.96 |
Got into a car accident at the fault of the other driver who is uninsured and broke. Context: My girlfriend and I were driving down a highway when a car suddenly crossed all lanes of traffic and failed to yield the right of way to us, causing a collision and a pretty decent amount of front-end damage to our car. The driver of the car causing the accident was uninsured, elderly, doesn't speak English, and likely broke based on what the police told us. We have just gotten a copy of the police report, they had insurance but had let it expire. My girlfriend's insurance doesn't cover under or noninsured motorists or a rental car. So... I guess I'm asking what our next move should be? Contact their insurance to confirm the lapse? Reach out to the other party for payment? Start a small claims process? It all feels unworth it if they don't have any money and I'm not even sure where to begin.
|
ig9libo
|
ig9kqht
| 1,657,894,443 | 1,657,894,113 | 47 | 5 |
Insurance adjuster here: First, you didn't mention your state. Depending on the state, if you didn't have UMPD (uninsured motorist protection for property damage), you (or your GF) would have HAD to sign a waiver saying no to it. If that wasn't done, then you'd still have coverage. Second, assuming that isn't the case, do you carry collision coverage? I'm assuming not based on the post, but that coverage is separate from UMPD coverage. Third, have you actually filed a claim with the other driver's insurance? If not, do so. Even if it's expired, it not only puts their accident into the insurance database so it's noted in the event they get new insurance or have another accident later, but it also is how you get the official denial letter that you can use in court. Barring all those things, the answer is to go after the other driver directly. Yes, it might go nowhere if they don't have anything, but not trying means a guaranteed nothing. Get a couple of quotes (I always recommend 2 minimum but preferred 3) for the repairs, contact him directly first asking him to pay. If he doesn't, then go the small claims route (if it's under the small claims threshold for where you are) and try. Bring the quotes and the denial letter to the court so you have proof of costs and that you attempted the insurance route first.
|
Might wanna press as much as you can anyway, right? You might not see the money, but if you have a judgment, at some point you may. What if this guy wins the lotto next week? Or a tax return? Or whatever else may happen. A judge's order to pay may come out before he gets any. Not a lawyer. Using logic here, and probably not a lot of that lol
| 1 | 330 | 9.4 |
vzocy5
|
legaladvice_train
| 0.96 |
Got into a car accident at the fault of the other driver who is uninsured and broke. Context: My girlfriend and I were driving down a highway when a car suddenly crossed all lanes of traffic and failed to yield the right of way to us, causing a collision and a pretty decent amount of front-end damage to our car. The driver of the car causing the accident was uninsured, elderly, doesn't speak English, and likely broke based on what the police told us. We have just gotten a copy of the police report, they had insurance but had let it expire. My girlfriend's insurance doesn't cover under or noninsured motorists or a rental car. So... I guess I'm asking what our next move should be? Contact their insurance to confirm the lapse? Reach out to the other party for payment? Start a small claims process? It all feels unworth it if they don't have any money and I'm not even sure where to begin.
|
ig9hukl
|
ig9wux2
| 1,657,892,865 | 1,657,899,088 | 9 | 41 |
Uninsured / under insured (UM/UMI) coverage is actually pretty inexpensive to add to your policy. It doesn't fix your current situation but something to consider moving forward. I had a similar incident and learned to maximize my UM/UMI coverage.
|
If I'm not mistaken, even if they're "broke" the judgment against them may be to garnish any income they do have until they make you whole. A close friend of mine went through something similar, and the person that hit them, while my friend was riding a motorcycle, is still paying for that rare bike, over 20 years later.
| 0 | 6,223 | 4.555556 |
vzocy5
|
legaladvice_train
| 0.96 |
Got into a car accident at the fault of the other driver who is uninsured and broke. Context: My girlfriend and I were driving down a highway when a car suddenly crossed all lanes of traffic and failed to yield the right of way to us, causing a collision and a pretty decent amount of front-end damage to our car. The driver of the car causing the accident was uninsured, elderly, doesn't speak English, and likely broke based on what the police told us. We have just gotten a copy of the police report, they had insurance but had let it expire. My girlfriend's insurance doesn't cover under or noninsured motorists or a rental car. So... I guess I'm asking what our next move should be? Contact their insurance to confirm the lapse? Reach out to the other party for payment? Start a small claims process? It all feels unworth it if they don't have any money and I'm not even sure where to begin.
|
ig9wux2
|
ig9kqht
| 1,657,899,088 | 1,657,894,113 | 41 | 5 |
If I'm not mistaken, even if they're "broke" the judgment against them may be to garnish any income they do have until they make you whole. A close friend of mine went through something similar, and the person that hit them, while my friend was riding a motorcycle, is still paying for that rare bike, over 20 years later.
|
Might wanna press as much as you can anyway, right? You might not see the money, but if you have a judgment, at some point you may. What if this guy wins the lotto next week? Or a tax return? Or whatever else may happen. A judge's order to pay may come out before he gets any. Not a lawyer. Using logic here, and probably not a lot of that lol
| 1 | 4,975 | 8.2 |
vzocy5
|
legaladvice_train
| 0.96 |
Got into a car accident at the fault of the other driver who is uninsured and broke. Context: My girlfriend and I were driving down a highway when a car suddenly crossed all lanes of traffic and failed to yield the right of way to us, causing a collision and a pretty decent amount of front-end damage to our car. The driver of the car causing the accident was uninsured, elderly, doesn't speak English, and likely broke based on what the police told us. We have just gotten a copy of the police report, they had insurance but had let it expire. My girlfriend's insurance doesn't cover under or noninsured motorists or a rental car. So... I guess I'm asking what our next move should be? Contact their insurance to confirm the lapse? Reach out to the other party for payment? Start a small claims process? It all feels unworth it if they don't have any money and I'm not even sure where to begin.
|
ig9kqht
|
iga39l8
| 1,657,894,113 | 1,657,901,605 | 5 | 6 |
Might wanna press as much as you can anyway, right? You might not see the money, but if you have a judgment, at some point you may. What if this guy wins the lotto next week? Or a tax return? Or whatever else may happen. A judge's order to pay may come out before he gets any. Not a lawyer. Using logic here, and probably not a lot of that lol
|
If you are injured, it would still be a good idea to contact a personal injury attorney. They usually work on contingency so it won’t cost you anything up front. They can determine whether the other driver had another insurance policy or if the one that “lapsed” was actually still in effect. Your own auto insurance may cover your injuries too. Either way, it wouldn’t hurt to discuss with a local attorney to find out what your options are.
| 0 | 7,492 | 1.2 |
smzv6a
|
legaladvice_train
| 0.91 |
I’m being sued by the tenant who lived below me at my former apartment Back in 2018-19 I lived in an apartment complex owned by a large property management company. Unfortunately on several occasions I overflowed the bathtub. The water seeped into the neighbor below us. I had renters insurance. The company asked us to try to find a new place to live which we did. They also sent me a bill of $1700 after we moved out, which I paid. 2 days ago I was served with a $250k lawsuit by the tenants below. They named myself and the property management company in the lawsuit. I have never been in this situation before and have really no idea what steps to take. I’ve spoken with my renters insurance company and filed the suit as a claim. Any advice or thoughts would be much appreciated. I live in California
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hw4hzuj
|
hw32rku
| 1,644,349,837 | 1,644,330,614 | 11 | 5 |
I owned and managed 53 units at a point and had many legal issues come up. You need to do a few things if you already haven’t- 1. Go through the lease with a fine toothed comb to see if you are responsible for damages and under what circumstances it applies to 2. Find out if the management company is the owner. If not find out the owner’s name(s) and addresses 3. Why was the bathtub overflowing? This is important because if it’s as a result of let’s say-not clearing any hair from the drain regularly (as most people do as needed) or people forgetting to shut the water off- that’s the tenants fault. If it was happening due to the property not being properly cared for by the owners and management that’s a totally different story 4. Gather every bit of evidence you have of communication with them about this. Dates, times, incidents reported, solutions if any that were provided, emails, texts etc. 5. Who asked you to find a new place to live? And why? Gather all the information on that. Be ready with documentation of the agreement. I’ve never heard of a tenant involving another tenant as a defendant in a case that based on what I can tell only from what I’ve read here. They should go after the owners who are the ones who have the money therefore they also decide what to spend money on for each property they own. So unless you or someone you lived with was the cause of the problem I don’t see how they could make you responsible for something you had no control over the diagnosis and subsequent remedies or lack of.
|
I'd look at statute of limitations on this. In my state, I think it would be 2 years to start a claim. Where are you located?
| 1 | 19,223 | 2.2 |
g0j6v9
|
legaladvice_train
| 0.99 |
Being sued personally by a customer of the store where I work. Says she slipped on the floor I was cleaning and she's injured. I'm a cleaner at a supermarket. On january 16 I was working, I was cleaning a closed-off section of the store. I was cleaning the floor so it was wet. Suddenly someone started shouting and a lady was saying that she slipped on the floor and fell and that she was in pain. I helped her get back on her feet she walked alright. She was in the \*closed-off\* section so not supposed to be there and there were signs. Then my manager came to talk to her. She was protesting but he said that the section was closed-off then they talked some more but I don't know what was said because I went back to work. Last thursday in the mail there was a letter, it's from a lawyer saying the lady was seriously injured and had to go to the hospital and she's asking for $24000 or she will take me to court personally for her injuries, hospital costs and now she's disabled. At first I didn't even know who she was then I remembered. It didn't look like she was badly injured when she was talking to my manager. I'm just a cleaner I don't have that kind of money. I was just doing my job as told by my manager and following all the rules and the lady was not supposed to be where she was. Don't know how she got my name and address. We have name tags but with just our first name. I don't know why she's coming after me personally and not the store? What can I do? There's no way I can pay that kind of money.
|
fna202d
|
fn9wdvz
| 1,586,789,480 | 1,586,786,108 | 428 | 261 |
Also, this is a common scam. I would look up the woman's name on court websites. Probably not her first rodeo.
|
You haven't been sued yet. It's probably a letter just to make you shit your pants. Bring the letter to your manager; they pay for insurance for this type of stuff.
| 1 | 3,372 | 1.639847 |
g0j6v9
|
legaladvice_train
| 0.99 |
Being sued personally by a customer of the store where I work. Says she slipped on the floor I was cleaning and she's injured. I'm a cleaner at a supermarket. On january 16 I was working, I was cleaning a closed-off section of the store. I was cleaning the floor so it was wet. Suddenly someone started shouting and a lady was saying that she slipped on the floor and fell and that she was in pain. I helped her get back on her feet she walked alright. She was in the \*closed-off\* section so not supposed to be there and there were signs. Then my manager came to talk to her. She was protesting but he said that the section was closed-off then they talked some more but I don't know what was said because I went back to work. Last thursday in the mail there was a letter, it's from a lawyer saying the lady was seriously injured and had to go to the hospital and she's asking for $24000 or she will take me to court personally for her injuries, hospital costs and now she's disabled. At first I didn't even know who she was then I remembered. It didn't look like she was badly injured when she was talking to my manager. I'm just a cleaner I don't have that kind of money. I was just doing my job as told by my manager and following all the rules and the lady was not supposed to be where she was. Don't know how she got my name and address. We have name tags but with just our first name. I don't know why she's coming after me personally and not the store? What can I do? There's no way I can pay that kind of money.
|
fna202d
|
fn9wmq1
| 1,586,789,480 | 1,586,786,266 | 428 | 23 |
Also, this is a common scam. I would look up the woman's name on court websites. Probably not her first rodeo.
|
Sounds like you received a Demand Letter, not a Summons. The letter just states her side, as told to her attorney, and what she wants. I would bring this to your manager but not worry too much. If a civil suit had been filed you would have been Served (given the Summons and Complaint by a process server). If you do get served, find an attorney immediately. Hopefully your work will assist you in in finding and paying in for one, better still if they provided one as they (the store) is the party more likely to have money, if that's the goal of a civil suit. For peace of mind look up legal aid in your area for free or discounted representation. Most require their attorneys to offer free 30 minute consultations.
| 1 | 3,214 | 18.608696 |
g0j6v9
|
legaladvice_train
| 0.99 |
Being sued personally by a customer of the store where I work. Says she slipped on the floor I was cleaning and she's injured. I'm a cleaner at a supermarket. On january 16 I was working, I was cleaning a closed-off section of the store. I was cleaning the floor so it was wet. Suddenly someone started shouting and a lady was saying that she slipped on the floor and fell and that she was in pain. I helped her get back on her feet she walked alright. She was in the \*closed-off\* section so not supposed to be there and there were signs. Then my manager came to talk to her. She was protesting but he said that the section was closed-off then they talked some more but I don't know what was said because I went back to work. Last thursday in the mail there was a letter, it's from a lawyer saying the lady was seriously injured and had to go to the hospital and she's asking for $24000 or she will take me to court personally for her injuries, hospital costs and now she's disabled. At first I didn't even know who she was then I remembered. It didn't look like she was badly injured when she was talking to my manager. I'm just a cleaner I don't have that kind of money. I was just doing my job as told by my manager and following all the rules and the lady was not supposed to be where she was. Don't know how she got my name and address. We have name tags but with just our first name. I don't know why she's coming after me personally and not the store? What can I do? There's no way I can pay that kind of money.
|
fn9zcm5
|
fna202d
| 1,586,787,954 | 1,586,789,480 | 20 | 428 |
Turn the letter over to your employer ASAP. You will be covered by their liability insurance and if they (or you) get sued for what you were doing while working, you will be covered and an attorney will be assigned to represent you and/or the company. As for why they sent it to you and not the company, it's anyone's guess. That's unusual and, honestly, stupid. Attorneys are typically looking for the deep pocket - the one who has the ability to pay. That isn't you. Since this happened while you were working, it also seems obvious that the cause of action would be against the employer, not you personally. So yea, I have no idea why the attorney made the choices they made, but it doesn't affect the overall analysis. Try to relax a bit. Make sure the letter gets into the right hands in terms of management so they can send it to their liability insurer. They will handle it from there. If you get served with actual papers at some point, do the same - turn it over to the liability insurer. In that case, I would recommend that you not let someone else handle it. I would recommend you get the name and contact information for the insurance company so you can directly contact them. It is extremely important that you understand that this is not on you, but on your employer. They have insurance exactly for this situation. You do not need to personally find and pay for an attorney. You do not need legal aid. You simply need to make sure that insurance is notified about what is going on and that an attorney is assigned to handle it (in the event of an actual lawsuit).
|
Also, this is a common scam. I would look up the woman's name on court websites. Probably not her first rodeo.
| 0 | 1,526 | 21.4 |
g0j6v9
|
legaladvice_train
| 0.99 |
Being sued personally by a customer of the store where I work. Says she slipped on the floor I was cleaning and she's injured. I'm a cleaner at a supermarket. On january 16 I was working, I was cleaning a closed-off section of the store. I was cleaning the floor so it was wet. Suddenly someone started shouting and a lady was saying that she slipped on the floor and fell and that she was in pain. I helped her get back on her feet she walked alright. She was in the \*closed-off\* section so not supposed to be there and there were signs. Then my manager came to talk to her. She was protesting but he said that the section was closed-off then they talked some more but I don't know what was said because I went back to work. Last thursday in the mail there was a letter, it's from a lawyer saying the lady was seriously injured and had to go to the hospital and she's asking for $24000 or she will take me to court personally for her injuries, hospital costs and now she's disabled. At first I didn't even know who she was then I remembered. It didn't look like she was badly injured when she was talking to my manager. I'm just a cleaner I don't have that kind of money. I was just doing my job as told by my manager and following all the rules and the lady was not supposed to be where she was. Don't know how she got my name and address. We have name tags but with just our first name. I don't know why she's coming after me personally and not the store? What can I do? There's no way I can pay that kind of money.
|
fna89px
|
fn9wmq1
| 1,586,792,882 | 1,586,786,266 | 126 | 23 |
Don't just give your manager the papers ALWAYS MAKE COPIES OF EVERYTHING LEGAL. Paper trails are detrimentally important, if no one has said that yet
|
Sounds like you received a Demand Letter, not a Summons. The letter just states her side, as told to her attorney, and what she wants. I would bring this to your manager but not worry too much. If a civil suit had been filed you would have been Served (given the Summons and Complaint by a process server). If you do get served, find an attorney immediately. Hopefully your work will assist you in in finding and paying in for one, better still if they provided one as they (the store) is the party more likely to have money, if that's the goal of a civil suit. For peace of mind look up legal aid in your area for free or discounted representation. Most require their attorneys to offer free 30 minute consultations.
| 1 | 6,616 | 5.478261 |
g0j6v9
|
legaladvice_train
| 0.99 |
Being sued personally by a customer of the store where I work. Says she slipped on the floor I was cleaning and she's injured. I'm a cleaner at a supermarket. On january 16 I was working, I was cleaning a closed-off section of the store. I was cleaning the floor so it was wet. Suddenly someone started shouting and a lady was saying that she slipped on the floor and fell and that she was in pain. I helped her get back on her feet she walked alright. She was in the \*closed-off\* section so not supposed to be there and there were signs. Then my manager came to talk to her. She was protesting but he said that the section was closed-off then they talked some more but I don't know what was said because I went back to work. Last thursday in the mail there was a letter, it's from a lawyer saying the lady was seriously injured and had to go to the hospital and she's asking for $24000 or she will take me to court personally for her injuries, hospital costs and now she's disabled. At first I didn't even know who she was then I remembered. It didn't look like she was badly injured when she was talking to my manager. I'm just a cleaner I don't have that kind of money. I was just doing my job as told by my manager and following all the rules and the lady was not supposed to be where she was. Don't know how she got my name and address. We have name tags but with just our first name. I don't know why she's coming after me personally and not the store? What can I do? There's no way I can pay that kind of money.
|
fn9zcm5
|
fna89px
| 1,586,787,954 | 1,586,792,882 | 20 | 126 |
Turn the letter over to your employer ASAP. You will be covered by their liability insurance and if they (or you) get sued for what you were doing while working, you will be covered and an attorney will be assigned to represent you and/or the company. As for why they sent it to you and not the company, it's anyone's guess. That's unusual and, honestly, stupid. Attorneys are typically looking for the deep pocket - the one who has the ability to pay. That isn't you. Since this happened while you were working, it also seems obvious that the cause of action would be against the employer, not you personally. So yea, I have no idea why the attorney made the choices they made, but it doesn't affect the overall analysis. Try to relax a bit. Make sure the letter gets into the right hands in terms of management so they can send it to their liability insurer. They will handle it from there. If you get served with actual papers at some point, do the same - turn it over to the liability insurer. In that case, I would recommend that you not let someone else handle it. I would recommend you get the name and contact information for the insurance company so you can directly contact them. It is extremely important that you understand that this is not on you, but on your employer. They have insurance exactly for this situation. You do not need to personally find and pay for an attorney. You do not need legal aid. You simply need to make sure that insurance is notified about what is going on and that an attorney is assigned to handle it (in the event of an actual lawsuit).
|
Don't just give your manager the papers ALWAYS MAKE COPIES OF EVERYTHING LEGAL. Paper trails are detrimentally important, if no one has said that yet
| 0 | 4,928 | 6.3 |
g0j6v9
|
legaladvice_train
| 0.99 |
Being sued personally by a customer of the store where I work. Says she slipped on the floor I was cleaning and she's injured. I'm a cleaner at a supermarket. On january 16 I was working, I was cleaning a closed-off section of the store. I was cleaning the floor so it was wet. Suddenly someone started shouting and a lady was saying that she slipped on the floor and fell and that she was in pain. I helped her get back on her feet she walked alright. She was in the \*closed-off\* section so not supposed to be there and there were signs. Then my manager came to talk to her. She was protesting but he said that the section was closed-off then they talked some more but I don't know what was said because I went back to work. Last thursday in the mail there was a letter, it's from a lawyer saying the lady was seriously injured and had to go to the hospital and she's asking for $24000 or she will take me to court personally for her injuries, hospital costs and now she's disabled. At first I didn't even know who she was then I remembered. It didn't look like she was badly injured when she was talking to my manager. I'm just a cleaner I don't have that kind of money. I was just doing my job as told by my manager and following all the rules and the lady was not supposed to be where she was. Don't know how she got my name and address. We have name tags but with just our first name. I don't know why she's coming after me personally and not the store? What can I do? There's no way I can pay that kind of money.
|
fn9wmq1
|
fnagnvv
| 1,586,786,266 | 1,586,797,179 | 23 | 53 |
Sounds like you received a Demand Letter, not a Summons. The letter just states her side, as told to her attorney, and what she wants. I would bring this to your manager but not worry too much. If a civil suit had been filed you would have been Served (given the Summons and Complaint by a process server). If you do get served, find an attorney immediately. Hopefully your work will assist you in in finding and paying in for one, better still if they provided one as they (the store) is the party more likely to have money, if that's the goal of a civil suit. For peace of mind look up legal aid in your area for free or discounted representation. Most require their attorneys to offer free 30 minute consultations.
|
They may also be trying to scare you into making a statement that would aid their client's case against the store. As others have said, bring a copy of the letter to your store management on your next shift.
| 0 | 10,913 | 2.304348 |
g0j6v9
|
legaladvice_train
| 0.99 |
Being sued personally by a customer of the store where I work. Says she slipped on the floor I was cleaning and she's injured. I'm a cleaner at a supermarket. On january 16 I was working, I was cleaning a closed-off section of the store. I was cleaning the floor so it was wet. Suddenly someone started shouting and a lady was saying that she slipped on the floor and fell and that she was in pain. I helped her get back on her feet she walked alright. She was in the \*closed-off\* section so not supposed to be there and there were signs. Then my manager came to talk to her. She was protesting but he said that the section was closed-off then they talked some more but I don't know what was said because I went back to work. Last thursday in the mail there was a letter, it's from a lawyer saying the lady was seriously injured and had to go to the hospital and she's asking for $24000 or she will take me to court personally for her injuries, hospital costs and now she's disabled. At first I didn't even know who she was then I remembered. It didn't look like she was badly injured when she was talking to my manager. I'm just a cleaner I don't have that kind of money. I was just doing my job as told by my manager and following all the rules and the lady was not supposed to be where she was. Don't know how she got my name and address. We have name tags but with just our first name. I don't know why she's coming after me personally and not the store? What can I do? There's no way I can pay that kind of money.
|
fnagnvv
|
fn9zcm5
| 1,586,797,179 | 1,586,787,954 | 53 | 20 |
They may also be trying to scare you into making a statement that would aid their client's case against the store. As others have said, bring a copy of the letter to your store management on your next shift.
|
Turn the letter over to your employer ASAP. You will be covered by their liability insurance and if they (or you) get sued for what you were doing while working, you will be covered and an attorney will be assigned to represent you and/or the company. As for why they sent it to you and not the company, it's anyone's guess. That's unusual and, honestly, stupid. Attorneys are typically looking for the deep pocket - the one who has the ability to pay. That isn't you. Since this happened while you were working, it also seems obvious that the cause of action would be against the employer, not you personally. So yea, I have no idea why the attorney made the choices they made, but it doesn't affect the overall analysis. Try to relax a bit. Make sure the letter gets into the right hands in terms of management so they can send it to their liability insurer. They will handle it from there. If you get served with actual papers at some point, do the same - turn it over to the liability insurer. In that case, I would recommend that you not let someone else handle it. I would recommend you get the name and contact information for the insurance company so you can directly contact them. It is extremely important that you understand that this is not on you, but on your employer. They have insurance exactly for this situation. You do not need to personally find and pay for an attorney. You do not need legal aid. You simply need to make sure that insurance is notified about what is going on and that an attorney is assigned to handle it (in the event of an actual lawsuit).
| 1 | 9,225 | 2.65 |
uqwhtn
|
legaladvice_train
| 0.97 |
My boss wants me to lie in court and I've told him I won't, he has threatened to fire me unless I make false testimony; if he does would I be able to take him to court for losses? Years ago my boss entered into a law suit with a 3rd party. Initially the lawsuit involved him, the person he was suing and being sued by, and another of his employees who was a witness. That employee has since left the business and he requested I take their place in court. (Note that the ex-employee and my boss are still extremely "close friends" and the ex-employee spends a great deal of time working for him 'for free' and attending dozens of hours of meetings for him unpaid). Since then he has been giving me page after page of false information, which I have tried to correct him on multiple times and he has ignored me and sent it to the lawyer regardless. He initially was going to let me meet the lawyer but has since completely shutdown communication between us, refusing me to allow to communicate with him unless he is present. He himself refuses to attend the court date as I am just finding out. This is a man that will fly for 10+ hours to sit in on a 1 hour meeting that has nothing to do with him. Years ago a similar issue had popped up where he wanted me to take the blame for something that I was not a part of and had fought him on. It escalated to the point where he threatened to fire me unless I was willing to take blame for the incident and say it was my idea. I refused and was let go for about a week before he brought me back on and "apologized". Assuming he does the same thing again, what are my options if any?
|
i8tkp26
|
i8ttjc5
| 1,652,710,153 | 1,652,713,941 | 176 | 373 |
Yes, you'll be entitled to reinstatement and back pay. Do not lie in court and get a consultation with an employment attorney ASAP.
|
If you commit perjury and get caught, he's not going to be the one suffering consequences.
| 0 | 3,788 | 2.119318 |
uqwhtn
|
legaladvice_train
| 0.97 |
My boss wants me to lie in court and I've told him I won't, he has threatened to fire me unless I make false testimony; if he does would I be able to take him to court for losses? Years ago my boss entered into a law suit with a 3rd party. Initially the lawsuit involved him, the person he was suing and being sued by, and another of his employees who was a witness. That employee has since left the business and he requested I take their place in court. (Note that the ex-employee and my boss are still extremely "close friends" and the ex-employee spends a great deal of time working for him 'for free' and attending dozens of hours of meetings for him unpaid). Since then he has been giving me page after page of false information, which I have tried to correct him on multiple times and he has ignored me and sent it to the lawyer regardless. He initially was going to let me meet the lawyer but has since completely shutdown communication between us, refusing me to allow to communicate with him unless he is present. He himself refuses to attend the court date as I am just finding out. This is a man that will fly for 10+ hours to sit in on a 1 hour meeting that has nothing to do with him. Years ago a similar issue had popped up where he wanted me to take the blame for something that I was not a part of and had fought him on. It escalated to the point where he threatened to fire me unless I was willing to take blame for the incident and say it was my idea. I refused and was let go for about a week before he brought me back on and "apologized". Assuming he does the same thing again, what are my options if any?
|
i8u1n9y
|
i8twb9z
| 1,652,717,267 | 1,652,715,096 | 24 | 7 |
Not a lawyer, but this sounds like witness tampering, which some states classify as a crime even if it happens in civil cases. If I were in your shoes, I would contact my own lawyer, and have them communicate directly to your boss’ attorney. His attorney needs to be made aware of the fraudulent information, and would frankly be subject to major disciplinary action if he was complicit in your boss’ plan to compel you to perjure yourself. At the least, boss’ attorney does not appear to be doing his due diligence, so I would be suspicious of him as well. I am surprised the complaining party’s lawyer has not put the ex-employee on their witness list. If boss does not show up to court, that may be your moment to pull a hail Mary and confront boss’ attorney with the correct information. Again, I personally would not come to court that day without my own lawyer, because CYA. Edit for spelling.
|
You need to talk to an employment lawyer in your area (I know that’s a cop out when you are here seeking advice). You would be able to sue, as others have said, but there is a large caveat. A lot of causes of action for employment are limited to lost wages. This can easily make lawsuits not financially worth it. You’re obligated to mitigate the damages ( ie look for another job) and if you get another job you might be limited to the difference in wages. By the time you’re done paying lawyers there can be very very little left. This is one way employers continue to be brazen about law violations. However, many jurisdictions will permit punitive damages, so damages above just the wages you lost. But what you need to prove is often higher and more difficult. Understanding this distinction is probably why it would be worth talking to a lawyer briefly. They will be able to tell you more than “you can sue” and more about what would have to be provable to make it worth it.
| 1 | 2,171 | 3.428571 |
uqwhtn
|
legaladvice_train
| 0.97 |
My boss wants me to lie in court and I've told him I won't, he has threatened to fire me unless I make false testimony; if he does would I be able to take him to court for losses? Years ago my boss entered into a law suit with a 3rd party. Initially the lawsuit involved him, the person he was suing and being sued by, and another of his employees who was a witness. That employee has since left the business and he requested I take their place in court. (Note that the ex-employee and my boss are still extremely "close friends" and the ex-employee spends a great deal of time working for him 'for free' and attending dozens of hours of meetings for him unpaid). Since then he has been giving me page after page of false information, which I have tried to correct him on multiple times and he has ignored me and sent it to the lawyer regardless. He initially was going to let me meet the lawyer but has since completely shutdown communication between us, refusing me to allow to communicate with him unless he is present. He himself refuses to attend the court date as I am just finding out. This is a man that will fly for 10+ hours to sit in on a 1 hour meeting that has nothing to do with him. Years ago a similar issue had popped up where he wanted me to take the blame for something that I was not a part of and had fought him on. It escalated to the point where he threatened to fire me unless I was willing to take blame for the incident and say it was my idea. I refused and was let go for about a week before he brought me back on and "apologized". Assuming he does the same thing again, what are my options if any?
|
i8ul0hy
|
i8twb9z
| 1,652,724,953 | 1,652,715,096 | 11 | 7 |
Don't lie in court and perjure yourself. Tell the truth, and if necessary, expand on your answers to give context if you are unsure of your answer for any reason, including being intentionally deceived by false documents given to you by your boss. Unfortunately, if your boss wants to fire you, he can. However, you can treat this as retaliation, and a lawyer will be able to tell you exactly what damages you may be entitled to.
|
You need to talk to an employment lawyer in your area (I know that’s a cop out when you are here seeking advice). You would be able to sue, as others have said, but there is a large caveat. A lot of causes of action for employment are limited to lost wages. This can easily make lawsuits not financially worth it. You’re obligated to mitigate the damages ( ie look for another job) and if you get another job you might be limited to the difference in wages. By the time you’re done paying lawyers there can be very very little left. This is one way employers continue to be brazen about law violations. However, many jurisdictions will permit punitive damages, so damages above just the wages you lost. But what you need to prove is often higher and more difficult. Understanding this distinction is probably why it would be worth talking to a lawyer briefly. They will be able to tell you more than “you can sue” and more about what would have to be provable to make it worth it.
| 1 | 9,857 | 1.571429 |
uqwhtn
|
legaladvice_train
| 0.97 |
My boss wants me to lie in court and I've told him I won't, he has threatened to fire me unless I make false testimony; if he does would I be able to take him to court for losses? Years ago my boss entered into a law suit with a 3rd party. Initially the lawsuit involved him, the person he was suing and being sued by, and another of his employees who was a witness. That employee has since left the business and he requested I take their place in court. (Note that the ex-employee and my boss are still extremely "close friends" and the ex-employee spends a great deal of time working for him 'for free' and attending dozens of hours of meetings for him unpaid). Since then he has been giving me page after page of false information, which I have tried to correct him on multiple times and he has ignored me and sent it to the lawyer regardless. He initially was going to let me meet the lawyer but has since completely shutdown communication between us, refusing me to allow to communicate with him unless he is present. He himself refuses to attend the court date as I am just finding out. This is a man that will fly for 10+ hours to sit in on a 1 hour meeting that has nothing to do with him. Years ago a similar issue had popped up where he wanted me to take the blame for something that I was not a part of and had fought him on. It escalated to the point where he threatened to fire me unless I was willing to take blame for the incident and say it was my idea. I refused and was let go for about a week before he brought me back on and "apologized". Assuming he does the same thing again, what are my options if any?
|
i8twb9z
|
i8v6f0b
| 1,652,715,096 | 1,652,733,687 | 7 | 9 |
You need to talk to an employment lawyer in your area (I know that’s a cop out when you are here seeking advice). You would be able to sue, as others have said, but there is a large caveat. A lot of causes of action for employment are limited to lost wages. This can easily make lawsuits not financially worth it. You’re obligated to mitigate the damages ( ie look for another job) and if you get another job you might be limited to the difference in wages. By the time you’re done paying lawyers there can be very very little left. This is one way employers continue to be brazen about law violations. However, many jurisdictions will permit punitive damages, so damages above just the wages you lost. But what you need to prove is often higher and more difficult. Understanding this distinction is probably why it would be worth talking to a lawyer briefly. They will be able to tell you more than “you can sue” and more about what would have to be provable to make it worth it.
|
A lawyer can't put you on the witness stand if he or she knows you're going to lie. That's why your boss won't let you speak to the lawyer. If I were you, I would not lie on the witness stand. It's a crime. Sounds like you're in a no-win situation if your job depends on lying, in which case you need your own attorney.
| 0 | 18,591 | 1.285714 |
ososx0
|
legaladvice_train
| 0.93 |
I became sensitized to chemicals at my workplace and contracted acute full-body contact dermatitis, ultimately visiting urgent care 7 times in 2 months. When my boss's boss became aware, I was fired within a week for a "cell phone violation", and denied unemployment. Do I have any options? Hola, amigos! I never thought I'd be in a situation like this, but here we are. Last September, I started a contract job for an industrial chemicals company at a Big 3 engine production facility via an employment agency. It was a good job, the best one I've worked so far. Unfortunately, as described in the title, it didn't work out, and I incurred ongoing health issues that affected me for many months. I'll outline a brief summary of pertinent events. **Timeline** **2nd week of November** \- While job shadowing with a trained technician, we need to make a chemical add of Bioside 15 to a coolant tank in the plant. Bioside is some nasty stuff, hence the name: "Kill life". My coworker informed me that we're technically supposed to wear full-body Tyvek suits while handling it, but said that he hates doing that because it's uncomfortable, he's been handling Bioside for 10 years without issues, and as long as we're really careful, we'll be fine. I made a big mistake, and I listened to him. So we handled the Bioside with face shields, safety glasses, and elbow-length chemical gloves. I have no memory of any chemicals contacting my skin, but somehow I must have made contact with the Bioside, as we shall see. \- The next morning, I notice some skin irritation on my right forearm. I show my coworker, and ask him if it's related to the Bioside. He suggests thoroughly washing the affected area, and applying hydrocortisone to be safe. I follow his advice. \- Over the weekend, my forearm breaks out in awful rashes and swells considerably, up to twice its normal size. At this point, I'm very concerned. I text my boss a picture of my forearm, and tell him I think it may be related to the Bioside addition. He questions me, asking whether it could be related to anything else. He also suggests visiting urgent care, which I do on that day. At the urgent care clinic, I report my visit as a work-related injury, and list the chemical company as my employer (mistake, because technically I was employed by a temp agency). The doctor at urgent care diagnoses me with contact dermatitis, and prescribes with cream (I can't remember the exact kind), and steroids. **December-January** \- After visiting urgent care and receiving prescribed treatment options, I felt hopeful. But unfortunately, my condition worsened. Rashes spread to my left forearm, and eventually, over my entire body. I had rashes on my stomach, my neck, my back, my thighs, my calves, my feet. It was awful; I looked and felt miserable. I told my boss what was happening, and re-visited urgent care. We all hoped that treatment would solve the issue. And steroids did eventually calm the swelling (my coworker said I looked like Popeye). But the rashes lingered. They worsened during the work week, and improved over the weekends. And over Christmas week and New Year's week, the rashes nearly disappeared. This period coincided with downtime for the plant, so at this point I was not handling chemicals for over two weeks. For context: About half of our jobs as technicians consisted of washing down engine components with mineral spirits for quality testing. After it became clear that my rashes were affecting my entire body, I began wearing full-body Tyvek suits, face shields, double (if not triple) gloves, and I washed my hands thoroughly after every instance of handling chemicals. I should note that my coworkers only wore gloves and safety glasses, but otherwise performed the parts washing in short-sleeve polo shirts. I did the same up until my dermatitis outbreak, and never experienced any deleterious effects before my (likely) Bioside exposure. \- Unfortunately, my symptoms returned after production resumed in January. I felt afraid, because this was the best job I'd ever had, and I really needed the money, so I didn't want to concede that I might be unable to work the job. But at this point, I realized that the chemicals I worked with must be causing the ongoing issues. I held out hope for a couple of weeks, and even told my boss that my skin is improving when he asks (wishful thinking), but eventually, I reached my breaking point. I was feeling stressed and overwhelmed, and eventually, I called off work, telling my boss I needed to return to urgent care and solve this issue, if possible. This is when matters really ramped up. **Last week of January** \- After calling off work and telling my boss the reason, my boss contacted his boss. This is when the trouble began. Though my boss had known about my condition since November, neither of us had formally reported the incident to anyone, besides urgent care. We felt hopeful that it wasn't chemical-related, since I couldn't remember contacting the Bioside, and felt optimistic that it would resolve itself with treatment. But once it became abundantly clear that it *was* related to work and wasn't improving, and it was reported to higher-ups, this was management's immediate reaction: Fire me, immediately. My boss informed me that this was going on, and that his bosses wanted me gone. \- During this same week, my boss and I met virtually with a safety and compliance officer with the company, who proceeded to berate us and try to establish any sort of causation that might cast doubt on whether my injuries were work-related. He lambasted us for not following the exact company procedure for workplace incidents (we were supposed to call a number, apparently; I'd never been injured on the job before, so I thought going to urgent care, reporting the injury as workplace related to the clinic, and telling my boss/coworkers would be sufficient). To be honest, I thoroughly disliked this man. I got the acute sense that he was trying to allay blame from the company at all costs. Some additional context: One of my coworkers (the same one I'd made the bioside add with) had spilled liquid propane on his hand a few weeks prior, which necessitated an urgent-care visit for second-degree burns. And we'd also experienced an acid waste container exploding overnight (for whatever reason, the company always stored its acid waste containers out in the open air), which could've caused serious injuries if anyone were present. So at this point, the company higher-ups are asking serious questions about the safety protocols at my workplace. My boss informed me that *his* job might be in jeopardy. \- My boss took me off all parts washing duties, and assigned me to chemical testing (titrations, mainly), in order to eliminate exposure to the mineral spirits. On Thursday, he joined me in the lab for an extended period. He told me that his bosses were exerting considerable pressure on him to fire me, but that he was fighting for me, because he saw me as a "great engineer for this company in a year or two" (I have a chemical engineering degree). He told me to buy new steel-toed boots, to ensure that my ankles were covered. I complied that evening, texting him a picture of the boots to make sure they were appropriate. He actually called the shoe store to ensure that the boots were paid for with the company voucher. He then texted me, "Sorry for wasting your time". \- Upon arriving home on Friday night after work, I received a phone call from the temp agency. The chemical company had terminated my contract, citing a "cell phone violation". And that was that. I genuinely felt stunned. I should note that I'm sure I *did* violate their cell phone policy at some point; phone usage was prohibited on the manufacturing floor...yet *everyone* used their cell phones on the manufacturing floor. Forklift drivers, machine operators, line workers...I'm struggling to think of anyone who *didn't* violate their cell phone policy. My own coworkers in the chemical company often sat on their cell phones for hours at a time on any given day, as I did. Basically, if the company wanted to, they could fire anybody for the exact same "offense". Fired on a technicality.... I was denied unemployment, which really hurt. \- I remained in contact with nearly all of my coworkers, four of whom agreed to be job references. One of my former coworkers informed that our boss told the team that he'd had no choice but to get rid of me, because his bosses informed him his career was in jeopardy if he didn't. Apparently my boss felt very upset over the whole situation. I apologize for the length of this post, but I really needed to cover all the requisite ground. So, to summarize... **Here's what I can prove** **-** I have extensive text messages from my boss and coworkers that definitively establish that they all knew about my injuries in November. \- I have pictures of the initial outbreak. \- I have urgent care visit records, for all **7** of my visits. For reference, here are some pertinent photos of my arm and text screenshots. **Here's what I can't prove** \- The conversations with my boss about his bosses wanting me fired were all verbal, unfortunately. I have no proof. \- I can't 100% prove the exact cause of the dermatitis, but frankly, I'd say it's beyond a reasonable doubt. My condition immediately improved after long work breaks, and after being fired. Although it lingered on my legs for months afterwards, it never worsened after January, and cleared up quickly in all other locations on my body. \- I can't prove that I wasn't at fault for some sort of OSHA violation with the initial exposure. Yes, my coworker told me we were fine to forego Tyvek suits, but ultimately I had the power to insist that we wear them. Instead, I chose to trust his judgment, which was a big mistake. So while you could argue that I was acting reasonably to trust my coworker's experience and judgment, I can't deny that I could conceivably be nailed on this point. \- I can't prove that I was fired because of the dermatitis. Unfortunately, on technical grounds, I'm quite sure I probably did violate their cell phone policy. Which sucks, because that's a technicality, but it is what it is. Although I will note that they never cited a specific incident which violated their policy; so perhaps I shouldn't have acknowledged that reason on my unemployment application, without first establishing *exactly* what incident they were referring to. **My question for** /r/legaladvice**:** Do I have *any* good options here? I am *not* the litigious type, but I missed out on $7,000 in unemployment during the three months I was out of work, which really hurts. I've only got $1300 in the bank, because I nearly ran out of money without the unemployment. And I ultimately took a job that I wasn't sure about as a result of badly needing money. So that's an unfortunate ripple effect too. My friend works as an employment lawyer, and told me that he feels I probably have a strong case for wrongful termination or disability discrimination. And he's promised to get me in touch with a friend of his who also specializes in employment law, as he obviously can't represent me himself. I'm not interested in lawsuits if they can be avoided. Really, I'd just like to get my unemployment money if at all possible. While I'm quite confident that I was fired illegitimately, and my proof should absolutely be sufficient for anyone on the street, I worry that I don't have ironclad evidence that would hold up in a court of law. I also lack funds to even pay a lawyer, too, which is very unfortunate. I'm kind of stuck here. **TL;DR:** Fired on a technicality. Do I have any options?
|
h6pwp1u
|
h6q3njm
| 1,627,401,205 | 1,627,404,240 | 56 | 111 |
I disagree with your friend, but I'm not an attorney. You were a repeat violator of company policy, cell phone and PPE. Seems very reasonable to terminate. You can appeal your unemployment decision and get a consult from an employment attorney, but I would not hold my breath. Your employer has a very good argument that you failed to follow company policy on multiple occasions.
|
Way too many specific issues here. You should talk to an attorney who deals with both workers compensation & employment law.
| 0 | 3,035 | 1.982143 |
ososx0
|
legaladvice_train
| 0.93 |
I became sensitized to chemicals at my workplace and contracted acute full-body contact dermatitis, ultimately visiting urgent care 7 times in 2 months. When my boss's boss became aware, I was fired within a week for a "cell phone violation", and denied unemployment. Do I have any options? Hola, amigos! I never thought I'd be in a situation like this, but here we are. Last September, I started a contract job for an industrial chemicals company at a Big 3 engine production facility via an employment agency. It was a good job, the best one I've worked so far. Unfortunately, as described in the title, it didn't work out, and I incurred ongoing health issues that affected me for many months. I'll outline a brief summary of pertinent events. **Timeline** **2nd week of November** \- While job shadowing with a trained technician, we need to make a chemical add of Bioside 15 to a coolant tank in the plant. Bioside is some nasty stuff, hence the name: "Kill life". My coworker informed me that we're technically supposed to wear full-body Tyvek suits while handling it, but said that he hates doing that because it's uncomfortable, he's been handling Bioside for 10 years without issues, and as long as we're really careful, we'll be fine. I made a big mistake, and I listened to him. So we handled the Bioside with face shields, safety glasses, and elbow-length chemical gloves. I have no memory of any chemicals contacting my skin, but somehow I must have made contact with the Bioside, as we shall see. \- The next morning, I notice some skin irritation on my right forearm. I show my coworker, and ask him if it's related to the Bioside. He suggests thoroughly washing the affected area, and applying hydrocortisone to be safe. I follow his advice. \- Over the weekend, my forearm breaks out in awful rashes and swells considerably, up to twice its normal size. At this point, I'm very concerned. I text my boss a picture of my forearm, and tell him I think it may be related to the Bioside addition. He questions me, asking whether it could be related to anything else. He also suggests visiting urgent care, which I do on that day. At the urgent care clinic, I report my visit as a work-related injury, and list the chemical company as my employer (mistake, because technically I was employed by a temp agency). The doctor at urgent care diagnoses me with contact dermatitis, and prescribes with cream (I can't remember the exact kind), and steroids. **December-January** \- After visiting urgent care and receiving prescribed treatment options, I felt hopeful. But unfortunately, my condition worsened. Rashes spread to my left forearm, and eventually, over my entire body. I had rashes on my stomach, my neck, my back, my thighs, my calves, my feet. It was awful; I looked and felt miserable. I told my boss what was happening, and re-visited urgent care. We all hoped that treatment would solve the issue. And steroids did eventually calm the swelling (my coworker said I looked like Popeye). But the rashes lingered. They worsened during the work week, and improved over the weekends. And over Christmas week and New Year's week, the rashes nearly disappeared. This period coincided with downtime for the plant, so at this point I was not handling chemicals for over two weeks. For context: About half of our jobs as technicians consisted of washing down engine components with mineral spirits for quality testing. After it became clear that my rashes were affecting my entire body, I began wearing full-body Tyvek suits, face shields, double (if not triple) gloves, and I washed my hands thoroughly after every instance of handling chemicals. I should note that my coworkers only wore gloves and safety glasses, but otherwise performed the parts washing in short-sleeve polo shirts. I did the same up until my dermatitis outbreak, and never experienced any deleterious effects before my (likely) Bioside exposure. \- Unfortunately, my symptoms returned after production resumed in January. I felt afraid, because this was the best job I'd ever had, and I really needed the money, so I didn't want to concede that I might be unable to work the job. But at this point, I realized that the chemicals I worked with must be causing the ongoing issues. I held out hope for a couple of weeks, and even told my boss that my skin is improving when he asks (wishful thinking), but eventually, I reached my breaking point. I was feeling stressed and overwhelmed, and eventually, I called off work, telling my boss I needed to return to urgent care and solve this issue, if possible. This is when matters really ramped up. **Last week of January** \- After calling off work and telling my boss the reason, my boss contacted his boss. This is when the trouble began. Though my boss had known about my condition since November, neither of us had formally reported the incident to anyone, besides urgent care. We felt hopeful that it wasn't chemical-related, since I couldn't remember contacting the Bioside, and felt optimistic that it would resolve itself with treatment. But once it became abundantly clear that it *was* related to work and wasn't improving, and it was reported to higher-ups, this was management's immediate reaction: Fire me, immediately. My boss informed me that this was going on, and that his bosses wanted me gone. \- During this same week, my boss and I met virtually with a safety and compliance officer with the company, who proceeded to berate us and try to establish any sort of causation that might cast doubt on whether my injuries were work-related. He lambasted us for not following the exact company procedure for workplace incidents (we were supposed to call a number, apparently; I'd never been injured on the job before, so I thought going to urgent care, reporting the injury as workplace related to the clinic, and telling my boss/coworkers would be sufficient). To be honest, I thoroughly disliked this man. I got the acute sense that he was trying to allay blame from the company at all costs. Some additional context: One of my coworkers (the same one I'd made the bioside add with) had spilled liquid propane on his hand a few weeks prior, which necessitated an urgent-care visit for second-degree burns. And we'd also experienced an acid waste container exploding overnight (for whatever reason, the company always stored its acid waste containers out in the open air), which could've caused serious injuries if anyone were present. So at this point, the company higher-ups are asking serious questions about the safety protocols at my workplace. My boss informed me that *his* job might be in jeopardy. \- My boss took me off all parts washing duties, and assigned me to chemical testing (titrations, mainly), in order to eliminate exposure to the mineral spirits. On Thursday, he joined me in the lab for an extended period. He told me that his bosses were exerting considerable pressure on him to fire me, but that he was fighting for me, because he saw me as a "great engineer for this company in a year or two" (I have a chemical engineering degree). He told me to buy new steel-toed boots, to ensure that my ankles were covered. I complied that evening, texting him a picture of the boots to make sure they were appropriate. He actually called the shoe store to ensure that the boots were paid for with the company voucher. He then texted me, "Sorry for wasting your time". \- Upon arriving home on Friday night after work, I received a phone call from the temp agency. The chemical company had terminated my contract, citing a "cell phone violation". And that was that. I genuinely felt stunned. I should note that I'm sure I *did* violate their cell phone policy at some point; phone usage was prohibited on the manufacturing floor...yet *everyone* used their cell phones on the manufacturing floor. Forklift drivers, machine operators, line workers...I'm struggling to think of anyone who *didn't* violate their cell phone policy. My own coworkers in the chemical company often sat on their cell phones for hours at a time on any given day, as I did. Basically, if the company wanted to, they could fire anybody for the exact same "offense". Fired on a technicality.... I was denied unemployment, which really hurt. \- I remained in contact with nearly all of my coworkers, four of whom agreed to be job references. One of my former coworkers informed that our boss told the team that he'd had no choice but to get rid of me, because his bosses informed him his career was in jeopardy if he didn't. Apparently my boss felt very upset over the whole situation. I apologize for the length of this post, but I really needed to cover all the requisite ground. So, to summarize... **Here's what I can prove** **-** I have extensive text messages from my boss and coworkers that definitively establish that they all knew about my injuries in November. \- I have pictures of the initial outbreak. \- I have urgent care visit records, for all **7** of my visits. For reference, here are some pertinent photos of my arm and text screenshots. **Here's what I can't prove** \- The conversations with my boss about his bosses wanting me fired were all verbal, unfortunately. I have no proof. \- I can't 100% prove the exact cause of the dermatitis, but frankly, I'd say it's beyond a reasonable doubt. My condition immediately improved after long work breaks, and after being fired. Although it lingered on my legs for months afterwards, it never worsened after January, and cleared up quickly in all other locations on my body. \- I can't prove that I wasn't at fault for some sort of OSHA violation with the initial exposure. Yes, my coworker told me we were fine to forego Tyvek suits, but ultimately I had the power to insist that we wear them. Instead, I chose to trust his judgment, which was a big mistake. So while you could argue that I was acting reasonably to trust my coworker's experience and judgment, I can't deny that I could conceivably be nailed on this point. \- I can't prove that I was fired because of the dermatitis. Unfortunately, on technical grounds, I'm quite sure I probably did violate their cell phone policy. Which sucks, because that's a technicality, but it is what it is. Although I will note that they never cited a specific incident which violated their policy; so perhaps I shouldn't have acknowledged that reason on my unemployment application, without first establishing *exactly* what incident they were referring to. **My question for** /r/legaladvice**:** Do I have *any* good options here? I am *not* the litigious type, but I missed out on $7,000 in unemployment during the three months I was out of work, which really hurts. I've only got $1300 in the bank, because I nearly ran out of money without the unemployment. And I ultimately took a job that I wasn't sure about as a result of badly needing money. So that's an unfortunate ripple effect too. My friend works as an employment lawyer, and told me that he feels I probably have a strong case for wrongful termination or disability discrimination. And he's promised to get me in touch with a friend of his who also specializes in employment law, as he obviously can't represent me himself. I'm not interested in lawsuits if they can be avoided. Really, I'd just like to get my unemployment money if at all possible. While I'm quite confident that I was fired illegitimately, and my proof should absolutely be sufficient for anyone on the street, I worry that I don't have ironclad evidence that would hold up in a court of law. I also lack funds to even pay a lawyer, too, which is very unfortunate. I'm kind of stuck here. **TL;DR:** Fired on a technicality. Do I have any options?
|
h6q62dr
|
h6qj7bn
| 1,627,405,263 | 1,627,410,927 | 15 | 29 |
If your friend is setting you up with a meeting, absolutely take the meeting. Keep in mind; the standard in civil cases is different from criminal cases. You do not have to prove your side beyond all reasonable doubt. You just need a preponderance of evidence, which is a much easier threshold to hit. I'm not qualified to say whether the evidence you have is enough to build a strong case, but you certainly have enough that you should be letting a qualified attorney make that call. Further, you can decide whether or not you're a litigious person *after* your friends buddy gives you a rundown of his confidence, and what to expect. You can always turn down action after hearing his opinion. Even if you're not able to get a free consultation, for peace of mind alone, a few hundred dollars for an initial chat would probably be well worth it. If nothing else, this whole place sounds like an OSHA field day. If John was trained properly, and refused to wear ppe while out of sight, that's a John problem. But that's not what happened here. The culture is ingrained to the point that you were trained with confidence that required PPE wasnt necessary. That's a company problem, and is likely to result in serious injury or death. I would take guidance before filing a complaint, but if you do decide against pursuing this, I would absolutely file an OSHA complaint.
|
Speak with a workers compensation attorney. In most jurisdictions, fault does not matter. If your injury is industrially related, you have a claim.
| 0 | 5,664 | 1.933333 |
ososx0
|
legaladvice_train
| 0.93 |
I became sensitized to chemicals at my workplace and contracted acute full-body contact dermatitis, ultimately visiting urgent care 7 times in 2 months. When my boss's boss became aware, I was fired within a week for a "cell phone violation", and denied unemployment. Do I have any options? Hola, amigos! I never thought I'd be in a situation like this, but here we are. Last September, I started a contract job for an industrial chemicals company at a Big 3 engine production facility via an employment agency. It was a good job, the best one I've worked so far. Unfortunately, as described in the title, it didn't work out, and I incurred ongoing health issues that affected me for many months. I'll outline a brief summary of pertinent events. **Timeline** **2nd week of November** \- While job shadowing with a trained technician, we need to make a chemical add of Bioside 15 to a coolant tank in the plant. Bioside is some nasty stuff, hence the name: "Kill life". My coworker informed me that we're technically supposed to wear full-body Tyvek suits while handling it, but said that he hates doing that because it's uncomfortable, he's been handling Bioside for 10 years without issues, and as long as we're really careful, we'll be fine. I made a big mistake, and I listened to him. So we handled the Bioside with face shields, safety glasses, and elbow-length chemical gloves. I have no memory of any chemicals contacting my skin, but somehow I must have made contact with the Bioside, as we shall see. \- The next morning, I notice some skin irritation on my right forearm. I show my coworker, and ask him if it's related to the Bioside. He suggests thoroughly washing the affected area, and applying hydrocortisone to be safe. I follow his advice. \- Over the weekend, my forearm breaks out in awful rashes and swells considerably, up to twice its normal size. At this point, I'm very concerned. I text my boss a picture of my forearm, and tell him I think it may be related to the Bioside addition. He questions me, asking whether it could be related to anything else. He also suggests visiting urgent care, which I do on that day. At the urgent care clinic, I report my visit as a work-related injury, and list the chemical company as my employer (mistake, because technically I was employed by a temp agency). The doctor at urgent care diagnoses me with contact dermatitis, and prescribes with cream (I can't remember the exact kind), and steroids. **December-January** \- After visiting urgent care and receiving prescribed treatment options, I felt hopeful. But unfortunately, my condition worsened. Rashes spread to my left forearm, and eventually, over my entire body. I had rashes on my stomach, my neck, my back, my thighs, my calves, my feet. It was awful; I looked and felt miserable. I told my boss what was happening, and re-visited urgent care. We all hoped that treatment would solve the issue. And steroids did eventually calm the swelling (my coworker said I looked like Popeye). But the rashes lingered. They worsened during the work week, and improved over the weekends. And over Christmas week and New Year's week, the rashes nearly disappeared. This period coincided with downtime for the plant, so at this point I was not handling chemicals for over two weeks. For context: About half of our jobs as technicians consisted of washing down engine components with mineral spirits for quality testing. After it became clear that my rashes were affecting my entire body, I began wearing full-body Tyvek suits, face shields, double (if not triple) gloves, and I washed my hands thoroughly after every instance of handling chemicals. I should note that my coworkers only wore gloves and safety glasses, but otherwise performed the parts washing in short-sleeve polo shirts. I did the same up until my dermatitis outbreak, and never experienced any deleterious effects before my (likely) Bioside exposure. \- Unfortunately, my symptoms returned after production resumed in January. I felt afraid, because this was the best job I'd ever had, and I really needed the money, so I didn't want to concede that I might be unable to work the job. But at this point, I realized that the chemicals I worked with must be causing the ongoing issues. I held out hope for a couple of weeks, and even told my boss that my skin is improving when he asks (wishful thinking), but eventually, I reached my breaking point. I was feeling stressed and overwhelmed, and eventually, I called off work, telling my boss I needed to return to urgent care and solve this issue, if possible. This is when matters really ramped up. **Last week of January** \- After calling off work and telling my boss the reason, my boss contacted his boss. This is when the trouble began. Though my boss had known about my condition since November, neither of us had formally reported the incident to anyone, besides urgent care. We felt hopeful that it wasn't chemical-related, since I couldn't remember contacting the Bioside, and felt optimistic that it would resolve itself with treatment. But once it became abundantly clear that it *was* related to work and wasn't improving, and it was reported to higher-ups, this was management's immediate reaction: Fire me, immediately. My boss informed me that this was going on, and that his bosses wanted me gone. \- During this same week, my boss and I met virtually with a safety and compliance officer with the company, who proceeded to berate us and try to establish any sort of causation that might cast doubt on whether my injuries were work-related. He lambasted us for not following the exact company procedure for workplace incidents (we were supposed to call a number, apparently; I'd never been injured on the job before, so I thought going to urgent care, reporting the injury as workplace related to the clinic, and telling my boss/coworkers would be sufficient). To be honest, I thoroughly disliked this man. I got the acute sense that he was trying to allay blame from the company at all costs. Some additional context: One of my coworkers (the same one I'd made the bioside add with) had spilled liquid propane on his hand a few weeks prior, which necessitated an urgent-care visit for second-degree burns. And we'd also experienced an acid waste container exploding overnight (for whatever reason, the company always stored its acid waste containers out in the open air), which could've caused serious injuries if anyone were present. So at this point, the company higher-ups are asking serious questions about the safety protocols at my workplace. My boss informed me that *his* job might be in jeopardy. \- My boss took me off all parts washing duties, and assigned me to chemical testing (titrations, mainly), in order to eliminate exposure to the mineral spirits. On Thursday, he joined me in the lab for an extended period. He told me that his bosses were exerting considerable pressure on him to fire me, but that he was fighting for me, because he saw me as a "great engineer for this company in a year or two" (I have a chemical engineering degree). He told me to buy new steel-toed boots, to ensure that my ankles were covered. I complied that evening, texting him a picture of the boots to make sure they were appropriate. He actually called the shoe store to ensure that the boots were paid for with the company voucher. He then texted me, "Sorry for wasting your time". \- Upon arriving home on Friday night after work, I received a phone call from the temp agency. The chemical company had terminated my contract, citing a "cell phone violation". And that was that. I genuinely felt stunned. I should note that I'm sure I *did* violate their cell phone policy at some point; phone usage was prohibited on the manufacturing floor...yet *everyone* used their cell phones on the manufacturing floor. Forklift drivers, machine operators, line workers...I'm struggling to think of anyone who *didn't* violate their cell phone policy. My own coworkers in the chemical company often sat on their cell phones for hours at a time on any given day, as I did. Basically, if the company wanted to, they could fire anybody for the exact same "offense". Fired on a technicality.... I was denied unemployment, which really hurt. \- I remained in contact with nearly all of my coworkers, four of whom agreed to be job references. One of my former coworkers informed that our boss told the team that he'd had no choice but to get rid of me, because his bosses informed him his career was in jeopardy if he didn't. Apparently my boss felt very upset over the whole situation. I apologize for the length of this post, but I really needed to cover all the requisite ground. So, to summarize... **Here's what I can prove** **-** I have extensive text messages from my boss and coworkers that definitively establish that they all knew about my injuries in November. \- I have pictures of the initial outbreak. \- I have urgent care visit records, for all **7** of my visits. For reference, here are some pertinent photos of my arm and text screenshots. **Here's what I can't prove** \- The conversations with my boss about his bosses wanting me fired were all verbal, unfortunately. I have no proof. \- I can't 100% prove the exact cause of the dermatitis, but frankly, I'd say it's beyond a reasonable doubt. My condition immediately improved after long work breaks, and after being fired. Although it lingered on my legs for months afterwards, it never worsened after January, and cleared up quickly in all other locations on my body. \- I can't prove that I wasn't at fault for some sort of OSHA violation with the initial exposure. Yes, my coworker told me we were fine to forego Tyvek suits, but ultimately I had the power to insist that we wear them. Instead, I chose to trust his judgment, which was a big mistake. So while you could argue that I was acting reasonably to trust my coworker's experience and judgment, I can't deny that I could conceivably be nailed on this point. \- I can't prove that I was fired because of the dermatitis. Unfortunately, on technical grounds, I'm quite sure I probably did violate their cell phone policy. Which sucks, because that's a technicality, but it is what it is. Although I will note that they never cited a specific incident which violated their policy; so perhaps I shouldn't have acknowledged that reason on my unemployment application, without first establishing *exactly* what incident they were referring to. **My question for** /r/legaladvice**:** Do I have *any* good options here? I am *not* the litigious type, but I missed out on $7,000 in unemployment during the three months I was out of work, which really hurts. I've only got $1300 in the bank, because I nearly ran out of money without the unemployment. And I ultimately took a job that I wasn't sure about as a result of badly needing money. So that's an unfortunate ripple effect too. My friend works as an employment lawyer, and told me that he feels I probably have a strong case for wrongful termination or disability discrimination. And he's promised to get me in touch with a friend of his who also specializes in employment law, as he obviously can't represent me himself. I'm not interested in lawsuits if they can be avoided. Really, I'd just like to get my unemployment money if at all possible. While I'm quite confident that I was fired illegitimately, and my proof should absolutely be sufficient for anyone on the street, I worry that I don't have ironclad evidence that would hold up in a court of law. I also lack funds to even pay a lawyer, too, which is very unfortunate. I'm kind of stuck here. **TL;DR:** Fired on a technicality. Do I have any options?
|
h6qso83
|
h6qmdr7
| 1,627,415,097 | 1,627,412,318 | 8 | 4 |
I’m a worker’s compensation adjuster. Depending on your state, you have some time to file a claim. It’s a year in my state. Most workers comp attorneys take 20-25% of any settlement. It depends on what you want. I’d separate the workers comp and employment issues. Right now I don’t even know that you would need an attorney for WC but you can certainly hire one down the road. Contact your HR, tell them you need to file a claim for worker’s compensation and ask them to send you the form. IMPORTANT: know what company is covering your WC. You can also contact them directly. Next time you go to the doctor tell them you are treating for a WC injury and need them to file your chart notes as such. At least from there you will not be asked to pay out of pocket for your medical care ETA you can also submit bills for reimbursement like mileage to and from medical appointments, anything you bought for your injury like creams or bathing items. Ask you adjuster about compensation for days you couldn’t work due to your injury. Ask your dr if there were any work releases on file.
|
Call an employment lawyer now. They can protect your unemployment and address the false excuse for firing. As a contract employee your rights are probably different than a full time employee. But also consider this. File a workman’s comp claim so they pay for your treatments and hopefully time to heal. I’m not sure where your standing is under WC but see an employment lawyer to protect yourself. And see what you can do in future situations for protection.
| 1 | 2,779 | 2 |
ososx0
|
legaladvice_train
| 0.93 |
I became sensitized to chemicals at my workplace and contracted acute full-body contact dermatitis, ultimately visiting urgent care 7 times in 2 months. When my boss's boss became aware, I was fired within a week for a "cell phone violation", and denied unemployment. Do I have any options? Hola, amigos! I never thought I'd be in a situation like this, but here we are. Last September, I started a contract job for an industrial chemicals company at a Big 3 engine production facility via an employment agency. It was a good job, the best one I've worked so far. Unfortunately, as described in the title, it didn't work out, and I incurred ongoing health issues that affected me for many months. I'll outline a brief summary of pertinent events. **Timeline** **2nd week of November** \- While job shadowing with a trained technician, we need to make a chemical add of Bioside 15 to a coolant tank in the plant. Bioside is some nasty stuff, hence the name: "Kill life". My coworker informed me that we're technically supposed to wear full-body Tyvek suits while handling it, but said that he hates doing that because it's uncomfortable, he's been handling Bioside for 10 years without issues, and as long as we're really careful, we'll be fine. I made a big mistake, and I listened to him. So we handled the Bioside with face shields, safety glasses, and elbow-length chemical gloves. I have no memory of any chemicals contacting my skin, but somehow I must have made contact with the Bioside, as we shall see. \- The next morning, I notice some skin irritation on my right forearm. I show my coworker, and ask him if it's related to the Bioside. He suggests thoroughly washing the affected area, and applying hydrocortisone to be safe. I follow his advice. \- Over the weekend, my forearm breaks out in awful rashes and swells considerably, up to twice its normal size. At this point, I'm very concerned. I text my boss a picture of my forearm, and tell him I think it may be related to the Bioside addition. He questions me, asking whether it could be related to anything else. He also suggests visiting urgent care, which I do on that day. At the urgent care clinic, I report my visit as a work-related injury, and list the chemical company as my employer (mistake, because technically I was employed by a temp agency). The doctor at urgent care diagnoses me with contact dermatitis, and prescribes with cream (I can't remember the exact kind), and steroids. **December-January** \- After visiting urgent care and receiving prescribed treatment options, I felt hopeful. But unfortunately, my condition worsened. Rashes spread to my left forearm, and eventually, over my entire body. I had rashes on my stomach, my neck, my back, my thighs, my calves, my feet. It was awful; I looked and felt miserable. I told my boss what was happening, and re-visited urgent care. We all hoped that treatment would solve the issue. And steroids did eventually calm the swelling (my coworker said I looked like Popeye). But the rashes lingered. They worsened during the work week, and improved over the weekends. And over Christmas week and New Year's week, the rashes nearly disappeared. This period coincided with downtime for the plant, so at this point I was not handling chemicals for over two weeks. For context: About half of our jobs as technicians consisted of washing down engine components with mineral spirits for quality testing. After it became clear that my rashes were affecting my entire body, I began wearing full-body Tyvek suits, face shields, double (if not triple) gloves, and I washed my hands thoroughly after every instance of handling chemicals. I should note that my coworkers only wore gloves and safety glasses, but otherwise performed the parts washing in short-sleeve polo shirts. I did the same up until my dermatitis outbreak, and never experienced any deleterious effects before my (likely) Bioside exposure. \- Unfortunately, my symptoms returned after production resumed in January. I felt afraid, because this was the best job I'd ever had, and I really needed the money, so I didn't want to concede that I might be unable to work the job. But at this point, I realized that the chemicals I worked with must be causing the ongoing issues. I held out hope for a couple of weeks, and even told my boss that my skin is improving when he asks (wishful thinking), but eventually, I reached my breaking point. I was feeling stressed and overwhelmed, and eventually, I called off work, telling my boss I needed to return to urgent care and solve this issue, if possible. This is when matters really ramped up. **Last week of January** \- After calling off work and telling my boss the reason, my boss contacted his boss. This is when the trouble began. Though my boss had known about my condition since November, neither of us had formally reported the incident to anyone, besides urgent care. We felt hopeful that it wasn't chemical-related, since I couldn't remember contacting the Bioside, and felt optimistic that it would resolve itself with treatment. But once it became abundantly clear that it *was* related to work and wasn't improving, and it was reported to higher-ups, this was management's immediate reaction: Fire me, immediately. My boss informed me that this was going on, and that his bosses wanted me gone. \- During this same week, my boss and I met virtually with a safety and compliance officer with the company, who proceeded to berate us and try to establish any sort of causation that might cast doubt on whether my injuries were work-related. He lambasted us for not following the exact company procedure for workplace incidents (we were supposed to call a number, apparently; I'd never been injured on the job before, so I thought going to urgent care, reporting the injury as workplace related to the clinic, and telling my boss/coworkers would be sufficient). To be honest, I thoroughly disliked this man. I got the acute sense that he was trying to allay blame from the company at all costs. Some additional context: One of my coworkers (the same one I'd made the bioside add with) had spilled liquid propane on his hand a few weeks prior, which necessitated an urgent-care visit for second-degree burns. And we'd also experienced an acid waste container exploding overnight (for whatever reason, the company always stored its acid waste containers out in the open air), which could've caused serious injuries if anyone were present. So at this point, the company higher-ups are asking serious questions about the safety protocols at my workplace. My boss informed me that *his* job might be in jeopardy. \- My boss took me off all parts washing duties, and assigned me to chemical testing (titrations, mainly), in order to eliminate exposure to the mineral spirits. On Thursday, he joined me in the lab for an extended period. He told me that his bosses were exerting considerable pressure on him to fire me, but that he was fighting for me, because he saw me as a "great engineer for this company in a year or two" (I have a chemical engineering degree). He told me to buy new steel-toed boots, to ensure that my ankles were covered. I complied that evening, texting him a picture of the boots to make sure they were appropriate. He actually called the shoe store to ensure that the boots were paid for with the company voucher. He then texted me, "Sorry for wasting your time". \- Upon arriving home on Friday night after work, I received a phone call from the temp agency. The chemical company had terminated my contract, citing a "cell phone violation". And that was that. I genuinely felt stunned. I should note that I'm sure I *did* violate their cell phone policy at some point; phone usage was prohibited on the manufacturing floor...yet *everyone* used their cell phones on the manufacturing floor. Forklift drivers, machine operators, line workers...I'm struggling to think of anyone who *didn't* violate their cell phone policy. My own coworkers in the chemical company often sat on their cell phones for hours at a time on any given day, as I did. Basically, if the company wanted to, they could fire anybody for the exact same "offense". Fired on a technicality.... I was denied unemployment, which really hurt. \- I remained in contact with nearly all of my coworkers, four of whom agreed to be job references. One of my former coworkers informed that our boss told the team that he'd had no choice but to get rid of me, because his bosses informed him his career was in jeopardy if he didn't. Apparently my boss felt very upset over the whole situation. I apologize for the length of this post, but I really needed to cover all the requisite ground. So, to summarize... **Here's what I can prove** **-** I have extensive text messages from my boss and coworkers that definitively establish that they all knew about my injuries in November. \- I have pictures of the initial outbreak. \- I have urgent care visit records, for all **7** of my visits. For reference, here are some pertinent photos of my arm and text screenshots. **Here's what I can't prove** \- The conversations with my boss about his bosses wanting me fired were all verbal, unfortunately. I have no proof. \- I can't 100% prove the exact cause of the dermatitis, but frankly, I'd say it's beyond a reasonable doubt. My condition immediately improved after long work breaks, and after being fired. Although it lingered on my legs for months afterwards, it never worsened after January, and cleared up quickly in all other locations on my body. \- I can't prove that I wasn't at fault for some sort of OSHA violation with the initial exposure. Yes, my coworker told me we were fine to forego Tyvek suits, but ultimately I had the power to insist that we wear them. Instead, I chose to trust his judgment, which was a big mistake. So while you could argue that I was acting reasonably to trust my coworker's experience and judgment, I can't deny that I could conceivably be nailed on this point. \- I can't prove that I was fired because of the dermatitis. Unfortunately, on technical grounds, I'm quite sure I probably did violate their cell phone policy. Which sucks, because that's a technicality, but it is what it is. Although I will note that they never cited a specific incident which violated their policy; so perhaps I shouldn't have acknowledged that reason on my unemployment application, without first establishing *exactly* what incident they were referring to. **My question for** /r/legaladvice**:** Do I have *any* good options here? I am *not* the litigious type, but I missed out on $7,000 in unemployment during the three months I was out of work, which really hurts. I've only got $1300 in the bank, because I nearly ran out of money without the unemployment. And I ultimately took a job that I wasn't sure about as a result of badly needing money. So that's an unfortunate ripple effect too. My friend works as an employment lawyer, and told me that he feels I probably have a strong case for wrongful termination or disability discrimination. And he's promised to get me in touch with a friend of his who also specializes in employment law, as he obviously can't represent me himself. I'm not interested in lawsuits if they can be avoided. Really, I'd just like to get my unemployment money if at all possible. While I'm quite confident that I was fired illegitimately, and my proof should absolutely be sufficient for anyone on the street, I worry that I don't have ironclad evidence that would hold up in a court of law. I also lack funds to even pay a lawyer, too, which is very unfortunate. I'm kind of stuck here. **TL;DR:** Fired on a technicality. Do I have any options?
|
h6qmdr7
|
h6r0cwo
| 1,627,412,318 | 1,627,418,508 | 4 | 5 |
Call an employment lawyer now. They can protect your unemployment and address the false excuse for firing. As a contract employee your rights are probably different than a full time employee. But also consider this. File a workman’s comp claim so they pay for your treatments and hopefully time to heal. I’m not sure where your standing is under WC but see an employment lawyer to protect yourself. And see what you can do in future situations for protection.
|
Hello. I'm not a lawyer. I am however, a chemical engineer who handles and manages much nastier items than what you did. Including bioside. They can fire you for improper PPE and cellphone usage. We have a strict cellphone policy that is... selectively enforced. If someone wants to fire you, it doesn't matter if everyone else gets away with it. Sadly, this is how right to work typically does work. I'd it makes you feel any better, most exposures in a chemical environment are due to cross contamination. Did you clean the gloves yourself before use? Good news is that's its a category 5 skin toxicity, which means you would need to swim in it to die from exposure. Bad news, it's a category 1 skin corrosion, and the pictures you posted look like dilute acid exposure. In my 100% speculative, not legal advice, it seems you may have contacted residue from the bioside on the inside of the glove. Unfortunately, you were poorly trained, not properly told about the risks of the chemical involved, or managed. However, if you sustain injuries at work, even through your own fault of not using PPE, then the company is responsible. It may be an uphill fight to claim workman's comp for it. Your doctor might need to determine if it was the result of exposure to said item. That's not an easy thing to do weeks or months after the fact unless you described your potential contact to the doctors at first check. I assume you don't have a union? This is the sort of thing they exist to fix. I have had a minor preventable chemical exposure early in my career due to improper training which resulted in truly appreciating chemical safety, and being adamant that I am properly protected. If this company was handling itself properly, they would have taken responsibility, and done an investigation in to why this occurred to prevent it from happening again. If you were my operator, I'd be furious, but mostly at myself for not making it clear how important and critical safety was. You may not get anything out of this except experiance, but I can tell you that company wasn't looking out for you at any point, and it might be better to find a new place anyway.
| 0 | 6,190 | 1.25 |
ososx0
|
legaladvice_train
| 0.93 |
I became sensitized to chemicals at my workplace and contracted acute full-body contact dermatitis, ultimately visiting urgent care 7 times in 2 months. When my boss's boss became aware, I was fired within a week for a "cell phone violation", and denied unemployment. Do I have any options? Hola, amigos! I never thought I'd be in a situation like this, but here we are. Last September, I started a contract job for an industrial chemicals company at a Big 3 engine production facility via an employment agency. It was a good job, the best one I've worked so far. Unfortunately, as described in the title, it didn't work out, and I incurred ongoing health issues that affected me for many months. I'll outline a brief summary of pertinent events. **Timeline** **2nd week of November** \- While job shadowing with a trained technician, we need to make a chemical add of Bioside 15 to a coolant tank in the plant. Bioside is some nasty stuff, hence the name: "Kill life". My coworker informed me that we're technically supposed to wear full-body Tyvek suits while handling it, but said that he hates doing that because it's uncomfortable, he's been handling Bioside for 10 years without issues, and as long as we're really careful, we'll be fine. I made a big mistake, and I listened to him. So we handled the Bioside with face shields, safety glasses, and elbow-length chemical gloves. I have no memory of any chemicals contacting my skin, but somehow I must have made contact with the Bioside, as we shall see. \- The next morning, I notice some skin irritation on my right forearm. I show my coworker, and ask him if it's related to the Bioside. He suggests thoroughly washing the affected area, and applying hydrocortisone to be safe. I follow his advice. \- Over the weekend, my forearm breaks out in awful rashes and swells considerably, up to twice its normal size. At this point, I'm very concerned. I text my boss a picture of my forearm, and tell him I think it may be related to the Bioside addition. He questions me, asking whether it could be related to anything else. He also suggests visiting urgent care, which I do on that day. At the urgent care clinic, I report my visit as a work-related injury, and list the chemical company as my employer (mistake, because technically I was employed by a temp agency). The doctor at urgent care diagnoses me with contact dermatitis, and prescribes with cream (I can't remember the exact kind), and steroids. **December-January** \- After visiting urgent care and receiving prescribed treatment options, I felt hopeful. But unfortunately, my condition worsened. Rashes spread to my left forearm, and eventually, over my entire body. I had rashes on my stomach, my neck, my back, my thighs, my calves, my feet. It was awful; I looked and felt miserable. I told my boss what was happening, and re-visited urgent care. We all hoped that treatment would solve the issue. And steroids did eventually calm the swelling (my coworker said I looked like Popeye). But the rashes lingered. They worsened during the work week, and improved over the weekends. And over Christmas week and New Year's week, the rashes nearly disappeared. This period coincided with downtime for the plant, so at this point I was not handling chemicals for over two weeks. For context: About half of our jobs as technicians consisted of washing down engine components with mineral spirits for quality testing. After it became clear that my rashes were affecting my entire body, I began wearing full-body Tyvek suits, face shields, double (if not triple) gloves, and I washed my hands thoroughly after every instance of handling chemicals. I should note that my coworkers only wore gloves and safety glasses, but otherwise performed the parts washing in short-sleeve polo shirts. I did the same up until my dermatitis outbreak, and never experienced any deleterious effects before my (likely) Bioside exposure. \- Unfortunately, my symptoms returned after production resumed in January. I felt afraid, because this was the best job I'd ever had, and I really needed the money, so I didn't want to concede that I might be unable to work the job. But at this point, I realized that the chemicals I worked with must be causing the ongoing issues. I held out hope for a couple of weeks, and even told my boss that my skin is improving when he asks (wishful thinking), but eventually, I reached my breaking point. I was feeling stressed and overwhelmed, and eventually, I called off work, telling my boss I needed to return to urgent care and solve this issue, if possible. This is when matters really ramped up. **Last week of January** \- After calling off work and telling my boss the reason, my boss contacted his boss. This is when the trouble began. Though my boss had known about my condition since November, neither of us had formally reported the incident to anyone, besides urgent care. We felt hopeful that it wasn't chemical-related, since I couldn't remember contacting the Bioside, and felt optimistic that it would resolve itself with treatment. But once it became abundantly clear that it *was* related to work and wasn't improving, and it was reported to higher-ups, this was management's immediate reaction: Fire me, immediately. My boss informed me that this was going on, and that his bosses wanted me gone. \- During this same week, my boss and I met virtually with a safety and compliance officer with the company, who proceeded to berate us and try to establish any sort of causation that might cast doubt on whether my injuries were work-related. He lambasted us for not following the exact company procedure for workplace incidents (we were supposed to call a number, apparently; I'd never been injured on the job before, so I thought going to urgent care, reporting the injury as workplace related to the clinic, and telling my boss/coworkers would be sufficient). To be honest, I thoroughly disliked this man. I got the acute sense that he was trying to allay blame from the company at all costs. Some additional context: One of my coworkers (the same one I'd made the bioside add with) had spilled liquid propane on his hand a few weeks prior, which necessitated an urgent-care visit for second-degree burns. And we'd also experienced an acid waste container exploding overnight (for whatever reason, the company always stored its acid waste containers out in the open air), which could've caused serious injuries if anyone were present. So at this point, the company higher-ups are asking serious questions about the safety protocols at my workplace. My boss informed me that *his* job might be in jeopardy. \- My boss took me off all parts washing duties, and assigned me to chemical testing (titrations, mainly), in order to eliminate exposure to the mineral spirits. On Thursday, he joined me in the lab for an extended period. He told me that his bosses were exerting considerable pressure on him to fire me, but that he was fighting for me, because he saw me as a "great engineer for this company in a year or two" (I have a chemical engineering degree). He told me to buy new steel-toed boots, to ensure that my ankles were covered. I complied that evening, texting him a picture of the boots to make sure they were appropriate. He actually called the shoe store to ensure that the boots were paid for with the company voucher. He then texted me, "Sorry for wasting your time". \- Upon arriving home on Friday night after work, I received a phone call from the temp agency. The chemical company had terminated my contract, citing a "cell phone violation". And that was that. I genuinely felt stunned. I should note that I'm sure I *did* violate their cell phone policy at some point; phone usage was prohibited on the manufacturing floor...yet *everyone* used their cell phones on the manufacturing floor. Forklift drivers, machine operators, line workers...I'm struggling to think of anyone who *didn't* violate their cell phone policy. My own coworkers in the chemical company often sat on their cell phones for hours at a time on any given day, as I did. Basically, if the company wanted to, they could fire anybody for the exact same "offense". Fired on a technicality.... I was denied unemployment, which really hurt. \- I remained in contact with nearly all of my coworkers, four of whom agreed to be job references. One of my former coworkers informed that our boss told the team that he'd had no choice but to get rid of me, because his bosses informed him his career was in jeopardy if he didn't. Apparently my boss felt very upset over the whole situation. I apologize for the length of this post, but I really needed to cover all the requisite ground. So, to summarize... **Here's what I can prove** **-** I have extensive text messages from my boss and coworkers that definitively establish that they all knew about my injuries in November. \- I have pictures of the initial outbreak. \- I have urgent care visit records, for all **7** of my visits. For reference, here are some pertinent photos of my arm and text screenshots. **Here's what I can't prove** \- The conversations with my boss about his bosses wanting me fired were all verbal, unfortunately. I have no proof. \- I can't 100% prove the exact cause of the dermatitis, but frankly, I'd say it's beyond a reasonable doubt. My condition immediately improved after long work breaks, and after being fired. Although it lingered on my legs for months afterwards, it never worsened after January, and cleared up quickly in all other locations on my body. \- I can't prove that I wasn't at fault for some sort of OSHA violation with the initial exposure. Yes, my coworker told me we were fine to forego Tyvek suits, but ultimately I had the power to insist that we wear them. Instead, I chose to trust his judgment, which was a big mistake. So while you could argue that I was acting reasonably to trust my coworker's experience and judgment, I can't deny that I could conceivably be nailed on this point. \- I can't prove that I was fired because of the dermatitis. Unfortunately, on technical grounds, I'm quite sure I probably did violate their cell phone policy. Which sucks, because that's a technicality, but it is what it is. Although I will note that they never cited a specific incident which violated their policy; so perhaps I shouldn't have acknowledged that reason on my unemployment application, without first establishing *exactly* what incident they were referring to. **My question for** /r/legaladvice**:** Do I have *any* good options here? I am *not* the litigious type, but I missed out on $7,000 in unemployment during the three months I was out of work, which really hurts. I've only got $1300 in the bank, because I nearly ran out of money without the unemployment. And I ultimately took a job that I wasn't sure about as a result of badly needing money. So that's an unfortunate ripple effect too. My friend works as an employment lawyer, and told me that he feels I probably have a strong case for wrongful termination or disability discrimination. And he's promised to get me in touch with a friend of his who also specializes in employment law, as he obviously can't represent me himself. I'm not interested in lawsuits if they can be avoided. Really, I'd just like to get my unemployment money if at all possible. While I'm quite confident that I was fired illegitimately, and my proof should absolutely be sufficient for anyone on the street, I worry that I don't have ironclad evidence that would hold up in a court of law. I also lack funds to even pay a lawyer, too, which is very unfortunate. I'm kind of stuck here. **TL;DR:** Fired on a technicality. Do I have any options?
|
h6r0cwo
|
h6qv5x3
| 1,627,418,508 | 1,627,416,200 | 5 | 3 |
Hello. I'm not a lawyer. I am however, a chemical engineer who handles and manages much nastier items than what you did. Including bioside. They can fire you for improper PPE and cellphone usage. We have a strict cellphone policy that is... selectively enforced. If someone wants to fire you, it doesn't matter if everyone else gets away with it. Sadly, this is how right to work typically does work. I'd it makes you feel any better, most exposures in a chemical environment are due to cross contamination. Did you clean the gloves yourself before use? Good news is that's its a category 5 skin toxicity, which means you would need to swim in it to die from exposure. Bad news, it's a category 1 skin corrosion, and the pictures you posted look like dilute acid exposure. In my 100% speculative, not legal advice, it seems you may have contacted residue from the bioside on the inside of the glove. Unfortunately, you were poorly trained, not properly told about the risks of the chemical involved, or managed. However, if you sustain injuries at work, even through your own fault of not using PPE, then the company is responsible. It may be an uphill fight to claim workman's comp for it. Your doctor might need to determine if it was the result of exposure to said item. That's not an easy thing to do weeks or months after the fact unless you described your potential contact to the doctors at first check. I assume you don't have a union? This is the sort of thing they exist to fix. I have had a minor preventable chemical exposure early in my career due to improper training which resulted in truly appreciating chemical safety, and being adamant that I am properly protected. If this company was handling itself properly, they would have taken responsibility, and done an investigation in to why this occurred to prevent it from happening again. If you were my operator, I'd be furious, but mostly at myself for not making it clear how important and critical safety was. You may not get anything out of this except experiance, but I can tell you that company wasn't looking out for you at any point, and it might be better to find a new place anyway.
|
Here is the link to the SDS for the product you are describing. https://www.chempoint.com/products/download?grade=61395&doctype=sds OSHA GHS/HazCom/ Right to know standard (https://www.osha.gov/laws-regs/regulations/standardnumber/1910/1910.1200) states that you should have been trained to this chemical prior to using or being exposed to it. In section 11 of the SDS it describes potentially what your symptoms were/are. Section 8 describes the PPE that should have been worn. I would most certainty call OSHA regarding this work place accident and express the amount of training you were given prior to the use of said chemical (OSHA loves sign off training records). And also tell them you were fired while reporting this (work place retaliation). You may want to do this with your lawyer, as you should most certainty retain one, however it is not necessary when calling OSHA. As far as unemployment goes, my guess is you were still technically working for the temp agency. They can fire you from the host employer for anything anytime. So they pulled your contract with them and then the temp agency didn't post you any other jobs. (please correct me if I'm wrong). One other question. If you reported to medexpres that it was a workers comp case, how did they not report this to your company? Did you pay any bills? It seems like this drug out for an extended period of time without HR, SAFETY, or Accounts Payable realizing. This seems odd without more information.
| 1 | 2,308 | 1.666667 |
3ncw7v
|
legaladvice_train
| 0.95 |
[updated] I'm owed my last month's rent back, as my current place was sold... My landlord won't give it to me. In BC Canada https://www.reddit.com/r/legaladvice/comments/3mde95/im_owed_my_last_months_rent_back_as_my_current/ After laying out my position to my landlord, he still wouldn't give me my last month's rent back, so he sent his realtor after me. I calmly explained my position (that I wouldn't be leaving without my last month's rent and damage deposit, as per the BC Residential Tenancy Act). Once the realtor realized the position, he and his notary persuaded the landlord to pay me what I was owed and I received it and gave up the keys. Thanks for your help everybody! I'm happily settled in my new place.
|
cvn2lmn
|
cvn0990
| 1,443,903,838 | 1,443,899,658 | 25 | 11 |
Just curious, was your move out date partially into the last month's period?
|
Congrats and thanks for the update!
| 1 | 4,180 | 2.272727 |
9bvyt0
|
legaladvice_train
| 0.75 |
Ex claimed daughter on taxes even though our custody agreement states that its my year to claim her what should I do? Like title says.. my ex wife claimed our daughter on her taxes this year even though our custody agreement clearly states that it's my year to claim her. What should I do?
|
e564x3q
|
e566yn5
| 1,535,739,691 | 1,535,741,458 | 16 | 31 |
If your agreement is court-ordered, then file for contempt because your ex is violating it. You should also claim your daughter on your taxes. The IRS uses a strict determination of who had the child for a majority of the year for who gets the credit. If the IRS determines your ex gets the credit, you can sue her for the value of the credit. That should be done at the same time as your contempt suit.
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This has happened to me. Those saying the IRS will do anything but deny the claim to the person who filed their taxes last clearly haven't dealt with this issue. The options are: You can go for contempt. That will cost money. If it's worth it depends on whether it was a mistake or deliberate and an ongoing problem. There will likely be a contempt fine to the ex and then an order to do one of two things listed below: Your ex can file an amended tax return, you can amend yours and get your credit. It will take months. Or if you both are cooperative enough, make an agreement--in writing--that you get to take the tax credit twice in a row and then resume the normal rotation. Having experienced all 3, I'd say if you can come to an amicable resolution it would be well worth it.
| 0 | 1,767 | 1.9375 |
s1n3tu
|
legaladvice_train
| 0.9 |
I told my wife I wanted to get divorced and 2 days later she "moved" out of state with our daughter while I was at work. I told my wife I wanted to get divorced and two days later she "moved" our of state with our daughter (20 months old) and does not plan on returning. I need help getting my daughter back. When I told her I wanted to get divorced I also said that I wanted to file for divorce together 3 days later. That day and she said that would not sign. I left for work and came back that evening to find that my wife and daughter were not home. I text her and she eventually text me back saying she needed a few days to figure her stuff out. That was 13 days ago... The day after she left I filed for divorce on my own. I was informed from the affidavit of the service of process that my wife's attorney contacted the cop serving the papers and said that my wife moved to Minnesota (I live in Colorado) and does not plan on returning. Her family is in Minnesota so she is staying with her mom and has told me over the phone that she is not returning. At this point I have not been able to serve her papers as her attorney is not officially representing her according to Colorado. On top of that, her attorney filed for divorce on her behalf the same day her attorney talked to the cop trying to serve papers and I was served papers about a week ago. I have confirmed with the courthouse that they will go with the oldest case filed for the same parties so I have not responded to the summons yet. I have filed a motion for full custody of my daughter while the divorce is pending and my wife can have supervised visitation rights every other weekend. The judge responded a few days later saying the motion was denied because I did not "incorporate legal authority" in my request. I cannot afford an attorney and no one can help me at the courthouse because it would be considered legal advise to help me understand what "legal authority" means. Can anyone help me out? My assumption is that I need to include a marriage license and possibly my daughter's birth certificate? Sorry for the long story... I am not sure what information is needed to help me out. At the end of the day, I just need to know how to get my daughter back. Colorado law states that neither spouse can take a child out of state unless they have the other spouse's permission or a court order. My wife has neither. My daughter and I have a really good relationship and I don't want my soon to be ex to ruin that.
|
hs9a62k
|
hs99roy
| 1,641,934,376 | 1,641,934,230 | 246 | 84 |
By legal authority, the court is asking for Colorado law and case law (prior court cases where the judge wrote and opinion) so that your motion will have legal support and the judge can then use that to make their decision.
|
Time is of the essence in regard to what state child custody will be determined. Get a divorce/custody lawyer right away and get things in motion. Beg or borrow money to get the lawyer.
| 1 | 146 | 2.928571 |
s1n3tu
|
legaladvice_train
| 0.9 |
I told my wife I wanted to get divorced and 2 days later she "moved" out of state with our daughter while I was at work. I told my wife I wanted to get divorced and two days later she "moved" our of state with our daughter (20 months old) and does not plan on returning. I need help getting my daughter back. When I told her I wanted to get divorced I also said that I wanted to file for divorce together 3 days later. That day and she said that would not sign. I left for work and came back that evening to find that my wife and daughter were not home. I text her and she eventually text me back saying she needed a few days to figure her stuff out. That was 13 days ago... The day after she left I filed for divorce on my own. I was informed from the affidavit of the service of process that my wife's attorney contacted the cop serving the papers and said that my wife moved to Minnesota (I live in Colorado) and does not plan on returning. Her family is in Minnesota so she is staying with her mom and has told me over the phone that she is not returning. At this point I have not been able to serve her papers as her attorney is not officially representing her according to Colorado. On top of that, her attorney filed for divorce on her behalf the same day her attorney talked to the cop trying to serve papers and I was served papers about a week ago. I have confirmed with the courthouse that they will go with the oldest case filed for the same parties so I have not responded to the summons yet. I have filed a motion for full custody of my daughter while the divorce is pending and my wife can have supervised visitation rights every other weekend. The judge responded a few days later saying the motion was denied because I did not "incorporate legal authority" in my request. I cannot afford an attorney and no one can help me at the courthouse because it would be considered legal advise to help me understand what "legal authority" means. Can anyone help me out? My assumption is that I need to include a marriage license and possibly my daughter's birth certificate? Sorry for the long story... I am not sure what information is needed to help me out. At the end of the day, I just need to know how to get my daughter back. Colorado law states that neither spouse can take a child out of state unless they have the other spouse's permission or a court order. My wife has neither. My daughter and I have a really good relationship and I don't want my soon to be ex to ruin that.
|
hsb0a5z
|
hs9goj2
| 1,641,959,896 | 1,641,936,732 | 138 | 129 |
What is the basis you are going to argue for supervised visitation every other weekend?
|
It does not qualify as kidnapping since there was no custody order in place. Absent a court order either parent can take the child out of state.
| 1 | 23,164 | 1.069767 |
s1n3tu
|
legaladvice_train
| 0.9 |
I told my wife I wanted to get divorced and 2 days later she "moved" out of state with our daughter while I was at work. I told my wife I wanted to get divorced and two days later she "moved" our of state with our daughter (20 months old) and does not plan on returning. I need help getting my daughter back. When I told her I wanted to get divorced I also said that I wanted to file for divorce together 3 days later. That day and she said that would not sign. I left for work and came back that evening to find that my wife and daughter were not home. I text her and she eventually text me back saying she needed a few days to figure her stuff out. That was 13 days ago... The day after she left I filed for divorce on my own. I was informed from the affidavit of the service of process that my wife's attorney contacted the cop serving the papers and said that my wife moved to Minnesota (I live in Colorado) and does not plan on returning. Her family is in Minnesota so she is staying with her mom and has told me over the phone that she is not returning. At this point I have not been able to serve her papers as her attorney is not officially representing her according to Colorado. On top of that, her attorney filed for divorce on her behalf the same day her attorney talked to the cop trying to serve papers and I was served papers about a week ago. I have confirmed with the courthouse that they will go with the oldest case filed for the same parties so I have not responded to the summons yet. I have filed a motion for full custody of my daughter while the divorce is pending and my wife can have supervised visitation rights every other weekend. The judge responded a few days later saying the motion was denied because I did not "incorporate legal authority" in my request. I cannot afford an attorney and no one can help me at the courthouse because it would be considered legal advise to help me understand what "legal authority" means. Can anyone help me out? My assumption is that I need to include a marriage license and possibly my daughter's birth certificate? Sorry for the long story... I am not sure what information is needed to help me out. At the end of the day, I just need to know how to get my daughter back. Colorado law states that neither spouse can take a child out of state unless they have the other spouse's permission or a court order. My wife has neither. My daughter and I have a really good relationship and I don't want my soon to be ex to ruin that.
|
hsb0a5z
|
hsaxsme
| 1,641,959,896 | 1,641,958,753 | 138 | 90 |
What is the basis you are going to argue for supervised visitation every other weekend?
|
You need to get serious about this because it can impact the rest of your life. You need to hire a lawyer. That means you beg, borrow, take a second job, whatever you need to do to have good legal representation. You cannot litigate a contested divorce with jurisdiction issues without legal representation.
| 1 | 1,143 | 1.533333 |
s1n3tu
|
legaladvice_train
| 0.9 |
I told my wife I wanted to get divorced and 2 days later she "moved" out of state with our daughter while I was at work. I told my wife I wanted to get divorced and two days later she "moved" our of state with our daughter (20 months old) and does not plan on returning. I need help getting my daughter back. When I told her I wanted to get divorced I also said that I wanted to file for divorce together 3 days later. That day and she said that would not sign. I left for work and came back that evening to find that my wife and daughter were not home. I text her and she eventually text me back saying she needed a few days to figure her stuff out. That was 13 days ago... The day after she left I filed for divorce on my own. I was informed from the affidavit of the service of process that my wife's attorney contacted the cop serving the papers and said that my wife moved to Minnesota (I live in Colorado) and does not plan on returning. Her family is in Minnesota so she is staying with her mom and has told me over the phone that she is not returning. At this point I have not been able to serve her papers as her attorney is not officially representing her according to Colorado. On top of that, her attorney filed for divorce on her behalf the same day her attorney talked to the cop trying to serve papers and I was served papers about a week ago. I have confirmed with the courthouse that they will go with the oldest case filed for the same parties so I have not responded to the summons yet. I have filed a motion for full custody of my daughter while the divorce is pending and my wife can have supervised visitation rights every other weekend. The judge responded a few days later saying the motion was denied because I did not "incorporate legal authority" in my request. I cannot afford an attorney and no one can help me at the courthouse because it would be considered legal advise to help me understand what "legal authority" means. Can anyone help me out? My assumption is that I need to include a marriage license and possibly my daughter's birth certificate? Sorry for the long story... I am not sure what information is needed to help me out. At the end of the day, I just need to know how to get my daughter back. Colorado law states that neither spouse can take a child out of state unless they have the other spouse's permission or a court order. My wife has neither. My daughter and I have a really good relationship and I don't want my soon to be ex to ruin that.
|
hsb0a5z
|
hs99roy
| 1,641,959,896 | 1,641,934,230 | 138 | 84 |
What is the basis you are going to argue for supervised visitation every other weekend?
|
Time is of the essence in regard to what state child custody will be determined. Get a divorce/custody lawyer right away and get things in motion. Beg or borrow money to get the lawyer.
| 1 | 25,666 | 1.642857 |
s1n3tu
|
legaladvice_train
| 0.9 |
I told my wife I wanted to get divorced and 2 days later she "moved" out of state with our daughter while I was at work. I told my wife I wanted to get divorced and two days later she "moved" our of state with our daughter (20 months old) and does not plan on returning. I need help getting my daughter back. When I told her I wanted to get divorced I also said that I wanted to file for divorce together 3 days later. That day and she said that would not sign. I left for work and came back that evening to find that my wife and daughter were not home. I text her and she eventually text me back saying she needed a few days to figure her stuff out. That was 13 days ago... The day after she left I filed for divorce on my own. I was informed from the affidavit of the service of process that my wife's attorney contacted the cop serving the papers and said that my wife moved to Minnesota (I live in Colorado) and does not plan on returning. Her family is in Minnesota so she is staying with her mom and has told me over the phone that she is not returning. At this point I have not been able to serve her papers as her attorney is not officially representing her according to Colorado. On top of that, her attorney filed for divorce on her behalf the same day her attorney talked to the cop trying to serve papers and I was served papers about a week ago. I have confirmed with the courthouse that they will go with the oldest case filed for the same parties so I have not responded to the summons yet. I have filed a motion for full custody of my daughter while the divorce is pending and my wife can have supervised visitation rights every other weekend. The judge responded a few days later saying the motion was denied because I did not "incorporate legal authority" in my request. I cannot afford an attorney and no one can help me at the courthouse because it would be considered legal advise to help me understand what "legal authority" means. Can anyone help me out? My assumption is that I need to include a marriage license and possibly my daughter's birth certificate? Sorry for the long story... I am not sure what information is needed to help me out. At the end of the day, I just need to know how to get my daughter back. Colorado law states that neither spouse can take a child out of state unless they have the other spouse's permission or a court order. My wife has neither. My daughter and I have a really good relationship and I don't want my soon to be ex to ruin that.
|
hsam04f
|
hsb0a5z
| 1,641,953,647 | 1,641,959,896 | 63 | 138 |
I want to start by explaining what we would tell your wife if she did this: Moving out of state without permission and warning is a great way to end up having a court yank your kid back to their home state and incur a lot of unnecessary expenses, expenses that may end up being counted against your half of the marital split. That said, since there has been nothing filed and there is no court order, there's really nothing making it illegal for your wife to move with your daughter. She's not going to go to jail, and it's possible that the judge will determine her actions were justifiable, so don't think "ah ha! I've won!" You are going to need an attorney ASAP to file emergency custody motions. You'll also need to start splitting and protecting assets - you can't just cut her off from bank accounts, so you need to work with your lawyer to ensure that she has fair access to accounts so she can get a place to live, pay bills, pay an attorney, but not full access so she can't clean you out. As a general rule, once one side in a divorce hires an attorney, the other side had better do so as well. If you legitimately cannot afford an attorney, the CO Courts have a self help site and self-help centers. You can also try for legal aid, pro bono, or low cost options.
|
What is the basis you are going to argue for supervised visitation every other weekend?
| 0 | 6,249 | 2.190476 |
s1n3tu
|
legaladvice_train
| 0.9 |
I told my wife I wanted to get divorced and 2 days later she "moved" out of state with our daughter while I was at work. I told my wife I wanted to get divorced and two days later she "moved" our of state with our daughter (20 months old) and does not plan on returning. I need help getting my daughter back. When I told her I wanted to get divorced I also said that I wanted to file for divorce together 3 days later. That day and she said that would not sign. I left for work and came back that evening to find that my wife and daughter were not home. I text her and she eventually text me back saying she needed a few days to figure her stuff out. That was 13 days ago... The day after she left I filed for divorce on my own. I was informed from the affidavit of the service of process that my wife's attorney contacted the cop serving the papers and said that my wife moved to Minnesota (I live in Colorado) and does not plan on returning. Her family is in Minnesota so she is staying with her mom and has told me over the phone that she is not returning. At this point I have not been able to serve her papers as her attorney is not officially representing her according to Colorado. On top of that, her attorney filed for divorce on her behalf the same day her attorney talked to the cop trying to serve papers and I was served papers about a week ago. I have confirmed with the courthouse that they will go with the oldest case filed for the same parties so I have not responded to the summons yet. I have filed a motion for full custody of my daughter while the divorce is pending and my wife can have supervised visitation rights every other weekend. The judge responded a few days later saying the motion was denied because I did not "incorporate legal authority" in my request. I cannot afford an attorney and no one can help me at the courthouse because it would be considered legal advise to help me understand what "legal authority" means. Can anyone help me out? My assumption is that I need to include a marriage license and possibly my daughter's birth certificate? Sorry for the long story... I am not sure what information is needed to help me out. At the end of the day, I just need to know how to get my daughter back. Colorado law states that neither spouse can take a child out of state unless they have the other spouse's permission or a court order. My wife has neither. My daughter and I have a really good relationship and I don't want my soon to be ex to ruin that.
|
hsb0a5z
|
hsagmm5
| 1,641,959,896 | 1,641,951,321 | 138 | 36 |
What is the basis you are going to argue for supervised visitation every other weekend?
|
If you cannot afford an attorney, go to your local Legal Aid office. You don't say what county you are in so do an internet search. They \*may\* be able to help you, if you are at a certain low income. On a related topic, why the heck would anyone agree to sign divorce papers within 3 days of one spouse saying they wanted a divorce. Only an uninformed person would do so.
| 1 | 8,575 | 3.833333 |
s1n3tu
|
legaladvice_train
| 0.9 |
I told my wife I wanted to get divorced and 2 days later she "moved" out of state with our daughter while I was at work. I told my wife I wanted to get divorced and two days later she "moved" our of state with our daughter (20 months old) and does not plan on returning. I need help getting my daughter back. When I told her I wanted to get divorced I also said that I wanted to file for divorce together 3 days later. That day and she said that would not sign. I left for work and came back that evening to find that my wife and daughter were not home. I text her and she eventually text me back saying she needed a few days to figure her stuff out. That was 13 days ago... The day after she left I filed for divorce on my own. I was informed from the affidavit of the service of process that my wife's attorney contacted the cop serving the papers and said that my wife moved to Minnesota (I live in Colorado) and does not plan on returning. Her family is in Minnesota so she is staying with her mom and has told me over the phone that she is not returning. At this point I have not been able to serve her papers as her attorney is not officially representing her according to Colorado. On top of that, her attorney filed for divorce on her behalf the same day her attorney talked to the cop trying to serve papers and I was served papers about a week ago. I have confirmed with the courthouse that they will go with the oldest case filed for the same parties so I have not responded to the summons yet. I have filed a motion for full custody of my daughter while the divorce is pending and my wife can have supervised visitation rights every other weekend. The judge responded a few days later saying the motion was denied because I did not "incorporate legal authority" in my request. I cannot afford an attorney and no one can help me at the courthouse because it would be considered legal advise to help me understand what "legal authority" means. Can anyone help me out? My assumption is that I need to include a marriage license and possibly my daughter's birth certificate? Sorry for the long story... I am not sure what information is needed to help me out. At the end of the day, I just need to know how to get my daughter back. Colorado law states that neither spouse can take a child out of state unless they have the other spouse's permission or a court order. My wife has neither. My daughter and I have a really good relationship and I don't want my soon to be ex to ruin that.
|
hs9zqg6
|
hsb0a5z
| 1,641,944,104 | 1,641,959,896 | 20 | 138 |
Get a lawyer. Have your wife served at her parents home. I had to serve my exwife in KY (I’m in WI). Called the county sheriff down there and sent them the papers and a check and they handled the rest. You don’t need her cooperation to go ahead with the divorce. Document all communication with her.
|
What is the basis you are going to argue for supervised visitation every other weekend?
| 0 | 15,792 | 6.9 |
s1n3tu
|
legaladvice_train
| 0.9 |
I told my wife I wanted to get divorced and 2 days later she "moved" out of state with our daughter while I was at work. I told my wife I wanted to get divorced and two days later she "moved" our of state with our daughter (20 months old) and does not plan on returning. I need help getting my daughter back. When I told her I wanted to get divorced I also said that I wanted to file for divorce together 3 days later. That day and she said that would not sign. I left for work and came back that evening to find that my wife and daughter were not home. I text her and she eventually text me back saying she needed a few days to figure her stuff out. That was 13 days ago... The day after she left I filed for divorce on my own. I was informed from the affidavit of the service of process that my wife's attorney contacted the cop serving the papers and said that my wife moved to Minnesota (I live in Colorado) and does not plan on returning. Her family is in Minnesota so she is staying with her mom and has told me over the phone that she is not returning. At this point I have not been able to serve her papers as her attorney is not officially representing her according to Colorado. On top of that, her attorney filed for divorce on her behalf the same day her attorney talked to the cop trying to serve papers and I was served papers about a week ago. I have confirmed with the courthouse that they will go with the oldest case filed for the same parties so I have not responded to the summons yet. I have filed a motion for full custody of my daughter while the divorce is pending and my wife can have supervised visitation rights every other weekend. The judge responded a few days later saying the motion was denied because I did not "incorporate legal authority" in my request. I cannot afford an attorney and no one can help me at the courthouse because it would be considered legal advise to help me understand what "legal authority" means. Can anyone help me out? My assumption is that I need to include a marriage license and possibly my daughter's birth certificate? Sorry for the long story... I am not sure what information is needed to help me out. At the end of the day, I just need to know how to get my daughter back. Colorado law states that neither spouse can take a child out of state unless they have the other spouse's permission or a court order. My wife has neither. My daughter and I have a really good relationship and I don't want my soon to be ex to ruin that.
|
hsay30u
|
hsb0a5z
| 1,641,958,883 | 1,641,959,896 | 13 | 138 |
If you want your daughter in any capacity you need to get a lawyer now. If you have to borrow money or use credit cards or whatever, you need to do it. There are things that a lawyer will do for you that you can't do for yourself because you're not going to know to do them. First and foremost is if she is filed for divorce in her new state you can get that tossed out because you filed first and the new state should not have jurisdiction over the baby yet because it's only been a few days. Typically they have to have been there for 6 months for the court to have to jurisdiction. Secondly it sounds like you want full custody and you're going to need a lawyer for that. You've already run into this situation because you didn't include legal authority and no, that's not a marriage license and a birth certificate. That's case law or statutes that potentially will work to your benefit. A lawyer's going to know that. My suggestion is that you see if there's legal aid in your county. If there's not, then see if there is a law school that has a legal clinic where 3rd year law students do legal work under supervision. If there's not that call your county or city bar association and ask if they have a list of family law attorneys. Some cities or counties have attorneys available on a list at a discount rate. And if that doesn't pan out call your state bar association. But I cannot stress enough that not having the money for a lawyer is not going to cut it. I know it's tough and lawyer fees are expensive but if you want to be successful you must have one.
|
What is the basis you are going to argue for supervised visitation every other weekend?
| 0 | 1,013 | 10.615385 |
s1n3tu
|
legaladvice_train
| 0.9 |
I told my wife I wanted to get divorced and 2 days later she "moved" out of state with our daughter while I was at work. I told my wife I wanted to get divorced and two days later she "moved" our of state with our daughter (20 months old) and does not plan on returning. I need help getting my daughter back. When I told her I wanted to get divorced I also said that I wanted to file for divorce together 3 days later. That day and she said that would not sign. I left for work and came back that evening to find that my wife and daughter were not home. I text her and she eventually text me back saying she needed a few days to figure her stuff out. That was 13 days ago... The day after she left I filed for divorce on my own. I was informed from the affidavit of the service of process that my wife's attorney contacted the cop serving the papers and said that my wife moved to Minnesota (I live in Colorado) and does not plan on returning. Her family is in Minnesota so she is staying with her mom and has told me over the phone that she is not returning. At this point I have not been able to serve her papers as her attorney is not officially representing her according to Colorado. On top of that, her attorney filed for divorce on her behalf the same day her attorney talked to the cop trying to serve papers and I was served papers about a week ago. I have confirmed with the courthouse that they will go with the oldest case filed for the same parties so I have not responded to the summons yet. I have filed a motion for full custody of my daughter while the divorce is pending and my wife can have supervised visitation rights every other weekend. The judge responded a few days later saying the motion was denied because I did not "incorporate legal authority" in my request. I cannot afford an attorney and no one can help me at the courthouse because it would be considered legal advise to help me understand what "legal authority" means. Can anyone help me out? My assumption is that I need to include a marriage license and possibly my daughter's birth certificate? Sorry for the long story... I am not sure what information is needed to help me out. At the end of the day, I just need to know how to get my daughter back. Colorado law states that neither spouse can take a child out of state unless they have the other spouse's permission or a court order. My wife has neither. My daughter and I have a really good relationship and I don't want my soon to be ex to ruin that.
|
hsb0a5z
|
hs9ttpv
| 1,641,959,896 | 1,641,941,694 | 138 | 13 |
What is the basis you are going to argue for supervised visitation every other weekend?
|
Agree with the advice to get a lawyer. It will be worth it and will help you know what to worry about and what not to worry about. Time IS of the essence. To put you somewhat at ease... look up the residency requirements for filing for divorce in Minnesota. I don't think they have jurisdiction and would reject the filing. An attorney can confirm and help guide you in making sure you don't accidentally do anything to lend credence to her filing.
| 1 | 18,202 | 10.615385 |
s1n3tu
|
legaladvice_train
| 0.9 |
I told my wife I wanted to get divorced and 2 days later she "moved" out of state with our daughter while I was at work. I told my wife I wanted to get divorced and two days later she "moved" our of state with our daughter (20 months old) and does not plan on returning. I need help getting my daughter back. When I told her I wanted to get divorced I also said that I wanted to file for divorce together 3 days later. That day and she said that would not sign. I left for work and came back that evening to find that my wife and daughter were not home. I text her and she eventually text me back saying she needed a few days to figure her stuff out. That was 13 days ago... The day after she left I filed for divorce on my own. I was informed from the affidavit of the service of process that my wife's attorney contacted the cop serving the papers and said that my wife moved to Minnesota (I live in Colorado) and does not plan on returning. Her family is in Minnesota so she is staying with her mom and has told me over the phone that she is not returning. At this point I have not been able to serve her papers as her attorney is not officially representing her according to Colorado. On top of that, her attorney filed for divorce on her behalf the same day her attorney talked to the cop trying to serve papers and I was served papers about a week ago. I have confirmed with the courthouse that they will go with the oldest case filed for the same parties so I have not responded to the summons yet. I have filed a motion for full custody of my daughter while the divorce is pending and my wife can have supervised visitation rights every other weekend. The judge responded a few days later saying the motion was denied because I did not "incorporate legal authority" in my request. I cannot afford an attorney and no one can help me at the courthouse because it would be considered legal advise to help me understand what "legal authority" means. Can anyone help me out? My assumption is that I need to include a marriage license and possibly my daughter's birth certificate? Sorry for the long story... I am not sure what information is needed to help me out. At the end of the day, I just need to know how to get my daughter back. Colorado law states that neither spouse can take a child out of state unless they have the other spouse's permission or a court order. My wife has neither. My daughter and I have a really good relationship and I don't want my soon to be ex to ruin that.
|
hs9goj2
|
hs99roy
| 1,641,936,732 | 1,641,934,230 | 129 | 84 |
It does not qualify as kidnapping since there was no custody order in place. Absent a court order either parent can take the child out of state.
|
Time is of the essence in regard to what state child custody will be determined. Get a divorce/custody lawyer right away and get things in motion. Beg or borrow money to get the lawyer.
| 1 | 2,502 | 1.535714 |
s1n3tu
|
legaladvice_train
| 0.9 |
I told my wife I wanted to get divorced and 2 days later she "moved" out of state with our daughter while I was at work. I told my wife I wanted to get divorced and two days later she "moved" our of state with our daughter (20 months old) and does not plan on returning. I need help getting my daughter back. When I told her I wanted to get divorced I also said that I wanted to file for divorce together 3 days later. That day and she said that would not sign. I left for work and came back that evening to find that my wife and daughter were not home. I text her and she eventually text me back saying she needed a few days to figure her stuff out. That was 13 days ago... The day after she left I filed for divorce on my own. I was informed from the affidavit of the service of process that my wife's attorney contacted the cop serving the papers and said that my wife moved to Minnesota (I live in Colorado) and does not plan on returning. Her family is in Minnesota so she is staying with her mom and has told me over the phone that she is not returning. At this point I have not been able to serve her papers as her attorney is not officially representing her according to Colorado. On top of that, her attorney filed for divorce on her behalf the same day her attorney talked to the cop trying to serve papers and I was served papers about a week ago. I have confirmed with the courthouse that they will go with the oldest case filed for the same parties so I have not responded to the summons yet. I have filed a motion for full custody of my daughter while the divorce is pending and my wife can have supervised visitation rights every other weekend. The judge responded a few days later saying the motion was denied because I did not "incorporate legal authority" in my request. I cannot afford an attorney and no one can help me at the courthouse because it would be considered legal advise to help me understand what "legal authority" means. Can anyone help me out? My assumption is that I need to include a marriage license and possibly my daughter's birth certificate? Sorry for the long story... I am not sure what information is needed to help me out. At the end of the day, I just need to know how to get my daughter back. Colorado law states that neither spouse can take a child out of state unless they have the other spouse's permission or a court order. My wife has neither. My daughter and I have a really good relationship and I don't want my soon to be ex to ruin that.
|
hsaxsme
|
hs99roy
| 1,641,958,753 | 1,641,934,230 | 90 | 84 |
You need to get serious about this because it can impact the rest of your life. You need to hire a lawyer. That means you beg, borrow, take a second job, whatever you need to do to have good legal representation. You cannot litigate a contested divorce with jurisdiction issues without legal representation.
|
Time is of the essence in regard to what state child custody will be determined. Get a divorce/custody lawyer right away and get things in motion. Beg or borrow money to get the lawyer.
| 1 | 24,523 | 1.071429 |
s1n3tu
|
legaladvice_train
| 0.9 |
I told my wife I wanted to get divorced and 2 days later she "moved" out of state with our daughter while I was at work. I told my wife I wanted to get divorced and two days later she "moved" our of state with our daughter (20 months old) and does not plan on returning. I need help getting my daughter back. When I told her I wanted to get divorced I also said that I wanted to file for divorce together 3 days later. That day and she said that would not sign. I left for work and came back that evening to find that my wife and daughter were not home. I text her and she eventually text me back saying she needed a few days to figure her stuff out. That was 13 days ago... The day after she left I filed for divorce on my own. I was informed from the affidavit of the service of process that my wife's attorney contacted the cop serving the papers and said that my wife moved to Minnesota (I live in Colorado) and does not plan on returning. Her family is in Minnesota so she is staying with her mom and has told me over the phone that she is not returning. At this point I have not been able to serve her papers as her attorney is not officially representing her according to Colorado. On top of that, her attorney filed for divorce on her behalf the same day her attorney talked to the cop trying to serve papers and I was served papers about a week ago. I have confirmed with the courthouse that they will go with the oldest case filed for the same parties so I have not responded to the summons yet. I have filed a motion for full custody of my daughter while the divorce is pending and my wife can have supervised visitation rights every other weekend. The judge responded a few days later saying the motion was denied because I did not "incorporate legal authority" in my request. I cannot afford an attorney and no one can help me at the courthouse because it would be considered legal advise to help me understand what "legal authority" means. Can anyone help me out? My assumption is that I need to include a marriage license and possibly my daughter's birth certificate? Sorry for the long story... I am not sure what information is needed to help me out. At the end of the day, I just need to know how to get my daughter back. Colorado law states that neither spouse can take a child out of state unless they have the other spouse's permission or a court order. My wife has neither. My daughter and I have a really good relationship and I don't want my soon to be ex to ruin that.
|
hsam04f
|
hsaxsme
| 1,641,953,647 | 1,641,958,753 | 63 | 90 |
I want to start by explaining what we would tell your wife if she did this: Moving out of state without permission and warning is a great way to end up having a court yank your kid back to their home state and incur a lot of unnecessary expenses, expenses that may end up being counted against your half of the marital split. That said, since there has been nothing filed and there is no court order, there's really nothing making it illegal for your wife to move with your daughter. She's not going to go to jail, and it's possible that the judge will determine her actions were justifiable, so don't think "ah ha! I've won!" You are going to need an attorney ASAP to file emergency custody motions. You'll also need to start splitting and protecting assets - you can't just cut her off from bank accounts, so you need to work with your lawyer to ensure that she has fair access to accounts so she can get a place to live, pay bills, pay an attorney, but not full access so she can't clean you out. As a general rule, once one side in a divorce hires an attorney, the other side had better do so as well. If you legitimately cannot afford an attorney, the CO Courts have a self help site and self-help centers. You can also try for legal aid, pro bono, or low cost options.
|
You need to get serious about this because it can impact the rest of your life. You need to hire a lawyer. That means you beg, borrow, take a second job, whatever you need to do to have good legal representation. You cannot litigate a contested divorce with jurisdiction issues without legal representation.
| 0 | 5,106 | 1.428571 |
s1n3tu
|
legaladvice_train
| 0.9 |
I told my wife I wanted to get divorced and 2 days later she "moved" out of state with our daughter while I was at work. I told my wife I wanted to get divorced and two days later she "moved" our of state with our daughter (20 months old) and does not plan on returning. I need help getting my daughter back. When I told her I wanted to get divorced I also said that I wanted to file for divorce together 3 days later. That day and she said that would not sign. I left for work and came back that evening to find that my wife and daughter were not home. I text her and she eventually text me back saying she needed a few days to figure her stuff out. That was 13 days ago... The day after she left I filed for divorce on my own. I was informed from the affidavit of the service of process that my wife's attorney contacted the cop serving the papers and said that my wife moved to Minnesota (I live in Colorado) and does not plan on returning. Her family is in Minnesota so she is staying with her mom and has told me over the phone that she is not returning. At this point I have not been able to serve her papers as her attorney is not officially representing her according to Colorado. On top of that, her attorney filed for divorce on her behalf the same day her attorney talked to the cop trying to serve papers and I was served papers about a week ago. I have confirmed with the courthouse that they will go with the oldest case filed for the same parties so I have not responded to the summons yet. I have filed a motion for full custody of my daughter while the divorce is pending and my wife can have supervised visitation rights every other weekend. The judge responded a few days later saying the motion was denied because I did not "incorporate legal authority" in my request. I cannot afford an attorney and no one can help me at the courthouse because it would be considered legal advise to help me understand what "legal authority" means. Can anyone help me out? My assumption is that I need to include a marriage license and possibly my daughter's birth certificate? Sorry for the long story... I am not sure what information is needed to help me out. At the end of the day, I just need to know how to get my daughter back. Colorado law states that neither spouse can take a child out of state unless they have the other spouse's permission or a court order. My wife has neither. My daughter and I have a really good relationship and I don't want my soon to be ex to ruin that.
|
hsaxsme
|
hsagmm5
| 1,641,958,753 | 1,641,951,321 | 90 | 36 |
You need to get serious about this because it can impact the rest of your life. You need to hire a lawyer. That means you beg, borrow, take a second job, whatever you need to do to have good legal representation. You cannot litigate a contested divorce with jurisdiction issues without legal representation.
|
If you cannot afford an attorney, go to your local Legal Aid office. You don't say what county you are in so do an internet search. They \*may\* be able to help you, if you are at a certain low income. On a related topic, why the heck would anyone agree to sign divorce papers within 3 days of one spouse saying they wanted a divorce. Only an uninformed person would do so.
| 1 | 7,432 | 2.5 |
s1n3tu
|
legaladvice_train
| 0.9 |
I told my wife I wanted to get divorced and 2 days later she "moved" out of state with our daughter while I was at work. I told my wife I wanted to get divorced and two days later she "moved" our of state with our daughter (20 months old) and does not plan on returning. I need help getting my daughter back. When I told her I wanted to get divorced I also said that I wanted to file for divorce together 3 days later. That day and she said that would not sign. I left for work and came back that evening to find that my wife and daughter were not home. I text her and she eventually text me back saying she needed a few days to figure her stuff out. That was 13 days ago... The day after she left I filed for divorce on my own. I was informed from the affidavit of the service of process that my wife's attorney contacted the cop serving the papers and said that my wife moved to Minnesota (I live in Colorado) and does not plan on returning. Her family is in Minnesota so she is staying with her mom and has told me over the phone that she is not returning. At this point I have not been able to serve her papers as her attorney is not officially representing her according to Colorado. On top of that, her attorney filed for divorce on her behalf the same day her attorney talked to the cop trying to serve papers and I was served papers about a week ago. I have confirmed with the courthouse that they will go with the oldest case filed for the same parties so I have not responded to the summons yet. I have filed a motion for full custody of my daughter while the divorce is pending and my wife can have supervised visitation rights every other weekend. The judge responded a few days later saying the motion was denied because I did not "incorporate legal authority" in my request. I cannot afford an attorney and no one can help me at the courthouse because it would be considered legal advise to help me understand what "legal authority" means. Can anyone help me out? My assumption is that I need to include a marriage license and possibly my daughter's birth certificate? Sorry for the long story... I am not sure what information is needed to help me out. At the end of the day, I just need to know how to get my daughter back. Colorado law states that neither spouse can take a child out of state unless they have the other spouse's permission or a court order. My wife has neither. My daughter and I have a really good relationship and I don't want my soon to be ex to ruin that.
|
hsaxsme
|
hs9zqg6
| 1,641,958,753 | 1,641,944,104 | 90 | 20 |
You need to get serious about this because it can impact the rest of your life. You need to hire a lawyer. That means you beg, borrow, take a second job, whatever you need to do to have good legal representation. You cannot litigate a contested divorce with jurisdiction issues without legal representation.
|
Get a lawyer. Have your wife served at her parents home. I had to serve my exwife in KY (I’m in WI). Called the county sheriff down there and sent them the papers and a check and they handled the rest. You don’t need her cooperation to go ahead with the divorce. Document all communication with her.
| 1 | 14,649 | 4.5 |
s1n3tu
|
legaladvice_train
| 0.9 |
I told my wife I wanted to get divorced and 2 days later she "moved" out of state with our daughter while I was at work. I told my wife I wanted to get divorced and two days later she "moved" our of state with our daughter (20 months old) and does not plan on returning. I need help getting my daughter back. When I told her I wanted to get divorced I also said that I wanted to file for divorce together 3 days later. That day and she said that would not sign. I left for work and came back that evening to find that my wife and daughter were not home. I text her and she eventually text me back saying she needed a few days to figure her stuff out. That was 13 days ago... The day after she left I filed for divorce on my own. I was informed from the affidavit of the service of process that my wife's attorney contacted the cop serving the papers and said that my wife moved to Minnesota (I live in Colorado) and does not plan on returning. Her family is in Minnesota so she is staying with her mom and has told me over the phone that she is not returning. At this point I have not been able to serve her papers as her attorney is not officially representing her according to Colorado. On top of that, her attorney filed for divorce on her behalf the same day her attorney talked to the cop trying to serve papers and I was served papers about a week ago. I have confirmed with the courthouse that they will go with the oldest case filed for the same parties so I have not responded to the summons yet. I have filed a motion for full custody of my daughter while the divorce is pending and my wife can have supervised visitation rights every other weekend. The judge responded a few days later saying the motion was denied because I did not "incorporate legal authority" in my request. I cannot afford an attorney and no one can help me at the courthouse because it would be considered legal advise to help me understand what "legal authority" means. Can anyone help me out? My assumption is that I need to include a marriage license and possibly my daughter's birth certificate? Sorry for the long story... I am not sure what information is needed to help me out. At the end of the day, I just need to know how to get my daughter back. Colorado law states that neither spouse can take a child out of state unless they have the other spouse's permission or a court order. My wife has neither. My daughter and I have a really good relationship and I don't want my soon to be ex to ruin that.
|
hsaxsme
|
hs9ttpv
| 1,641,958,753 | 1,641,941,694 | 90 | 13 |
You need to get serious about this because it can impact the rest of your life. You need to hire a lawyer. That means you beg, borrow, take a second job, whatever you need to do to have good legal representation. You cannot litigate a contested divorce with jurisdiction issues without legal representation.
|
Agree with the advice to get a lawyer. It will be worth it and will help you know what to worry about and what not to worry about. Time IS of the essence. To put you somewhat at ease... look up the residency requirements for filing for divorce in Minnesota. I don't think they have jurisdiction and would reject the filing. An attorney can confirm and help guide you in making sure you don't accidentally do anything to lend credence to her filing.
| 1 | 17,059 | 6.923077 |
s1n3tu
|
legaladvice_train
| 0.9 |
I told my wife I wanted to get divorced and 2 days later she "moved" out of state with our daughter while I was at work. I told my wife I wanted to get divorced and two days later she "moved" our of state with our daughter (20 months old) and does not plan on returning. I need help getting my daughter back. When I told her I wanted to get divorced I also said that I wanted to file for divorce together 3 days later. That day and she said that would not sign. I left for work and came back that evening to find that my wife and daughter were not home. I text her and she eventually text me back saying she needed a few days to figure her stuff out. That was 13 days ago... The day after she left I filed for divorce on my own. I was informed from the affidavit of the service of process that my wife's attorney contacted the cop serving the papers and said that my wife moved to Minnesota (I live in Colorado) and does not plan on returning. Her family is in Minnesota so she is staying with her mom and has told me over the phone that she is not returning. At this point I have not been able to serve her papers as her attorney is not officially representing her according to Colorado. On top of that, her attorney filed for divorce on her behalf the same day her attorney talked to the cop trying to serve papers and I was served papers about a week ago. I have confirmed with the courthouse that they will go with the oldest case filed for the same parties so I have not responded to the summons yet. I have filed a motion for full custody of my daughter while the divorce is pending and my wife can have supervised visitation rights every other weekend. The judge responded a few days later saying the motion was denied because I did not "incorporate legal authority" in my request. I cannot afford an attorney and no one can help me at the courthouse because it would be considered legal advise to help me understand what "legal authority" means. Can anyone help me out? My assumption is that I need to include a marriage license and possibly my daughter's birth certificate? Sorry for the long story... I am not sure what information is needed to help me out. At the end of the day, I just need to know how to get my daughter back. Colorado law states that neither spouse can take a child out of state unless they have the other spouse's permission or a court order. My wife has neither. My daughter and I have a really good relationship and I don't want my soon to be ex to ruin that.
|
hsam04f
|
hsagmm5
| 1,641,953,647 | 1,641,951,321 | 63 | 36 |
I want to start by explaining what we would tell your wife if she did this: Moving out of state without permission and warning is a great way to end up having a court yank your kid back to their home state and incur a lot of unnecessary expenses, expenses that may end up being counted against your half of the marital split. That said, since there has been nothing filed and there is no court order, there's really nothing making it illegal for your wife to move with your daughter. She's not going to go to jail, and it's possible that the judge will determine her actions were justifiable, so don't think "ah ha! I've won!" You are going to need an attorney ASAP to file emergency custody motions. You'll also need to start splitting and protecting assets - you can't just cut her off from bank accounts, so you need to work with your lawyer to ensure that she has fair access to accounts so she can get a place to live, pay bills, pay an attorney, but not full access so she can't clean you out. As a general rule, once one side in a divorce hires an attorney, the other side had better do so as well. If you legitimately cannot afford an attorney, the CO Courts have a self help site and self-help centers. You can also try for legal aid, pro bono, or low cost options.
|
If you cannot afford an attorney, go to your local Legal Aid office. You don't say what county you are in so do an internet search. They \*may\* be able to help you, if you are at a certain low income. On a related topic, why the heck would anyone agree to sign divorce papers within 3 days of one spouse saying they wanted a divorce. Only an uninformed person would do so.
| 1 | 2,326 | 1.75 |
s1n3tu
|
legaladvice_train
| 0.9 |
I told my wife I wanted to get divorced and 2 days later she "moved" out of state with our daughter while I was at work. I told my wife I wanted to get divorced and two days later she "moved" our of state with our daughter (20 months old) and does not plan on returning. I need help getting my daughter back. When I told her I wanted to get divorced I also said that I wanted to file for divorce together 3 days later. That day and she said that would not sign. I left for work and came back that evening to find that my wife and daughter were not home. I text her and she eventually text me back saying she needed a few days to figure her stuff out. That was 13 days ago... The day after she left I filed for divorce on my own. I was informed from the affidavit of the service of process that my wife's attorney contacted the cop serving the papers and said that my wife moved to Minnesota (I live in Colorado) and does not plan on returning. Her family is in Minnesota so she is staying with her mom and has told me over the phone that she is not returning. At this point I have not been able to serve her papers as her attorney is not officially representing her according to Colorado. On top of that, her attorney filed for divorce on her behalf the same day her attorney talked to the cop trying to serve papers and I was served papers about a week ago. I have confirmed with the courthouse that they will go with the oldest case filed for the same parties so I have not responded to the summons yet. I have filed a motion for full custody of my daughter while the divorce is pending and my wife can have supervised visitation rights every other weekend. The judge responded a few days later saying the motion was denied because I did not "incorporate legal authority" in my request. I cannot afford an attorney and no one can help me at the courthouse because it would be considered legal advise to help me understand what "legal authority" means. Can anyone help me out? My assumption is that I need to include a marriage license and possibly my daughter's birth certificate? Sorry for the long story... I am not sure what information is needed to help me out. At the end of the day, I just need to know how to get my daughter back. Colorado law states that neither spouse can take a child out of state unless they have the other spouse's permission or a court order. My wife has neither. My daughter and I have a really good relationship and I don't want my soon to be ex to ruin that.
|
hsam04f
|
hs9zqg6
| 1,641,953,647 | 1,641,944,104 | 63 | 20 |
I want to start by explaining what we would tell your wife if she did this: Moving out of state without permission and warning is a great way to end up having a court yank your kid back to their home state and incur a lot of unnecessary expenses, expenses that may end up being counted against your half of the marital split. That said, since there has been nothing filed and there is no court order, there's really nothing making it illegal for your wife to move with your daughter. She's not going to go to jail, and it's possible that the judge will determine her actions were justifiable, so don't think "ah ha! I've won!" You are going to need an attorney ASAP to file emergency custody motions. You'll also need to start splitting and protecting assets - you can't just cut her off from bank accounts, so you need to work with your lawyer to ensure that she has fair access to accounts so she can get a place to live, pay bills, pay an attorney, but not full access so she can't clean you out. As a general rule, once one side in a divorce hires an attorney, the other side had better do so as well. If you legitimately cannot afford an attorney, the CO Courts have a self help site and self-help centers. You can also try for legal aid, pro bono, or low cost options.
|
Get a lawyer. Have your wife served at her parents home. I had to serve my exwife in KY (I’m in WI). Called the county sheriff down there and sent them the papers and a check and they handled the rest. You don’t need her cooperation to go ahead with the divorce. Document all communication with her.
| 1 | 9,543 | 3.15 |
s1n3tu
|
legaladvice_train
| 0.9 |
I told my wife I wanted to get divorced and 2 days later she "moved" out of state with our daughter while I was at work. I told my wife I wanted to get divorced and two days later she "moved" our of state with our daughter (20 months old) and does not plan on returning. I need help getting my daughter back. When I told her I wanted to get divorced I also said that I wanted to file for divorce together 3 days later. That day and she said that would not sign. I left for work and came back that evening to find that my wife and daughter were not home. I text her and she eventually text me back saying she needed a few days to figure her stuff out. That was 13 days ago... The day after she left I filed for divorce on my own. I was informed from the affidavit of the service of process that my wife's attorney contacted the cop serving the papers and said that my wife moved to Minnesota (I live in Colorado) and does not plan on returning. Her family is in Minnesota so she is staying with her mom and has told me over the phone that she is not returning. At this point I have not been able to serve her papers as her attorney is not officially representing her according to Colorado. On top of that, her attorney filed for divorce on her behalf the same day her attorney talked to the cop trying to serve papers and I was served papers about a week ago. I have confirmed with the courthouse that they will go with the oldest case filed for the same parties so I have not responded to the summons yet. I have filed a motion for full custody of my daughter while the divorce is pending and my wife can have supervised visitation rights every other weekend. The judge responded a few days later saying the motion was denied because I did not "incorporate legal authority" in my request. I cannot afford an attorney and no one can help me at the courthouse because it would be considered legal advise to help me understand what "legal authority" means. Can anyone help me out? My assumption is that I need to include a marriage license and possibly my daughter's birth certificate? Sorry for the long story... I am not sure what information is needed to help me out. At the end of the day, I just need to know how to get my daughter back. Colorado law states that neither spouse can take a child out of state unless they have the other spouse's permission or a court order. My wife has neither. My daughter and I have a really good relationship and I don't want my soon to be ex to ruin that.
|
hs9ttpv
|
hsam04f
| 1,641,941,694 | 1,641,953,647 | 13 | 63 |
Agree with the advice to get a lawyer. It will be worth it and will help you know what to worry about and what not to worry about. Time IS of the essence. To put you somewhat at ease... look up the residency requirements for filing for divorce in Minnesota. I don't think they have jurisdiction and would reject the filing. An attorney can confirm and help guide you in making sure you don't accidentally do anything to lend credence to her filing.
|
I want to start by explaining what we would tell your wife if she did this: Moving out of state without permission and warning is a great way to end up having a court yank your kid back to their home state and incur a lot of unnecessary expenses, expenses that may end up being counted against your half of the marital split. That said, since there has been nothing filed and there is no court order, there's really nothing making it illegal for your wife to move with your daughter. She's not going to go to jail, and it's possible that the judge will determine her actions were justifiable, so don't think "ah ha! I've won!" You are going to need an attorney ASAP to file emergency custody motions. You'll also need to start splitting and protecting assets - you can't just cut her off from bank accounts, so you need to work with your lawyer to ensure that she has fair access to accounts so she can get a place to live, pay bills, pay an attorney, but not full access so she can't clean you out. As a general rule, once one side in a divorce hires an attorney, the other side had better do so as well. If you legitimately cannot afford an attorney, the CO Courts have a self help site and self-help centers. You can also try for legal aid, pro bono, or low cost options.
| 0 | 11,953 | 4.846154 |
s1n3tu
|
legaladvice_train
| 0.9 |
I told my wife I wanted to get divorced and 2 days later she "moved" out of state with our daughter while I was at work. I told my wife I wanted to get divorced and two days later she "moved" our of state with our daughter (20 months old) and does not plan on returning. I need help getting my daughter back. When I told her I wanted to get divorced I also said that I wanted to file for divorce together 3 days later. That day and she said that would not sign. I left for work and came back that evening to find that my wife and daughter were not home. I text her and she eventually text me back saying she needed a few days to figure her stuff out. That was 13 days ago... The day after she left I filed for divorce on my own. I was informed from the affidavit of the service of process that my wife's attorney contacted the cop serving the papers and said that my wife moved to Minnesota (I live in Colorado) and does not plan on returning. Her family is in Minnesota so she is staying with her mom and has told me over the phone that she is not returning. At this point I have not been able to serve her papers as her attorney is not officially representing her according to Colorado. On top of that, her attorney filed for divorce on her behalf the same day her attorney talked to the cop trying to serve papers and I was served papers about a week ago. I have confirmed with the courthouse that they will go with the oldest case filed for the same parties so I have not responded to the summons yet. I have filed a motion for full custody of my daughter while the divorce is pending and my wife can have supervised visitation rights every other weekend. The judge responded a few days later saying the motion was denied because I did not "incorporate legal authority" in my request. I cannot afford an attorney and no one can help me at the courthouse because it would be considered legal advise to help me understand what "legal authority" means. Can anyone help me out? My assumption is that I need to include a marriage license and possibly my daughter's birth certificate? Sorry for the long story... I am not sure what information is needed to help me out. At the end of the day, I just need to know how to get my daughter back. Colorado law states that neither spouse can take a child out of state unless they have the other spouse's permission or a court order. My wife has neither. My daughter and I have a really good relationship and I don't want my soon to be ex to ruin that.
|
hsagmm5
|
hs9zqg6
| 1,641,951,321 | 1,641,944,104 | 36 | 20 |
If you cannot afford an attorney, go to your local Legal Aid office. You don't say what county you are in so do an internet search. They \*may\* be able to help you, if you are at a certain low income. On a related topic, why the heck would anyone agree to sign divorce papers within 3 days of one spouse saying they wanted a divorce. Only an uninformed person would do so.
|
Get a lawyer. Have your wife served at her parents home. I had to serve my exwife in KY (I’m in WI). Called the county sheriff down there and sent them the papers and a check and they handled the rest. You don’t need her cooperation to go ahead with the divorce. Document all communication with her.
| 1 | 7,217 | 1.8 |
s1n3tu
|
legaladvice_train
| 0.9 |
I told my wife I wanted to get divorced and 2 days later she "moved" out of state with our daughter while I was at work. I told my wife I wanted to get divorced and two days later she "moved" our of state with our daughter (20 months old) and does not plan on returning. I need help getting my daughter back. When I told her I wanted to get divorced I also said that I wanted to file for divorce together 3 days later. That day and she said that would not sign. I left for work and came back that evening to find that my wife and daughter were not home. I text her and she eventually text me back saying she needed a few days to figure her stuff out. That was 13 days ago... The day after she left I filed for divorce on my own. I was informed from the affidavit of the service of process that my wife's attorney contacted the cop serving the papers and said that my wife moved to Minnesota (I live in Colorado) and does not plan on returning. Her family is in Minnesota so she is staying with her mom and has told me over the phone that she is not returning. At this point I have not been able to serve her papers as her attorney is not officially representing her according to Colorado. On top of that, her attorney filed for divorce on her behalf the same day her attorney talked to the cop trying to serve papers and I was served papers about a week ago. I have confirmed with the courthouse that they will go with the oldest case filed for the same parties so I have not responded to the summons yet. I have filed a motion for full custody of my daughter while the divorce is pending and my wife can have supervised visitation rights every other weekend. The judge responded a few days later saying the motion was denied because I did not "incorporate legal authority" in my request. I cannot afford an attorney and no one can help me at the courthouse because it would be considered legal advise to help me understand what "legal authority" means. Can anyone help me out? My assumption is that I need to include a marriage license and possibly my daughter's birth certificate? Sorry for the long story... I am not sure what information is needed to help me out. At the end of the day, I just need to know how to get my daughter back. Colorado law states that neither spouse can take a child out of state unless they have the other spouse's permission or a court order. My wife has neither. My daughter and I have a really good relationship and I don't want my soon to be ex to ruin that.
|
hs9ttpv
|
hsagmm5
| 1,641,941,694 | 1,641,951,321 | 13 | 36 |
Agree with the advice to get a lawyer. It will be worth it and will help you know what to worry about and what not to worry about. Time IS of the essence. To put you somewhat at ease... look up the residency requirements for filing for divorce in Minnesota. I don't think they have jurisdiction and would reject the filing. An attorney can confirm and help guide you in making sure you don't accidentally do anything to lend credence to her filing.
|
If you cannot afford an attorney, go to your local Legal Aid office. You don't say what county you are in so do an internet search. They \*may\* be able to help you, if you are at a certain low income. On a related topic, why the heck would anyone agree to sign divorce papers within 3 days of one spouse saying they wanted a divorce. Only an uninformed person would do so.
| 0 | 9,627 | 2.769231 |
s1n3tu
|
legaladvice_train
| 0.9 |
I told my wife I wanted to get divorced and 2 days later she "moved" out of state with our daughter while I was at work. I told my wife I wanted to get divorced and two days later she "moved" our of state with our daughter (20 months old) and does not plan on returning. I need help getting my daughter back. When I told her I wanted to get divorced I also said that I wanted to file for divorce together 3 days later. That day and she said that would not sign. I left for work and came back that evening to find that my wife and daughter were not home. I text her and she eventually text me back saying she needed a few days to figure her stuff out. That was 13 days ago... The day after she left I filed for divorce on my own. I was informed from the affidavit of the service of process that my wife's attorney contacted the cop serving the papers and said that my wife moved to Minnesota (I live in Colorado) and does not plan on returning. Her family is in Minnesota so she is staying with her mom and has told me over the phone that she is not returning. At this point I have not been able to serve her papers as her attorney is not officially representing her according to Colorado. On top of that, her attorney filed for divorce on her behalf the same day her attorney talked to the cop trying to serve papers and I was served papers about a week ago. I have confirmed with the courthouse that they will go with the oldest case filed for the same parties so I have not responded to the summons yet. I have filed a motion for full custody of my daughter while the divorce is pending and my wife can have supervised visitation rights every other weekend. The judge responded a few days later saying the motion was denied because I did not "incorporate legal authority" in my request. I cannot afford an attorney and no one can help me at the courthouse because it would be considered legal advise to help me understand what "legal authority" means. Can anyone help me out? My assumption is that I need to include a marriage license and possibly my daughter's birth certificate? Sorry for the long story... I am not sure what information is needed to help me out. At the end of the day, I just need to know how to get my daughter back. Colorado law states that neither spouse can take a child out of state unless they have the other spouse's permission or a court order. My wife has neither. My daughter and I have a really good relationship and I don't want my soon to be ex to ruin that.
|
hs9zqg6
|
hs9ttpv
| 1,641,944,104 | 1,641,941,694 | 20 | 13 |
Get a lawyer. Have your wife served at her parents home. I had to serve my exwife in KY (I’m in WI). Called the county sheriff down there and sent them the papers and a check and they handled the rest. You don’t need her cooperation to go ahead with the divorce. Document all communication with her.
|
Agree with the advice to get a lawyer. It will be worth it and will help you know what to worry about and what not to worry about. Time IS of the essence. To put you somewhat at ease... look up the residency requirements for filing for divorce in Minnesota. I don't think they have jurisdiction and would reject the filing. An attorney can confirm and help guide you in making sure you don't accidentally do anything to lend credence to her filing.
| 1 | 2,410 | 1.538462 |
s1n3tu
|
legaladvice_train
| 0.9 |
I told my wife I wanted to get divorced and 2 days later she "moved" out of state with our daughter while I was at work. I told my wife I wanted to get divorced and two days later she "moved" our of state with our daughter (20 months old) and does not plan on returning. I need help getting my daughter back. When I told her I wanted to get divorced I also said that I wanted to file for divorce together 3 days later. That day and she said that would not sign. I left for work and came back that evening to find that my wife and daughter were not home. I text her and she eventually text me back saying she needed a few days to figure her stuff out. That was 13 days ago... The day after she left I filed for divorce on my own. I was informed from the affidavit of the service of process that my wife's attorney contacted the cop serving the papers and said that my wife moved to Minnesota (I live in Colorado) and does not plan on returning. Her family is in Minnesota so she is staying with her mom and has told me over the phone that she is not returning. At this point I have not been able to serve her papers as her attorney is not officially representing her according to Colorado. On top of that, her attorney filed for divorce on her behalf the same day her attorney talked to the cop trying to serve papers and I was served papers about a week ago. I have confirmed with the courthouse that they will go with the oldest case filed for the same parties so I have not responded to the summons yet. I have filed a motion for full custody of my daughter while the divorce is pending and my wife can have supervised visitation rights every other weekend. The judge responded a few days later saying the motion was denied because I did not "incorporate legal authority" in my request. I cannot afford an attorney and no one can help me at the courthouse because it would be considered legal advise to help me understand what "legal authority" means. Can anyone help me out? My assumption is that I need to include a marriage license and possibly my daughter's birth certificate? Sorry for the long story... I am not sure what information is needed to help me out. At the end of the day, I just need to know how to get my daughter back. Colorado law states that neither spouse can take a child out of state unless they have the other spouse's permission or a court order. My wife has neither. My daughter and I have a really good relationship and I don't want my soon to be ex to ruin that.
|
hsbf5lq
|
hsb7zqs
| 1,641,967,922 | 1,641,963,753 | 7 | 3 |
You’ve got to get a lawyer. I know it’s expensive, but it’s worth not losing your daughter.
|
Unfortunately, without the assistance of an attorney, it is difficult to say exactly what you need to do to get your daughter back. It is advisable to speak to an attorney in order to get specific legal advice relating to your situation.
| 1 | 4,169 | 2.333333 |
s1n3tu
|
legaladvice_train
| 0.9 |
I told my wife I wanted to get divorced and 2 days later she "moved" out of state with our daughter while I was at work. I told my wife I wanted to get divorced and two days later she "moved" our of state with our daughter (20 months old) and does not plan on returning. I need help getting my daughter back. When I told her I wanted to get divorced I also said that I wanted to file for divorce together 3 days later. That day and she said that would not sign. I left for work and came back that evening to find that my wife and daughter were not home. I text her and she eventually text me back saying she needed a few days to figure her stuff out. That was 13 days ago... The day after she left I filed for divorce on my own. I was informed from the affidavit of the service of process that my wife's attorney contacted the cop serving the papers and said that my wife moved to Minnesota (I live in Colorado) and does not plan on returning. Her family is in Minnesota so she is staying with her mom and has told me over the phone that she is not returning. At this point I have not been able to serve her papers as her attorney is not officially representing her according to Colorado. On top of that, her attorney filed for divorce on her behalf the same day her attorney talked to the cop trying to serve papers and I was served papers about a week ago. I have confirmed with the courthouse that they will go with the oldest case filed for the same parties so I have not responded to the summons yet. I have filed a motion for full custody of my daughter while the divorce is pending and my wife can have supervised visitation rights every other weekend. The judge responded a few days later saying the motion was denied because I did not "incorporate legal authority" in my request. I cannot afford an attorney and no one can help me at the courthouse because it would be considered legal advise to help me understand what "legal authority" means. Can anyone help me out? My assumption is that I need to include a marriage license and possibly my daughter's birth certificate? Sorry for the long story... I am not sure what information is needed to help me out. At the end of the day, I just need to know how to get my daughter back. Colorado law states that neither spouse can take a child out of state unless they have the other spouse's permission or a court order. My wife has neither. My daughter and I have a really good relationship and I don't want my soon to be ex to ruin that.
|
hsbf5lq
|
hsb1y29
| 1,641,967,922 | 1,641,960,689 | 7 | 2 |
You’ve got to get a lawyer. I know it’s expensive, but it’s worth not losing your daughter.
|
You need to see if there are any legal aid organizations in your city that can represent you. Otherwise you should see if you can find any money to retain a private attorney. You will need an attorney for this.
| 1 | 7,233 | 3.5 |
s1n3tu
|
legaladvice_train
| 0.9 |
I told my wife I wanted to get divorced and 2 days later she "moved" out of state with our daughter while I was at work. I told my wife I wanted to get divorced and two days later she "moved" our of state with our daughter (20 months old) and does not plan on returning. I need help getting my daughter back. When I told her I wanted to get divorced I also said that I wanted to file for divorce together 3 days later. That day and she said that would not sign. I left for work and came back that evening to find that my wife and daughter were not home. I text her and she eventually text me back saying she needed a few days to figure her stuff out. That was 13 days ago... The day after she left I filed for divorce on my own. I was informed from the affidavit of the service of process that my wife's attorney contacted the cop serving the papers and said that my wife moved to Minnesota (I live in Colorado) and does not plan on returning. Her family is in Minnesota so she is staying with her mom and has told me over the phone that she is not returning. At this point I have not been able to serve her papers as her attorney is not officially representing her according to Colorado. On top of that, her attorney filed for divorce on her behalf the same day her attorney talked to the cop trying to serve papers and I was served papers about a week ago. I have confirmed with the courthouse that they will go with the oldest case filed for the same parties so I have not responded to the summons yet. I have filed a motion for full custody of my daughter while the divorce is pending and my wife can have supervised visitation rights every other weekend. The judge responded a few days later saying the motion was denied because I did not "incorporate legal authority" in my request. I cannot afford an attorney and no one can help me at the courthouse because it would be considered legal advise to help me understand what "legal authority" means. Can anyone help me out? My assumption is that I need to include a marriage license and possibly my daughter's birth certificate? Sorry for the long story... I am not sure what information is needed to help me out. At the end of the day, I just need to know how to get my daughter back. Colorado law states that neither spouse can take a child out of state unless they have the other spouse's permission or a court order. My wife has neither. My daughter and I have a really good relationship and I don't want my soon to be ex to ruin that.
|
hsb7zqs
|
hsb1y29
| 1,641,963,753 | 1,641,960,689 | 3 | 2 |
Unfortunately, without the assistance of an attorney, it is difficult to say exactly what you need to do to get your daughter back. It is advisable to speak to an attorney in order to get specific legal advice relating to your situation.
|
You need to see if there are any legal aid organizations in your city that can represent you. Otherwise you should see if you can find any money to retain a private attorney. You will need an attorney for this.
| 1 | 3,064 | 1.5 |
fk9qeg
|
legaladvice_train
| 0.97 |
Parents bought a house for roughly half a million, Neighbor in the back thinks a chunk of their property is his because he planted trees on it and took care of it for 20 years before they bought it. Now he wants them to give it to them Hi there. I'm not too familiar with this subreddit, but I was given some advice to come here, to at least get some direction on this situation. Any help with what information I have would be appreciated. Also, apologies for any mistakes. I'm on mobile. So for background on this, last year, my parents were looking to buy a house, and settled on one with an HOA in Overland Park KS. They quite literally closed on it a few days after Christmas. Currently, my Mother is the one living there, as she is working abroad while my sister works towards finishing her last term as a senior in highschool (which we hope the closing for Corvid-19 won't delay, but nothing is ever easy) in the town my Mother to live in. My sister lives with my Father in that town, so he has to make a 6-8 hour commute every weekend to handle projects for my Mother, as she is an administrator at a local hospital while consistently being on call. They are looking to repair an electric fence to keep their dogs within the property for when my sister graduates and they all move down there. They needed to submit a plan and map done by a professional surveyor to be allowed to bring in anyone who can work on it. That is where this trouble has begun. While the surveyor was outside doing their job on the very backside of their backyard, my Mother's rear neighbor came outside and shouted at them to leave his property and that they had better not be planning on building anything on it. Apparently, he had planted about 8 trees (I do not remember an exact number) on what he believed to be his property 20 years ago and has been taking care of it ever since. The previous owners never brought this up with him. Now, my Father is a prickly person, and does not do diplomacy very well, but he apparently called him this morning to figure things out. This neighborhood is apparently acknowledge he never paid for this property not legally owns it, but wants my parents to give it to him for free, as he has been taking care of it for so long. My Father was indignant at this, demanding to be paid if he wants it that badly, noting not a single contract either of them has ever signed has given him any right to the property. I should note, these are not the only property issues they are currently having after moving here. Another neighbor to their left had not followed HOA guidelines when he built a pocket fence 5 feet inside his line, and the HOA is telling both my parents and him that the electric fence and his have to meet at the property line, though he is demanding we leave an alleyway type of space. Further, this all happened with the rear neighbor literally this morning, and the HOA has not had time to input to my knowledge.
|
fkrkibu
|
fkrivvg
| 1,584,470,652 | 1,584,469,745 | 2,498 | 104 |
For the rear neighbor's claim, your parents are in "get a property lawyer" territory, because adverse possession in Kansas is 15 years and might apply here. That also might allow your parents to recoup a portion of their sales price from the sellers, if they knowingly allowed an adverse possession to occur and didn't inform buyers. The sellers' real estate agent might also be on the hook. The fence issue will depend on the CC&R, and it seems like the neighbor has the real problem here since your parents can't start their fence until the other issue is settled first anyway. Not a lawyer
|
Make sure the survey gets done, and then consult a real estate attorney in your area. I would make the rear neighbor pay for land I own too, even if he did plant trees on it. For the left neighbor, I would just follow HOA guidelines and do it how it needs to be to avoid the wrath of the HOA. Like first poster though, Fuck HOAs.
| 1 | 907 | 24.019231 |
fk9qeg
|
legaladvice_train
| 0.97 |
Parents bought a house for roughly half a million, Neighbor in the back thinks a chunk of their property is his because he planted trees on it and took care of it for 20 years before they bought it. Now he wants them to give it to them Hi there. I'm not too familiar with this subreddit, but I was given some advice to come here, to at least get some direction on this situation. Any help with what information I have would be appreciated. Also, apologies for any mistakes. I'm on mobile. So for background on this, last year, my parents were looking to buy a house, and settled on one with an HOA in Overland Park KS. They quite literally closed on it a few days after Christmas. Currently, my Mother is the one living there, as she is working abroad while my sister works towards finishing her last term as a senior in highschool (which we hope the closing for Corvid-19 won't delay, but nothing is ever easy) in the town my Mother to live in. My sister lives with my Father in that town, so he has to make a 6-8 hour commute every weekend to handle projects for my Mother, as she is an administrator at a local hospital while consistently being on call. They are looking to repair an electric fence to keep their dogs within the property for when my sister graduates and they all move down there. They needed to submit a plan and map done by a professional surveyor to be allowed to bring in anyone who can work on it. That is where this trouble has begun. While the surveyor was outside doing their job on the very backside of their backyard, my Mother's rear neighbor came outside and shouted at them to leave his property and that they had better not be planning on building anything on it. Apparently, he had planted about 8 trees (I do not remember an exact number) on what he believed to be his property 20 years ago and has been taking care of it ever since. The previous owners never brought this up with him. Now, my Father is a prickly person, and does not do diplomacy very well, but he apparently called him this morning to figure things out. This neighborhood is apparently acknowledge he never paid for this property not legally owns it, but wants my parents to give it to him for free, as he has been taking care of it for so long. My Father was indignant at this, demanding to be paid if he wants it that badly, noting not a single contract either of them has ever signed has given him any right to the property. I should note, these are not the only property issues they are currently having after moving here. Another neighbor to their left had not followed HOA guidelines when he built a pocket fence 5 feet inside his line, and the HOA is telling both my parents and him that the electric fence and his have to meet at the property line, though he is demanding we leave an alleyway type of space. Further, this all happened with the rear neighbor literally this morning, and the HOA has not had time to input to my knowledge.
|
fkrkibu
|
fkriwr2
| 1,584,470,652 | 1,584,469,758 | 2,498 | 10 |
For the rear neighbor's claim, your parents are in "get a property lawyer" territory, because adverse possession in Kansas is 15 years and might apply here. That also might allow your parents to recoup a portion of their sales price from the sellers, if they knowingly allowed an adverse possession to occur and didn't inform buyers. The sellers' real estate agent might also be on the hook. The fence issue will depend on the CC&R, and it seems like the neighbor has the real problem here since your parents can't start their fence until the other issue is settled first anyway. Not a lawyer
|
The neighbor may actually be correct. He may now own the land through the doctrine of adverse possession. Different states have different requirements to trigger this. You need to ask a Kansas real estate attorney.
| 1 | 894 | 249.8 |
fk9qeg
|
legaladvice_train
| 0.97 |
Parents bought a house for roughly half a million, Neighbor in the back thinks a chunk of their property is his because he planted trees on it and took care of it for 20 years before they bought it. Now he wants them to give it to them Hi there. I'm not too familiar with this subreddit, but I was given some advice to come here, to at least get some direction on this situation. Any help with what information I have would be appreciated. Also, apologies for any mistakes. I'm on mobile. So for background on this, last year, my parents were looking to buy a house, and settled on one with an HOA in Overland Park KS. They quite literally closed on it a few days after Christmas. Currently, my Mother is the one living there, as she is working abroad while my sister works towards finishing her last term as a senior in highschool (which we hope the closing for Corvid-19 won't delay, but nothing is ever easy) in the town my Mother to live in. My sister lives with my Father in that town, so he has to make a 6-8 hour commute every weekend to handle projects for my Mother, as she is an administrator at a local hospital while consistently being on call. They are looking to repair an electric fence to keep their dogs within the property for when my sister graduates and they all move down there. They needed to submit a plan and map done by a professional surveyor to be allowed to bring in anyone who can work on it. That is where this trouble has begun. While the surveyor was outside doing their job on the very backside of their backyard, my Mother's rear neighbor came outside and shouted at them to leave his property and that they had better not be planning on building anything on it. Apparently, he had planted about 8 trees (I do not remember an exact number) on what he believed to be his property 20 years ago and has been taking care of it ever since. The previous owners never brought this up with him. Now, my Father is a prickly person, and does not do diplomacy very well, but he apparently called him this morning to figure things out. This neighborhood is apparently acknowledge he never paid for this property not legally owns it, but wants my parents to give it to him for free, as he has been taking care of it for so long. My Father was indignant at this, demanding to be paid if he wants it that badly, noting not a single contract either of them has ever signed has given him any right to the property. I should note, these are not the only property issues they are currently having after moving here. Another neighbor to their left had not followed HOA guidelines when he built a pocket fence 5 feet inside his line, and the HOA is telling both my parents and him that the electric fence and his have to meet at the property line, though he is demanding we leave an alleyway type of space. Further, this all happened with the rear neighbor literally this morning, and the HOA has not had time to input to my knowledge.
|
fkrlmus
|
fkrtl89
| 1,584,471,273 | 1,584,475,770 | 135 | 512 |
Besides getting a lawyer, check the property taxes of the house over the last 20 years. If the property taxes had been paid by your lot instead of your neighbors it could benefit you a lot in court. Also, the neighbor would likely needed to file an adverse possession claim (Or do so now) and be able to prove that he has been taking care of these tree's. The position of the tree's will matter as well, if they are right next to his house he may have a (more) valid claim. If your houses are like acres apart and they are in the middle somewhere less so. Also you mentioned a *broken* fence, not a *new* fence. Are the trees on your side of the fence? All this might be help decide whether a court would believe him or not.
|
Normally part of buying a house is getting title insurance. This is exactly what it is for call them and let them handle it.
| 0 | 4,497 | 3.792593 |
fk9qeg
|
legaladvice_train
| 0.97 |
Parents bought a house for roughly half a million, Neighbor in the back thinks a chunk of their property is his because he planted trees on it and took care of it for 20 years before they bought it. Now he wants them to give it to them Hi there. I'm not too familiar with this subreddit, but I was given some advice to come here, to at least get some direction on this situation. Any help with what information I have would be appreciated. Also, apologies for any mistakes. I'm on mobile. So for background on this, last year, my parents were looking to buy a house, and settled on one with an HOA in Overland Park KS. They quite literally closed on it a few days after Christmas. Currently, my Mother is the one living there, as she is working abroad while my sister works towards finishing her last term as a senior in highschool (which we hope the closing for Corvid-19 won't delay, but nothing is ever easy) in the town my Mother to live in. My sister lives with my Father in that town, so he has to make a 6-8 hour commute every weekend to handle projects for my Mother, as she is an administrator at a local hospital while consistently being on call. They are looking to repair an electric fence to keep their dogs within the property for when my sister graduates and they all move down there. They needed to submit a plan and map done by a professional surveyor to be allowed to bring in anyone who can work on it. That is where this trouble has begun. While the surveyor was outside doing their job on the very backside of their backyard, my Mother's rear neighbor came outside and shouted at them to leave his property and that they had better not be planning on building anything on it. Apparently, he had planted about 8 trees (I do not remember an exact number) on what he believed to be his property 20 years ago and has been taking care of it ever since. The previous owners never brought this up with him. Now, my Father is a prickly person, and does not do diplomacy very well, but he apparently called him this morning to figure things out. This neighborhood is apparently acknowledge he never paid for this property not legally owns it, but wants my parents to give it to him for free, as he has been taking care of it for so long. My Father was indignant at this, demanding to be paid if he wants it that badly, noting not a single contract either of them has ever signed has given him any right to the property. I should note, these are not the only property issues they are currently having after moving here. Another neighbor to their left had not followed HOA guidelines when he built a pocket fence 5 feet inside his line, and the HOA is telling both my parents and him that the electric fence and his have to meet at the property line, though he is demanding we leave an alleyway type of space. Further, this all happened with the rear neighbor literally this morning, and the HOA has not had time to input to my knowledge.
|
fkrivvg
|
fkrtl89
| 1,584,469,745 | 1,584,475,770 | 104 | 512 |
Make sure the survey gets done, and then consult a real estate attorney in your area. I would make the rear neighbor pay for land I own too, even if he did plant trees on it. For the left neighbor, I would just follow HOA guidelines and do it how it needs to be to avoid the wrath of the HOA. Like first poster though, Fuck HOAs.
|
Normally part of buying a house is getting title insurance. This is exactly what it is for call them and let them handle it.
| 0 | 6,025 | 4.923077 |
fk9qeg
|
legaladvice_train
| 0.97 |
Parents bought a house for roughly half a million, Neighbor in the back thinks a chunk of their property is his because he planted trees on it and took care of it for 20 years before they bought it. Now he wants them to give it to them Hi there. I'm not too familiar with this subreddit, but I was given some advice to come here, to at least get some direction on this situation. Any help with what information I have would be appreciated. Also, apologies for any mistakes. I'm on mobile. So for background on this, last year, my parents were looking to buy a house, and settled on one with an HOA in Overland Park KS. They quite literally closed on it a few days after Christmas. Currently, my Mother is the one living there, as she is working abroad while my sister works towards finishing her last term as a senior in highschool (which we hope the closing for Corvid-19 won't delay, but nothing is ever easy) in the town my Mother to live in. My sister lives with my Father in that town, so he has to make a 6-8 hour commute every weekend to handle projects for my Mother, as she is an administrator at a local hospital while consistently being on call. They are looking to repair an electric fence to keep their dogs within the property for when my sister graduates and they all move down there. They needed to submit a plan and map done by a professional surveyor to be allowed to bring in anyone who can work on it. That is where this trouble has begun. While the surveyor was outside doing their job on the very backside of their backyard, my Mother's rear neighbor came outside and shouted at them to leave his property and that they had better not be planning on building anything on it. Apparently, he had planted about 8 trees (I do not remember an exact number) on what he believed to be his property 20 years ago and has been taking care of it ever since. The previous owners never brought this up with him. Now, my Father is a prickly person, and does not do diplomacy very well, but he apparently called him this morning to figure things out. This neighborhood is apparently acknowledge he never paid for this property not legally owns it, but wants my parents to give it to him for free, as he has been taking care of it for so long. My Father was indignant at this, demanding to be paid if he wants it that badly, noting not a single contract either of them has ever signed has given him any right to the property. I should note, these are not the only property issues they are currently having after moving here. Another neighbor to their left had not followed HOA guidelines when he built a pocket fence 5 feet inside his line, and the HOA is telling both my parents and him that the electric fence and his have to meet at the property line, though he is demanding we leave an alleyway type of space. Further, this all happened with the rear neighbor literally this morning, and the HOA has not had time to input to my knowledge.
|
fkrrt38
|
fkrtl89
| 1,584,474,752 | 1,584,475,770 | 18 | 512 |
When we bought our house and when we sold my parents home, a plat of survey was required for the sale that was less than a certain time period old (we needed a new one for my parents house because the one we had was dated in the 1940’s). Do you have a recent on? Or was the one you mentioned was the only recent one? Not a lawyer - but in addition to getting a lawyer, I would think your title insurance company should be involved.
|
Normally part of buying a house is getting title insurance. This is exactly what it is for call them and let them handle it.
| 0 | 1,018 | 28.444444 |
fk9qeg
|
legaladvice_train
| 0.97 |
Parents bought a house for roughly half a million, Neighbor in the back thinks a chunk of their property is his because he planted trees on it and took care of it for 20 years before they bought it. Now he wants them to give it to them Hi there. I'm not too familiar with this subreddit, but I was given some advice to come here, to at least get some direction on this situation. Any help with what information I have would be appreciated. Also, apologies for any mistakes. I'm on mobile. So for background on this, last year, my parents were looking to buy a house, and settled on one with an HOA in Overland Park KS. They quite literally closed on it a few days after Christmas. Currently, my Mother is the one living there, as she is working abroad while my sister works towards finishing her last term as a senior in highschool (which we hope the closing for Corvid-19 won't delay, but nothing is ever easy) in the town my Mother to live in. My sister lives with my Father in that town, so he has to make a 6-8 hour commute every weekend to handle projects for my Mother, as she is an administrator at a local hospital while consistently being on call. They are looking to repair an electric fence to keep their dogs within the property for when my sister graduates and they all move down there. They needed to submit a plan and map done by a professional surveyor to be allowed to bring in anyone who can work on it. That is where this trouble has begun. While the surveyor was outside doing their job on the very backside of their backyard, my Mother's rear neighbor came outside and shouted at them to leave his property and that they had better not be planning on building anything on it. Apparently, he had planted about 8 trees (I do not remember an exact number) on what he believed to be his property 20 years ago and has been taking care of it ever since. The previous owners never brought this up with him. Now, my Father is a prickly person, and does not do diplomacy very well, but he apparently called him this morning to figure things out. This neighborhood is apparently acknowledge he never paid for this property not legally owns it, but wants my parents to give it to him for free, as he has been taking care of it for so long. My Father was indignant at this, demanding to be paid if he wants it that badly, noting not a single contract either of them has ever signed has given him any right to the property. I should note, these are not the only property issues they are currently having after moving here. Another neighbor to their left had not followed HOA guidelines when he built a pocket fence 5 feet inside his line, and the HOA is telling both my parents and him that the electric fence and his have to meet at the property line, though he is demanding we leave an alleyway type of space. Further, this all happened with the rear neighbor literally this morning, and the HOA has not had time to input to my knowledge.
|
fkrtl89
|
fkriwr2
| 1,584,475,770 | 1,584,469,758 | 512 | 10 |
Normally part of buying a house is getting title insurance. This is exactly what it is for call them and let them handle it.
|
The neighbor may actually be correct. He may now own the land through the doctrine of adverse possession. Different states have different requirements to trigger this. You need to ask a Kansas real estate attorney.
| 1 | 6,012 | 51.2 |
fk9qeg
|
legaladvice_train
| 0.97 |
Parents bought a house for roughly half a million, Neighbor in the back thinks a chunk of their property is his because he planted trees on it and took care of it for 20 years before they bought it. Now he wants them to give it to them Hi there. I'm not too familiar with this subreddit, but I was given some advice to come here, to at least get some direction on this situation. Any help with what information I have would be appreciated. Also, apologies for any mistakes. I'm on mobile. So for background on this, last year, my parents were looking to buy a house, and settled on one with an HOA in Overland Park KS. They quite literally closed on it a few days after Christmas. Currently, my Mother is the one living there, as she is working abroad while my sister works towards finishing her last term as a senior in highschool (which we hope the closing for Corvid-19 won't delay, but nothing is ever easy) in the town my Mother to live in. My sister lives with my Father in that town, so he has to make a 6-8 hour commute every weekend to handle projects for my Mother, as she is an administrator at a local hospital while consistently being on call. They are looking to repair an electric fence to keep their dogs within the property for when my sister graduates and they all move down there. They needed to submit a plan and map done by a professional surveyor to be allowed to bring in anyone who can work on it. That is where this trouble has begun. While the surveyor was outside doing their job on the very backside of their backyard, my Mother's rear neighbor came outside and shouted at them to leave his property and that they had better not be planning on building anything on it. Apparently, he had planted about 8 trees (I do not remember an exact number) on what he believed to be his property 20 years ago and has been taking care of it ever since. The previous owners never brought this up with him. Now, my Father is a prickly person, and does not do diplomacy very well, but he apparently called him this morning to figure things out. This neighborhood is apparently acknowledge he never paid for this property not legally owns it, but wants my parents to give it to him for free, as he has been taking care of it for so long. My Father was indignant at this, demanding to be paid if he wants it that badly, noting not a single contract either of them has ever signed has given him any right to the property. I should note, these are not the only property issues they are currently having after moving here. Another neighbor to their left had not followed HOA guidelines when he built a pocket fence 5 feet inside his line, and the HOA is telling both my parents and him that the electric fence and his have to meet at the property line, though he is demanding we leave an alleyway type of space. Further, this all happened with the rear neighbor literally this morning, and the HOA has not had time to input to my knowledge.
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fkrth0g
|
fkrtl89
| 1,584,475,703 | 1,584,475,770 | 5 | 512 |
Doesn't matter what he wants unless like others have mentioned if adverse possession applies here. Property lawyer is definitely the best way to go. Also, hello fellow overland Park resident!
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Normally part of buying a house is getting title insurance. This is exactly what it is for call them and let them handle it.
| 0 | 67 | 102.4 |
fk9qeg
|
legaladvice_train
| 0.97 |
Parents bought a house for roughly half a million, Neighbor in the back thinks a chunk of their property is his because he planted trees on it and took care of it for 20 years before they bought it. Now he wants them to give it to them Hi there. I'm not too familiar with this subreddit, but I was given some advice to come here, to at least get some direction on this situation. Any help with what information I have would be appreciated. Also, apologies for any mistakes. I'm on mobile. So for background on this, last year, my parents were looking to buy a house, and settled on one with an HOA in Overland Park KS. They quite literally closed on it a few days after Christmas. Currently, my Mother is the one living there, as she is working abroad while my sister works towards finishing her last term as a senior in highschool (which we hope the closing for Corvid-19 won't delay, but nothing is ever easy) in the town my Mother to live in. My sister lives with my Father in that town, so he has to make a 6-8 hour commute every weekend to handle projects for my Mother, as she is an administrator at a local hospital while consistently being on call. They are looking to repair an electric fence to keep their dogs within the property for when my sister graduates and they all move down there. They needed to submit a plan and map done by a professional surveyor to be allowed to bring in anyone who can work on it. That is where this trouble has begun. While the surveyor was outside doing their job on the very backside of their backyard, my Mother's rear neighbor came outside and shouted at them to leave his property and that they had better not be planning on building anything on it. Apparently, he had planted about 8 trees (I do not remember an exact number) on what he believed to be his property 20 years ago and has been taking care of it ever since. The previous owners never brought this up with him. Now, my Father is a prickly person, and does not do diplomacy very well, but he apparently called him this morning to figure things out. This neighborhood is apparently acknowledge he never paid for this property not legally owns it, but wants my parents to give it to him for free, as he has been taking care of it for so long. My Father was indignant at this, demanding to be paid if he wants it that badly, noting not a single contract either of them has ever signed has given him any right to the property. I should note, these are not the only property issues they are currently having after moving here. Another neighbor to their left had not followed HOA guidelines when he built a pocket fence 5 feet inside his line, and the HOA is telling both my parents and him that the electric fence and his have to meet at the property line, though he is demanding we leave an alleyway type of space. Further, this all happened with the rear neighbor literally this morning, and the HOA has not had time to input to my knowledge.
|
fkryxdr
|
fkrufw2
| 1,584,478,816 | 1,584,476,254 | 261 | 159 |
“In Kansas, it is not enough to annually or occasionally enter unenclosed land, and the requirement of exclusive possession is not satisfied if occupancy of the land is shared by the owner or agents and tenants of the owner. Furthermore, if the true owner of the parcel enters the disputed property in an open manner with the intent to exclude the possessor, that entry will toll the 15-year statute of limitations in Kansas and put the adverse possessor on notice that the true owner means to repossess the land. That will have the effect of essentially ejecting the possessor.” The neighbor doesn’t appear to have ever had exclusive or continuous and uninterrupted possession of the portion of the parcel. Additionally, presuming that the previous owners lived on the property, it would reset the toll on the statute of limitations.
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Definitely get a property lawyer on this. Hell, the other guy is a lawyer getting a property lawyer. That being said, I’m not sure that “taking care of trees” is enough of an activity for him to claim adverse possession. I mean, did he mow the area? Weed whack it? Can he prove he planted the trees? Trees grow man, that’s what they do, right? As far as legal costs go, I think there is insurance and warranties for this sort of thing, so hopefully you don’t have to pay for the lawyer yourself.
| 1 | 2,562 | 1.641509 |
fk9qeg
|
legaladvice_train
| 0.97 |
Parents bought a house for roughly half a million, Neighbor in the back thinks a chunk of their property is his because he planted trees on it and took care of it for 20 years before they bought it. Now he wants them to give it to them Hi there. I'm not too familiar with this subreddit, but I was given some advice to come here, to at least get some direction on this situation. Any help with what information I have would be appreciated. Also, apologies for any mistakes. I'm on mobile. So for background on this, last year, my parents were looking to buy a house, and settled on one with an HOA in Overland Park KS. They quite literally closed on it a few days after Christmas. Currently, my Mother is the one living there, as she is working abroad while my sister works towards finishing her last term as a senior in highschool (which we hope the closing for Corvid-19 won't delay, but nothing is ever easy) in the town my Mother to live in. My sister lives with my Father in that town, so he has to make a 6-8 hour commute every weekend to handle projects for my Mother, as she is an administrator at a local hospital while consistently being on call. They are looking to repair an electric fence to keep their dogs within the property for when my sister graduates and they all move down there. They needed to submit a plan and map done by a professional surveyor to be allowed to bring in anyone who can work on it. That is where this trouble has begun. While the surveyor was outside doing their job on the very backside of their backyard, my Mother's rear neighbor came outside and shouted at them to leave his property and that they had better not be planning on building anything on it. Apparently, he had planted about 8 trees (I do not remember an exact number) on what he believed to be his property 20 years ago and has been taking care of it ever since. The previous owners never brought this up with him. Now, my Father is a prickly person, and does not do diplomacy very well, but he apparently called him this morning to figure things out. This neighborhood is apparently acknowledge he never paid for this property not legally owns it, but wants my parents to give it to him for free, as he has been taking care of it for so long. My Father was indignant at this, demanding to be paid if he wants it that badly, noting not a single contract either of them has ever signed has given him any right to the property. I should note, these are not the only property issues they are currently having after moving here. Another neighbor to their left had not followed HOA guidelines when he built a pocket fence 5 feet inside his line, and the HOA is telling both my parents and him that the electric fence and his have to meet at the property line, though he is demanding we leave an alleyway type of space. Further, this all happened with the rear neighbor literally this morning, and the HOA has not had time to input to my knowledge.
|
fkrlmus
|
fkryxdr
| 1,584,471,273 | 1,584,478,816 | 135 | 261 |
Besides getting a lawyer, check the property taxes of the house over the last 20 years. If the property taxes had been paid by your lot instead of your neighbors it could benefit you a lot in court. Also, the neighbor would likely needed to file an adverse possession claim (Or do so now) and be able to prove that he has been taking care of these tree's. The position of the tree's will matter as well, if they are right next to his house he may have a (more) valid claim. If your houses are like acres apart and they are in the middle somewhere less so. Also you mentioned a *broken* fence, not a *new* fence. Are the trees on your side of the fence? All this might be help decide whether a court would believe him or not.
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“In Kansas, it is not enough to annually or occasionally enter unenclosed land, and the requirement of exclusive possession is not satisfied if occupancy of the land is shared by the owner or agents and tenants of the owner. Furthermore, if the true owner of the parcel enters the disputed property in an open manner with the intent to exclude the possessor, that entry will toll the 15-year statute of limitations in Kansas and put the adverse possessor on notice that the true owner means to repossess the land. That will have the effect of essentially ejecting the possessor.” The neighbor doesn’t appear to have ever had exclusive or continuous and uninterrupted possession of the portion of the parcel. Additionally, presuming that the previous owners lived on the property, it would reset the toll on the statute of limitations.
| 0 | 7,543 | 1.933333 |
fk9qeg
|
legaladvice_train
| 0.97 |
Parents bought a house for roughly half a million, Neighbor in the back thinks a chunk of their property is his because he planted trees on it and took care of it for 20 years before they bought it. Now he wants them to give it to them Hi there. I'm not too familiar with this subreddit, but I was given some advice to come here, to at least get some direction on this situation. Any help with what information I have would be appreciated. Also, apologies for any mistakes. I'm on mobile. So for background on this, last year, my parents were looking to buy a house, and settled on one with an HOA in Overland Park KS. They quite literally closed on it a few days after Christmas. Currently, my Mother is the one living there, as she is working abroad while my sister works towards finishing her last term as a senior in highschool (which we hope the closing for Corvid-19 won't delay, but nothing is ever easy) in the town my Mother to live in. My sister lives with my Father in that town, so he has to make a 6-8 hour commute every weekend to handle projects for my Mother, as she is an administrator at a local hospital while consistently being on call. They are looking to repair an electric fence to keep their dogs within the property for when my sister graduates and they all move down there. They needed to submit a plan and map done by a professional surveyor to be allowed to bring in anyone who can work on it. That is where this trouble has begun. While the surveyor was outside doing their job on the very backside of their backyard, my Mother's rear neighbor came outside and shouted at them to leave his property and that they had better not be planning on building anything on it. Apparently, he had planted about 8 trees (I do not remember an exact number) on what he believed to be his property 20 years ago and has been taking care of it ever since. The previous owners never brought this up with him. Now, my Father is a prickly person, and does not do diplomacy very well, but he apparently called him this morning to figure things out. This neighborhood is apparently acknowledge he never paid for this property not legally owns it, but wants my parents to give it to him for free, as he has been taking care of it for so long. My Father was indignant at this, demanding to be paid if he wants it that badly, noting not a single contract either of them has ever signed has given him any right to the property. I should note, these are not the only property issues they are currently having after moving here. Another neighbor to their left had not followed HOA guidelines when he built a pocket fence 5 feet inside his line, and the HOA is telling both my parents and him that the electric fence and his have to meet at the property line, though he is demanding we leave an alleyway type of space. Further, this all happened with the rear neighbor literally this morning, and the HOA has not had time to input to my knowledge.
|
fkryxdr
|
fkrivvg
| 1,584,478,816 | 1,584,469,745 | 261 | 104 |
“In Kansas, it is not enough to annually or occasionally enter unenclosed land, and the requirement of exclusive possession is not satisfied if occupancy of the land is shared by the owner or agents and tenants of the owner. Furthermore, if the true owner of the parcel enters the disputed property in an open manner with the intent to exclude the possessor, that entry will toll the 15-year statute of limitations in Kansas and put the adverse possessor on notice that the true owner means to repossess the land. That will have the effect of essentially ejecting the possessor.” The neighbor doesn’t appear to have ever had exclusive or continuous and uninterrupted possession of the portion of the parcel. Additionally, presuming that the previous owners lived on the property, it would reset the toll on the statute of limitations.
|
Make sure the survey gets done, and then consult a real estate attorney in your area. I would make the rear neighbor pay for land I own too, even if he did plant trees on it. For the left neighbor, I would just follow HOA guidelines and do it how it needs to be to avoid the wrath of the HOA. Like first poster though, Fuck HOAs.
| 1 | 9,071 | 2.509615 |
fk9qeg
|
legaladvice_train
| 0.97 |
Parents bought a house for roughly half a million, Neighbor in the back thinks a chunk of their property is his because he planted trees on it and took care of it for 20 years before they bought it. Now he wants them to give it to them Hi there. I'm not too familiar with this subreddit, but I was given some advice to come here, to at least get some direction on this situation. Any help with what information I have would be appreciated. Also, apologies for any mistakes. I'm on mobile. So for background on this, last year, my parents were looking to buy a house, and settled on one with an HOA in Overland Park KS. They quite literally closed on it a few days after Christmas. Currently, my Mother is the one living there, as she is working abroad while my sister works towards finishing her last term as a senior in highschool (which we hope the closing for Corvid-19 won't delay, but nothing is ever easy) in the town my Mother to live in. My sister lives with my Father in that town, so he has to make a 6-8 hour commute every weekend to handle projects for my Mother, as she is an administrator at a local hospital while consistently being on call. They are looking to repair an electric fence to keep their dogs within the property for when my sister graduates and they all move down there. They needed to submit a plan and map done by a professional surveyor to be allowed to bring in anyone who can work on it. That is where this trouble has begun. While the surveyor was outside doing their job on the very backside of their backyard, my Mother's rear neighbor came outside and shouted at them to leave his property and that they had better not be planning on building anything on it. Apparently, he had planted about 8 trees (I do not remember an exact number) on what he believed to be his property 20 years ago and has been taking care of it ever since. The previous owners never brought this up with him. Now, my Father is a prickly person, and does not do diplomacy very well, but he apparently called him this morning to figure things out. This neighborhood is apparently acknowledge he never paid for this property not legally owns it, but wants my parents to give it to him for free, as he has been taking care of it for so long. My Father was indignant at this, demanding to be paid if he wants it that badly, noting not a single contract either of them has ever signed has given him any right to the property. I should note, these are not the only property issues they are currently having after moving here. Another neighbor to their left had not followed HOA guidelines when he built a pocket fence 5 feet inside his line, and the HOA is telling both my parents and him that the electric fence and his have to meet at the property line, though he is demanding we leave an alleyway type of space. Further, this all happened with the rear neighbor literally this morning, and the HOA has not had time to input to my knowledge.
|
fkrrt38
|
fkryxdr
| 1,584,474,752 | 1,584,478,816 | 18 | 261 |
When we bought our house and when we sold my parents home, a plat of survey was required for the sale that was less than a certain time period old (we needed a new one for my parents house because the one we had was dated in the 1940’s). Do you have a recent on? Or was the one you mentioned was the only recent one? Not a lawyer - but in addition to getting a lawyer, I would think your title insurance company should be involved.
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“In Kansas, it is not enough to annually or occasionally enter unenclosed land, and the requirement of exclusive possession is not satisfied if occupancy of the land is shared by the owner or agents and tenants of the owner. Furthermore, if the true owner of the parcel enters the disputed property in an open manner with the intent to exclude the possessor, that entry will toll the 15-year statute of limitations in Kansas and put the adverse possessor on notice that the true owner means to repossess the land. That will have the effect of essentially ejecting the possessor.” The neighbor doesn’t appear to have ever had exclusive or continuous and uninterrupted possession of the portion of the parcel. Additionally, presuming that the previous owners lived on the property, it would reset the toll on the statute of limitations.
| 0 | 4,064 | 14.5 |
fk9qeg
|
legaladvice_train
| 0.97 |
Parents bought a house for roughly half a million, Neighbor in the back thinks a chunk of their property is his because he planted trees on it and took care of it for 20 years before they bought it. Now he wants them to give it to them Hi there. I'm not too familiar with this subreddit, but I was given some advice to come here, to at least get some direction on this situation. Any help with what information I have would be appreciated. Also, apologies for any mistakes. I'm on mobile. So for background on this, last year, my parents were looking to buy a house, and settled on one with an HOA in Overland Park KS. They quite literally closed on it a few days after Christmas. Currently, my Mother is the one living there, as she is working abroad while my sister works towards finishing her last term as a senior in highschool (which we hope the closing for Corvid-19 won't delay, but nothing is ever easy) in the town my Mother to live in. My sister lives with my Father in that town, so he has to make a 6-8 hour commute every weekend to handle projects for my Mother, as she is an administrator at a local hospital while consistently being on call. They are looking to repair an electric fence to keep their dogs within the property for when my sister graduates and they all move down there. They needed to submit a plan and map done by a professional surveyor to be allowed to bring in anyone who can work on it. That is where this trouble has begun. While the surveyor was outside doing their job on the very backside of their backyard, my Mother's rear neighbor came outside and shouted at them to leave his property and that they had better not be planning on building anything on it. Apparently, he had planted about 8 trees (I do not remember an exact number) on what he believed to be his property 20 years ago and has been taking care of it ever since. The previous owners never brought this up with him. Now, my Father is a prickly person, and does not do diplomacy very well, but he apparently called him this morning to figure things out. This neighborhood is apparently acknowledge he never paid for this property not legally owns it, but wants my parents to give it to him for free, as he has been taking care of it for so long. My Father was indignant at this, demanding to be paid if he wants it that badly, noting not a single contract either of them has ever signed has given him any right to the property. I should note, these are not the only property issues they are currently having after moving here. Another neighbor to their left had not followed HOA guidelines when he built a pocket fence 5 feet inside his line, and the HOA is telling both my parents and him that the electric fence and his have to meet at the property line, though he is demanding we leave an alleyway type of space. Further, this all happened with the rear neighbor literally this morning, and the HOA has not had time to input to my knowledge.
|
fkrv6ey
|
fkryxdr
| 1,584,476,676 | 1,584,478,816 | 17 | 261 |
You need to get a lawyer , but as someone who lives in leawood and had shopped all around that area for a while most of the HOA agreements are very specific about who controls the trees. Butt like others have said you need to get your title insurance company involved and a lawyer asap
|
“In Kansas, it is not enough to annually or occasionally enter unenclosed land, and the requirement of exclusive possession is not satisfied if occupancy of the land is shared by the owner or agents and tenants of the owner. Furthermore, if the true owner of the parcel enters the disputed property in an open manner with the intent to exclude the possessor, that entry will toll the 15-year statute of limitations in Kansas and put the adverse possessor on notice that the true owner means to repossess the land. That will have the effect of essentially ejecting the possessor.” The neighbor doesn’t appear to have ever had exclusive or continuous and uninterrupted possession of the portion of the parcel. Additionally, presuming that the previous owners lived on the property, it would reset the toll on the statute of limitations.
| 0 | 2,140 | 15.352941 |
fk9qeg
|
legaladvice_train
| 0.97 |
Parents bought a house for roughly half a million, Neighbor in the back thinks a chunk of their property is his because he planted trees on it and took care of it for 20 years before they bought it. Now he wants them to give it to them Hi there. I'm not too familiar with this subreddit, but I was given some advice to come here, to at least get some direction on this situation. Any help with what information I have would be appreciated. Also, apologies for any mistakes. I'm on mobile. So for background on this, last year, my parents were looking to buy a house, and settled on one with an HOA in Overland Park KS. They quite literally closed on it a few days after Christmas. Currently, my Mother is the one living there, as she is working abroad while my sister works towards finishing her last term as a senior in highschool (which we hope the closing for Corvid-19 won't delay, but nothing is ever easy) in the town my Mother to live in. My sister lives with my Father in that town, so he has to make a 6-8 hour commute every weekend to handle projects for my Mother, as she is an administrator at a local hospital while consistently being on call. They are looking to repair an electric fence to keep their dogs within the property for when my sister graduates and they all move down there. They needed to submit a plan and map done by a professional surveyor to be allowed to bring in anyone who can work on it. That is where this trouble has begun. While the surveyor was outside doing their job on the very backside of their backyard, my Mother's rear neighbor came outside and shouted at them to leave his property and that they had better not be planning on building anything on it. Apparently, he had planted about 8 trees (I do not remember an exact number) on what he believed to be his property 20 years ago and has been taking care of it ever since. The previous owners never brought this up with him. Now, my Father is a prickly person, and does not do diplomacy very well, but he apparently called him this morning to figure things out. This neighborhood is apparently acknowledge he never paid for this property not legally owns it, but wants my parents to give it to him for free, as he has been taking care of it for so long. My Father was indignant at this, demanding to be paid if he wants it that badly, noting not a single contract either of them has ever signed has given him any right to the property. I should note, these are not the only property issues they are currently having after moving here. Another neighbor to their left had not followed HOA guidelines when he built a pocket fence 5 feet inside his line, and the HOA is telling both my parents and him that the electric fence and his have to meet at the property line, though he is demanding we leave an alleyway type of space. Further, this all happened with the rear neighbor literally this morning, and the HOA has not had time to input to my knowledge.
|
fkriwr2
|
fkryxdr
| 1,584,469,758 | 1,584,478,816 | 10 | 261 |
The neighbor may actually be correct. He may now own the land through the doctrine of adverse possession. Different states have different requirements to trigger this. You need to ask a Kansas real estate attorney.
|
“In Kansas, it is not enough to annually or occasionally enter unenclosed land, and the requirement of exclusive possession is not satisfied if occupancy of the land is shared by the owner or agents and tenants of the owner. Furthermore, if the true owner of the parcel enters the disputed property in an open manner with the intent to exclude the possessor, that entry will toll the 15-year statute of limitations in Kansas and put the adverse possessor on notice that the true owner means to repossess the land. That will have the effect of essentially ejecting the possessor.” The neighbor doesn’t appear to have ever had exclusive or continuous and uninterrupted possession of the portion of the parcel. Additionally, presuming that the previous owners lived on the property, it would reset the toll on the statute of limitations.
| 0 | 9,058 | 26.1 |
fk9qeg
|
legaladvice_train
| 0.97 |
Parents bought a house for roughly half a million, Neighbor in the back thinks a chunk of their property is his because he planted trees on it and took care of it for 20 years before they bought it. Now he wants them to give it to them Hi there. I'm not too familiar with this subreddit, but I was given some advice to come here, to at least get some direction on this situation. Any help with what information I have would be appreciated. Also, apologies for any mistakes. I'm on mobile. So for background on this, last year, my parents were looking to buy a house, and settled on one with an HOA in Overland Park KS. They quite literally closed on it a few days after Christmas. Currently, my Mother is the one living there, as she is working abroad while my sister works towards finishing her last term as a senior in highschool (which we hope the closing for Corvid-19 won't delay, but nothing is ever easy) in the town my Mother to live in. My sister lives with my Father in that town, so he has to make a 6-8 hour commute every weekend to handle projects for my Mother, as she is an administrator at a local hospital while consistently being on call. They are looking to repair an electric fence to keep their dogs within the property for when my sister graduates and they all move down there. They needed to submit a plan and map done by a professional surveyor to be allowed to bring in anyone who can work on it. That is where this trouble has begun. While the surveyor was outside doing their job on the very backside of their backyard, my Mother's rear neighbor came outside and shouted at them to leave his property and that they had better not be planning on building anything on it. Apparently, he had planted about 8 trees (I do not remember an exact number) on what he believed to be his property 20 years ago and has been taking care of it ever since. The previous owners never brought this up with him. Now, my Father is a prickly person, and does not do diplomacy very well, but he apparently called him this morning to figure things out. This neighborhood is apparently acknowledge he never paid for this property not legally owns it, but wants my parents to give it to him for free, as he has been taking care of it for so long. My Father was indignant at this, demanding to be paid if he wants it that badly, noting not a single contract either of them has ever signed has given him any right to the property. I should note, these are not the only property issues they are currently having after moving here. Another neighbor to their left had not followed HOA guidelines when he built a pocket fence 5 feet inside his line, and the HOA is telling both my parents and him that the electric fence and his have to meet at the property line, though he is demanding we leave an alleyway type of space. Further, this all happened with the rear neighbor literally this morning, and the HOA has not had time to input to my knowledge.
|
fkrth0g
|
fkryxdr
| 1,584,475,703 | 1,584,478,816 | 5 | 261 |
Doesn't matter what he wants unless like others have mentioned if adverse possession applies here. Property lawyer is definitely the best way to go. Also, hello fellow overland Park resident!
|
“In Kansas, it is not enough to annually or occasionally enter unenclosed land, and the requirement of exclusive possession is not satisfied if occupancy of the land is shared by the owner or agents and tenants of the owner. Furthermore, if the true owner of the parcel enters the disputed property in an open manner with the intent to exclude the possessor, that entry will toll the 15-year statute of limitations in Kansas and put the adverse possessor on notice that the true owner means to repossess the land. That will have the effect of essentially ejecting the possessor.” The neighbor doesn’t appear to have ever had exclusive or continuous and uninterrupted possession of the portion of the parcel. Additionally, presuming that the previous owners lived on the property, it would reset the toll on the statute of limitations.
| 0 | 3,113 | 52.2 |
fk9qeg
|
legaladvice_train
| 0.97 |
Parents bought a house for roughly half a million, Neighbor in the back thinks a chunk of their property is his because he planted trees on it and took care of it for 20 years before they bought it. Now he wants them to give it to them Hi there. I'm not too familiar with this subreddit, but I was given some advice to come here, to at least get some direction on this situation. Any help with what information I have would be appreciated. Also, apologies for any mistakes. I'm on mobile. So for background on this, last year, my parents were looking to buy a house, and settled on one with an HOA in Overland Park KS. They quite literally closed on it a few days after Christmas. Currently, my Mother is the one living there, as she is working abroad while my sister works towards finishing her last term as a senior in highschool (which we hope the closing for Corvid-19 won't delay, but nothing is ever easy) in the town my Mother to live in. My sister lives with my Father in that town, so he has to make a 6-8 hour commute every weekend to handle projects for my Mother, as she is an administrator at a local hospital while consistently being on call. They are looking to repair an electric fence to keep their dogs within the property for when my sister graduates and they all move down there. They needed to submit a plan and map done by a professional surveyor to be allowed to bring in anyone who can work on it. That is where this trouble has begun. While the surveyor was outside doing their job on the very backside of their backyard, my Mother's rear neighbor came outside and shouted at them to leave his property and that they had better not be planning on building anything on it. Apparently, he had planted about 8 trees (I do not remember an exact number) on what he believed to be his property 20 years ago and has been taking care of it ever since. The previous owners never brought this up with him. Now, my Father is a prickly person, and does not do diplomacy very well, but he apparently called him this morning to figure things out. This neighborhood is apparently acknowledge he never paid for this property not legally owns it, but wants my parents to give it to him for free, as he has been taking care of it for so long. My Father was indignant at this, demanding to be paid if he wants it that badly, noting not a single contract either of them has ever signed has given him any right to the property. I should note, these are not the only property issues they are currently having after moving here. Another neighbor to their left had not followed HOA guidelines when he built a pocket fence 5 feet inside his line, and the HOA is telling both my parents and him that the electric fence and his have to meet at the property line, though he is demanding we leave an alleyway type of space. Further, this all happened with the rear neighbor literally this morning, and the HOA has not had time to input to my knowledge.
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fkrufw2
|
fkrlmus
| 1,584,476,254 | 1,584,471,273 | 159 | 135 |
Definitely get a property lawyer on this. Hell, the other guy is a lawyer getting a property lawyer. That being said, I’m not sure that “taking care of trees” is enough of an activity for him to claim adverse possession. I mean, did he mow the area? Weed whack it? Can he prove he planted the trees? Trees grow man, that’s what they do, right? As far as legal costs go, I think there is insurance and warranties for this sort of thing, so hopefully you don’t have to pay for the lawyer yourself.
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Besides getting a lawyer, check the property taxes of the house over the last 20 years. If the property taxes had been paid by your lot instead of your neighbors it could benefit you a lot in court. Also, the neighbor would likely needed to file an adverse possession claim (Or do so now) and be able to prove that he has been taking care of these tree's. The position of the tree's will matter as well, if they are right next to his house he may have a (more) valid claim. If your houses are like acres apart and they are in the middle somewhere less so. Also you mentioned a *broken* fence, not a *new* fence. Are the trees on your side of the fence? All this might be help decide whether a court would believe him or not.
| 1 | 4,981 | 1.177778 |
fk9qeg
|
legaladvice_train
| 0.97 |
Parents bought a house for roughly half a million, Neighbor in the back thinks a chunk of their property is his because he planted trees on it and took care of it for 20 years before they bought it. Now he wants them to give it to them Hi there. I'm not too familiar with this subreddit, but I was given some advice to come here, to at least get some direction on this situation. Any help with what information I have would be appreciated. Also, apologies for any mistakes. I'm on mobile. So for background on this, last year, my parents were looking to buy a house, and settled on one with an HOA in Overland Park KS. They quite literally closed on it a few days after Christmas. Currently, my Mother is the one living there, as she is working abroad while my sister works towards finishing her last term as a senior in highschool (which we hope the closing for Corvid-19 won't delay, but nothing is ever easy) in the town my Mother to live in. My sister lives with my Father in that town, so he has to make a 6-8 hour commute every weekend to handle projects for my Mother, as she is an administrator at a local hospital while consistently being on call. They are looking to repair an electric fence to keep their dogs within the property for when my sister graduates and they all move down there. They needed to submit a plan and map done by a professional surveyor to be allowed to bring in anyone who can work on it. That is where this trouble has begun. While the surveyor was outside doing their job on the very backside of their backyard, my Mother's rear neighbor came outside and shouted at them to leave his property and that they had better not be planning on building anything on it. Apparently, he had planted about 8 trees (I do not remember an exact number) on what he believed to be his property 20 years ago and has been taking care of it ever since. The previous owners never brought this up with him. Now, my Father is a prickly person, and does not do diplomacy very well, but he apparently called him this morning to figure things out. This neighborhood is apparently acknowledge he never paid for this property not legally owns it, but wants my parents to give it to him for free, as he has been taking care of it for so long. My Father was indignant at this, demanding to be paid if he wants it that badly, noting not a single contract either of them has ever signed has given him any right to the property. I should note, these are not the only property issues they are currently having after moving here. Another neighbor to their left had not followed HOA guidelines when he built a pocket fence 5 feet inside his line, and the HOA is telling both my parents and him that the electric fence and his have to meet at the property line, though he is demanding we leave an alleyway type of space. Further, this all happened with the rear neighbor literally this morning, and the HOA has not had time to input to my knowledge.
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fkrivvg
|
fkrufw2
| 1,584,469,745 | 1,584,476,254 | 104 | 159 |
Make sure the survey gets done, and then consult a real estate attorney in your area. I would make the rear neighbor pay for land I own too, even if he did plant trees on it. For the left neighbor, I would just follow HOA guidelines and do it how it needs to be to avoid the wrath of the HOA. Like first poster though, Fuck HOAs.
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Definitely get a property lawyer on this. Hell, the other guy is a lawyer getting a property lawyer. That being said, I’m not sure that “taking care of trees” is enough of an activity for him to claim adverse possession. I mean, did he mow the area? Weed whack it? Can he prove he planted the trees? Trees grow man, that’s what they do, right? As far as legal costs go, I think there is insurance and warranties for this sort of thing, so hopefully you don’t have to pay for the lawyer yourself.
| 0 | 6,509 | 1.528846 |
fk9qeg
|
legaladvice_train
| 0.97 |
Parents bought a house for roughly half a million, Neighbor in the back thinks a chunk of their property is his because he planted trees on it and took care of it for 20 years before they bought it. Now he wants them to give it to them Hi there. I'm not too familiar with this subreddit, but I was given some advice to come here, to at least get some direction on this situation. Any help with what information I have would be appreciated. Also, apologies for any mistakes. I'm on mobile. So for background on this, last year, my parents were looking to buy a house, and settled on one with an HOA in Overland Park KS. They quite literally closed on it a few days after Christmas. Currently, my Mother is the one living there, as she is working abroad while my sister works towards finishing her last term as a senior in highschool (which we hope the closing for Corvid-19 won't delay, but nothing is ever easy) in the town my Mother to live in. My sister lives with my Father in that town, so he has to make a 6-8 hour commute every weekend to handle projects for my Mother, as she is an administrator at a local hospital while consistently being on call. They are looking to repair an electric fence to keep their dogs within the property for when my sister graduates and they all move down there. They needed to submit a plan and map done by a professional surveyor to be allowed to bring in anyone who can work on it. That is where this trouble has begun. While the surveyor was outside doing their job on the very backside of their backyard, my Mother's rear neighbor came outside and shouted at them to leave his property and that they had better not be planning on building anything on it. Apparently, he had planted about 8 trees (I do not remember an exact number) on what he believed to be his property 20 years ago and has been taking care of it ever since. The previous owners never brought this up with him. Now, my Father is a prickly person, and does not do diplomacy very well, but he apparently called him this morning to figure things out. This neighborhood is apparently acknowledge he never paid for this property not legally owns it, but wants my parents to give it to him for free, as he has been taking care of it for so long. My Father was indignant at this, demanding to be paid if he wants it that badly, noting not a single contract either of them has ever signed has given him any right to the property. I should note, these are not the only property issues they are currently having after moving here. Another neighbor to their left had not followed HOA guidelines when he built a pocket fence 5 feet inside his line, and the HOA is telling both my parents and him that the electric fence and his have to meet at the property line, though he is demanding we leave an alleyway type of space. Further, this all happened with the rear neighbor literally this morning, and the HOA has not had time to input to my knowledge.
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fkrufw2
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fkrrt38
| 1,584,476,254 | 1,584,474,752 | 159 | 18 |
Definitely get a property lawyer on this. Hell, the other guy is a lawyer getting a property lawyer. That being said, I’m not sure that “taking care of trees” is enough of an activity for him to claim adverse possession. I mean, did he mow the area? Weed whack it? Can he prove he planted the trees? Trees grow man, that’s what they do, right? As far as legal costs go, I think there is insurance and warranties for this sort of thing, so hopefully you don’t have to pay for the lawyer yourself.
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When we bought our house and when we sold my parents home, a plat of survey was required for the sale that was less than a certain time period old (we needed a new one for my parents house because the one we had was dated in the 1940’s). Do you have a recent on? Or was the one you mentioned was the only recent one? Not a lawyer - but in addition to getting a lawyer, I would think your title insurance company should be involved.
| 1 | 1,502 | 8.833333 |
fk9qeg
|
legaladvice_train
| 0.97 |
Parents bought a house for roughly half a million, Neighbor in the back thinks a chunk of their property is his because he planted trees on it and took care of it for 20 years before they bought it. Now he wants them to give it to them Hi there. I'm not too familiar with this subreddit, but I was given some advice to come here, to at least get some direction on this situation. Any help with what information I have would be appreciated. Also, apologies for any mistakes. I'm on mobile. So for background on this, last year, my parents were looking to buy a house, and settled on one with an HOA in Overland Park KS. They quite literally closed on it a few days after Christmas. Currently, my Mother is the one living there, as she is working abroad while my sister works towards finishing her last term as a senior in highschool (which we hope the closing for Corvid-19 won't delay, but nothing is ever easy) in the town my Mother to live in. My sister lives with my Father in that town, so he has to make a 6-8 hour commute every weekend to handle projects for my Mother, as she is an administrator at a local hospital while consistently being on call. They are looking to repair an electric fence to keep their dogs within the property for when my sister graduates and they all move down there. They needed to submit a plan and map done by a professional surveyor to be allowed to bring in anyone who can work on it. That is where this trouble has begun. While the surveyor was outside doing their job on the very backside of their backyard, my Mother's rear neighbor came outside and shouted at them to leave his property and that they had better not be planning on building anything on it. Apparently, he had planted about 8 trees (I do not remember an exact number) on what he believed to be his property 20 years ago and has been taking care of it ever since. The previous owners never brought this up with him. Now, my Father is a prickly person, and does not do diplomacy very well, but he apparently called him this morning to figure things out. This neighborhood is apparently acknowledge he never paid for this property not legally owns it, but wants my parents to give it to him for free, as he has been taking care of it for so long. My Father was indignant at this, demanding to be paid if he wants it that badly, noting not a single contract either of them has ever signed has given him any right to the property. I should note, these are not the only property issues they are currently having after moving here. Another neighbor to their left had not followed HOA guidelines when he built a pocket fence 5 feet inside his line, and the HOA is telling both my parents and him that the electric fence and his have to meet at the property line, though he is demanding we leave an alleyway type of space. Further, this all happened with the rear neighbor literally this morning, and the HOA has not had time to input to my knowledge.
|
fkrufw2
|
fkriwr2
| 1,584,476,254 | 1,584,469,758 | 159 | 10 |
Definitely get a property lawyer on this. Hell, the other guy is a lawyer getting a property lawyer. That being said, I’m not sure that “taking care of trees” is enough of an activity for him to claim adverse possession. I mean, did he mow the area? Weed whack it? Can he prove he planted the trees? Trees grow man, that’s what they do, right? As far as legal costs go, I think there is insurance and warranties for this sort of thing, so hopefully you don’t have to pay for the lawyer yourself.
|
The neighbor may actually be correct. He may now own the land through the doctrine of adverse possession. Different states have different requirements to trigger this. You need to ask a Kansas real estate attorney.
| 1 | 6,496 | 15.9 |
fk9qeg
|
legaladvice_train
| 0.97 |
Parents bought a house for roughly half a million, Neighbor in the back thinks a chunk of their property is his because he planted trees on it and took care of it for 20 years before they bought it. Now he wants them to give it to them Hi there. I'm not too familiar with this subreddit, but I was given some advice to come here, to at least get some direction on this situation. Any help with what information I have would be appreciated. Also, apologies for any mistakes. I'm on mobile. So for background on this, last year, my parents were looking to buy a house, and settled on one with an HOA in Overland Park KS. They quite literally closed on it a few days after Christmas. Currently, my Mother is the one living there, as she is working abroad while my sister works towards finishing her last term as a senior in highschool (which we hope the closing for Corvid-19 won't delay, but nothing is ever easy) in the town my Mother to live in. My sister lives with my Father in that town, so he has to make a 6-8 hour commute every weekend to handle projects for my Mother, as she is an administrator at a local hospital while consistently being on call. They are looking to repair an electric fence to keep their dogs within the property for when my sister graduates and they all move down there. They needed to submit a plan and map done by a professional surveyor to be allowed to bring in anyone who can work on it. That is where this trouble has begun. While the surveyor was outside doing their job on the very backside of their backyard, my Mother's rear neighbor came outside and shouted at them to leave his property and that they had better not be planning on building anything on it. Apparently, he had planted about 8 trees (I do not remember an exact number) on what he believed to be his property 20 years ago and has been taking care of it ever since. The previous owners never brought this up with him. Now, my Father is a prickly person, and does not do diplomacy very well, but he apparently called him this morning to figure things out. This neighborhood is apparently acknowledge he never paid for this property not legally owns it, but wants my parents to give it to him for free, as he has been taking care of it for so long. My Father was indignant at this, demanding to be paid if he wants it that badly, noting not a single contract either of them has ever signed has given him any right to the property. I should note, these are not the only property issues they are currently having after moving here. Another neighbor to their left had not followed HOA guidelines when he built a pocket fence 5 feet inside his line, and the HOA is telling both my parents and him that the electric fence and his have to meet at the property line, though he is demanding we leave an alleyway type of space. Further, this all happened with the rear neighbor literally this morning, and the HOA has not had time to input to my knowledge.
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fkrufw2
|
fkrth0g
| 1,584,476,254 | 1,584,475,703 | 159 | 5 |
Definitely get a property lawyer on this. Hell, the other guy is a lawyer getting a property lawyer. That being said, I’m not sure that “taking care of trees” is enough of an activity for him to claim adverse possession. I mean, did he mow the area? Weed whack it? Can he prove he planted the trees? Trees grow man, that’s what they do, right? As far as legal costs go, I think there is insurance and warranties for this sort of thing, so hopefully you don’t have to pay for the lawyer yourself.
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Doesn't matter what he wants unless like others have mentioned if adverse possession applies here. Property lawyer is definitely the best way to go. Also, hello fellow overland Park resident!
| 1 | 551 | 31.8 |
fk9qeg
|
legaladvice_train
| 0.97 |
Parents bought a house for roughly half a million, Neighbor in the back thinks a chunk of their property is his because he planted trees on it and took care of it for 20 years before they bought it. Now he wants them to give it to them Hi there. I'm not too familiar with this subreddit, but I was given some advice to come here, to at least get some direction on this situation. Any help with what information I have would be appreciated. Also, apologies for any mistakes. I'm on mobile. So for background on this, last year, my parents were looking to buy a house, and settled on one with an HOA in Overland Park KS. They quite literally closed on it a few days after Christmas. Currently, my Mother is the one living there, as she is working abroad while my sister works towards finishing her last term as a senior in highschool (which we hope the closing for Corvid-19 won't delay, but nothing is ever easy) in the town my Mother to live in. My sister lives with my Father in that town, so he has to make a 6-8 hour commute every weekend to handle projects for my Mother, as she is an administrator at a local hospital while consistently being on call. They are looking to repair an electric fence to keep their dogs within the property for when my sister graduates and they all move down there. They needed to submit a plan and map done by a professional surveyor to be allowed to bring in anyone who can work on it. That is where this trouble has begun. While the surveyor was outside doing their job on the very backside of their backyard, my Mother's rear neighbor came outside and shouted at them to leave his property and that they had better not be planning on building anything on it. Apparently, he had planted about 8 trees (I do not remember an exact number) on what he believed to be his property 20 years ago and has been taking care of it ever since. The previous owners never brought this up with him. Now, my Father is a prickly person, and does not do diplomacy very well, but he apparently called him this morning to figure things out. This neighborhood is apparently acknowledge he never paid for this property not legally owns it, but wants my parents to give it to him for free, as he has been taking care of it for so long. My Father was indignant at this, demanding to be paid if he wants it that badly, noting not a single contract either of them has ever signed has given him any right to the property. I should note, these are not the only property issues they are currently having after moving here. Another neighbor to their left had not followed HOA guidelines when he built a pocket fence 5 feet inside his line, and the HOA is telling both my parents and him that the electric fence and his have to meet at the property line, though he is demanding we leave an alleyway type of space. Further, this all happened with the rear neighbor literally this morning, and the HOA has not had time to input to my knowledge.
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fkrivvg
|
fkrlmus
| 1,584,469,745 | 1,584,471,273 | 104 | 135 |
Make sure the survey gets done, and then consult a real estate attorney in your area. I would make the rear neighbor pay for land I own too, even if he did plant trees on it. For the left neighbor, I would just follow HOA guidelines and do it how it needs to be to avoid the wrath of the HOA. Like first poster though, Fuck HOAs.
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Besides getting a lawyer, check the property taxes of the house over the last 20 years. If the property taxes had been paid by your lot instead of your neighbors it could benefit you a lot in court. Also, the neighbor would likely needed to file an adverse possession claim (Or do so now) and be able to prove that he has been taking care of these tree's. The position of the tree's will matter as well, if they are right next to his house he may have a (more) valid claim. If your houses are like acres apart and they are in the middle somewhere less so. Also you mentioned a *broken* fence, not a *new* fence. Are the trees on your side of the fence? All this might be help decide whether a court would believe him or not.
| 0 | 1,528 | 1.298077 |
fk9qeg
|
legaladvice_train
| 0.97 |
Parents bought a house for roughly half a million, Neighbor in the back thinks a chunk of their property is his because he planted trees on it and took care of it for 20 years before they bought it. Now he wants them to give it to them Hi there. I'm not too familiar with this subreddit, but I was given some advice to come here, to at least get some direction on this situation. Any help with what information I have would be appreciated. Also, apologies for any mistakes. I'm on mobile. So for background on this, last year, my parents were looking to buy a house, and settled on one with an HOA in Overland Park KS. They quite literally closed on it a few days after Christmas. Currently, my Mother is the one living there, as she is working abroad while my sister works towards finishing her last term as a senior in highschool (which we hope the closing for Corvid-19 won't delay, but nothing is ever easy) in the town my Mother to live in. My sister lives with my Father in that town, so he has to make a 6-8 hour commute every weekend to handle projects for my Mother, as she is an administrator at a local hospital while consistently being on call. They are looking to repair an electric fence to keep their dogs within the property for when my sister graduates and they all move down there. They needed to submit a plan and map done by a professional surveyor to be allowed to bring in anyone who can work on it. That is where this trouble has begun. While the surveyor was outside doing their job on the very backside of their backyard, my Mother's rear neighbor came outside and shouted at them to leave his property and that they had better not be planning on building anything on it. Apparently, he had planted about 8 trees (I do not remember an exact number) on what he believed to be his property 20 years ago and has been taking care of it ever since. The previous owners never brought this up with him. Now, my Father is a prickly person, and does not do diplomacy very well, but he apparently called him this morning to figure things out. This neighborhood is apparently acknowledge he never paid for this property not legally owns it, but wants my parents to give it to him for free, as he has been taking care of it for so long. My Father was indignant at this, demanding to be paid if he wants it that badly, noting not a single contract either of them has ever signed has given him any right to the property. I should note, these are not the only property issues they are currently having after moving here. Another neighbor to their left had not followed HOA guidelines when he built a pocket fence 5 feet inside his line, and the HOA is telling both my parents and him that the electric fence and his have to meet at the property line, though he is demanding we leave an alleyway type of space. Further, this all happened with the rear neighbor literally this morning, and the HOA has not had time to input to my knowledge.
|
fkrlmus
|
fkriwr2
| 1,584,471,273 | 1,584,469,758 | 135 | 10 |
Besides getting a lawyer, check the property taxes of the house over the last 20 years. If the property taxes had been paid by your lot instead of your neighbors it could benefit you a lot in court. Also, the neighbor would likely needed to file an adverse possession claim (Or do so now) and be able to prove that he has been taking care of these tree's. The position of the tree's will matter as well, if they are right next to his house he may have a (more) valid claim. If your houses are like acres apart and they are in the middle somewhere less so. Also you mentioned a *broken* fence, not a *new* fence. Are the trees on your side of the fence? All this might be help decide whether a court would believe him or not.
|
The neighbor may actually be correct. He may now own the land through the doctrine of adverse possession. Different states have different requirements to trigger this. You need to ask a Kansas real estate attorney.
| 1 | 1,515 | 13.5 |
fk9qeg
|
legaladvice_train
| 0.97 |
Parents bought a house for roughly half a million, Neighbor in the back thinks a chunk of their property is his because he planted trees on it and took care of it for 20 years before they bought it. Now he wants them to give it to them Hi there. I'm not too familiar with this subreddit, but I was given some advice to come here, to at least get some direction on this situation. Any help with what information I have would be appreciated. Also, apologies for any mistakes. I'm on mobile. So for background on this, last year, my parents were looking to buy a house, and settled on one with an HOA in Overland Park KS. They quite literally closed on it a few days after Christmas. Currently, my Mother is the one living there, as she is working abroad while my sister works towards finishing her last term as a senior in highschool (which we hope the closing for Corvid-19 won't delay, but nothing is ever easy) in the town my Mother to live in. My sister lives with my Father in that town, so he has to make a 6-8 hour commute every weekend to handle projects for my Mother, as she is an administrator at a local hospital while consistently being on call. They are looking to repair an electric fence to keep their dogs within the property for when my sister graduates and they all move down there. They needed to submit a plan and map done by a professional surveyor to be allowed to bring in anyone who can work on it. That is where this trouble has begun. While the surveyor was outside doing their job on the very backside of their backyard, my Mother's rear neighbor came outside and shouted at them to leave his property and that they had better not be planning on building anything on it. Apparently, he had planted about 8 trees (I do not remember an exact number) on what he believed to be his property 20 years ago and has been taking care of it ever since. The previous owners never brought this up with him. Now, my Father is a prickly person, and does not do diplomacy very well, but he apparently called him this morning to figure things out. This neighborhood is apparently acknowledge he never paid for this property not legally owns it, but wants my parents to give it to him for free, as he has been taking care of it for so long. My Father was indignant at this, demanding to be paid if he wants it that badly, noting not a single contract either of them has ever signed has given him any right to the property. I should note, these are not the only property issues they are currently having after moving here. Another neighbor to their left had not followed HOA guidelines when he built a pocket fence 5 feet inside his line, and the HOA is telling both my parents and him that the electric fence and his have to meet at the property line, though he is demanding we leave an alleyway type of space. Further, this all happened with the rear neighbor literally this morning, and the HOA has not had time to input to my knowledge.
|
fks7lv0
|
fks153f
| 1,584,483,986 | 1,584,480,116 | 66 | 26 |
One comment was a bit buried, and I want to make sure you see it: the presence of a fence at the property is beneficial. It sounds like this neighbor was going over an electric fence to maintain these trees. I would take pictures as soon as possible. Especially before the neighbor can change anything. I am not a lawyer. I agree with all above, you need one.
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Your dad is in lawyer territory. That said, your neighbor's case is far from air-tight. The law would require that the rear neighbor have been "openly, exclusively, and continuously in possession of the real property, either knowingly adversely or under an inaccurate belief of ownership of that property for at least 15 years". Adverse possession generally requires *exclusionary* possession of the land. Planting trees on someone else's land doesn't exclude the registered owner from enjoying the land or stake your claim to that land. Putting down a fence would. It may be worthwhile fencing off the land claimed to be subject to adverse possession and letting the rear neighbor make the first move. Hiring lawyers is expensive (it may even cost more than the value of the claimed land), and he may not be willing to put forward the money needed to press his adverse possession claim. If the neighbor dies without bringing a claim or while a claim is brought but before his testimony is taken, there will be no witness available to press his adverse possession claim. The presumption of the accuracy of title would kick in. The thing is, there may be a limitation period on your dad filing a claim against the vendor and his real estate agent which he doesn't want to run out. He really needs some legal advice. Relevant sections of KS: ***58-2208.*** ***Adverse possession; interest may be conveyed notwithstanding.*** *Any person claiming title to real estate may, notwithstanding there may be an adverse possession thereof, sell and convey his or her interest therein, in the same manner and with like effect as if he or she was in the actual possession thereof.* ***60-503.*** ***Adverse possession.*** *No action shall be maintained against any person for the recovery of real property who has been in open, exclusive and continuous possession of such real property, either under a claim knowingly adverse or under a belief of ownership, for a period of fifteen (15) years. This section shall not apply to any action commenced within one (1) year after the effective date of this act.*
| 1 | 3,870 | 2.538462 |
fk9qeg
|
legaladvice_train
| 0.97 |
Parents bought a house for roughly half a million, Neighbor in the back thinks a chunk of their property is his because he planted trees on it and took care of it for 20 years before they bought it. Now he wants them to give it to them Hi there. I'm not too familiar with this subreddit, but I was given some advice to come here, to at least get some direction on this situation. Any help with what information I have would be appreciated. Also, apologies for any mistakes. I'm on mobile. So for background on this, last year, my parents were looking to buy a house, and settled on one with an HOA in Overland Park KS. They quite literally closed on it a few days after Christmas. Currently, my Mother is the one living there, as she is working abroad while my sister works towards finishing her last term as a senior in highschool (which we hope the closing for Corvid-19 won't delay, but nothing is ever easy) in the town my Mother to live in. My sister lives with my Father in that town, so he has to make a 6-8 hour commute every weekend to handle projects for my Mother, as she is an administrator at a local hospital while consistently being on call. They are looking to repair an electric fence to keep their dogs within the property for when my sister graduates and they all move down there. They needed to submit a plan and map done by a professional surveyor to be allowed to bring in anyone who can work on it. That is where this trouble has begun. While the surveyor was outside doing their job on the very backside of their backyard, my Mother's rear neighbor came outside and shouted at them to leave his property and that they had better not be planning on building anything on it. Apparently, he had planted about 8 trees (I do not remember an exact number) on what he believed to be his property 20 years ago and has been taking care of it ever since. The previous owners never brought this up with him. Now, my Father is a prickly person, and does not do diplomacy very well, but he apparently called him this morning to figure things out. This neighborhood is apparently acknowledge he never paid for this property not legally owns it, but wants my parents to give it to him for free, as he has been taking care of it for so long. My Father was indignant at this, demanding to be paid if he wants it that badly, noting not a single contract either of them has ever signed has given him any right to the property. I should note, these are not the only property issues they are currently having after moving here. Another neighbor to their left had not followed HOA guidelines when he built a pocket fence 5 feet inside his line, and the HOA is telling both my parents and him that the electric fence and his have to meet at the property line, though he is demanding we leave an alleyway type of space. Further, this all happened with the rear neighbor literally this morning, and the HOA has not had time to input to my knowledge.
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fkrrt38
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fks7lv0
| 1,584,474,752 | 1,584,483,986 | 18 | 66 |
When we bought our house and when we sold my parents home, a plat of survey was required for the sale that was less than a certain time period old (we needed a new one for my parents house because the one we had was dated in the 1940’s). Do you have a recent on? Or was the one you mentioned was the only recent one? Not a lawyer - but in addition to getting a lawyer, I would think your title insurance company should be involved.
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One comment was a bit buried, and I want to make sure you see it: the presence of a fence at the property is beneficial. It sounds like this neighbor was going over an electric fence to maintain these trees. I would take pictures as soon as possible. Especially before the neighbor can change anything. I am not a lawyer. I agree with all above, you need one.
| 0 | 9,234 | 3.666667 |
fk9qeg
|
legaladvice_train
| 0.97 |
Parents bought a house for roughly half a million, Neighbor in the back thinks a chunk of their property is his because he planted trees on it and took care of it for 20 years before they bought it. Now he wants them to give it to them Hi there. I'm not too familiar with this subreddit, but I was given some advice to come here, to at least get some direction on this situation. Any help with what information I have would be appreciated. Also, apologies for any mistakes. I'm on mobile. So for background on this, last year, my parents were looking to buy a house, and settled on one with an HOA in Overland Park KS. They quite literally closed on it a few days after Christmas. Currently, my Mother is the one living there, as she is working abroad while my sister works towards finishing her last term as a senior in highschool (which we hope the closing for Corvid-19 won't delay, but nothing is ever easy) in the town my Mother to live in. My sister lives with my Father in that town, so he has to make a 6-8 hour commute every weekend to handle projects for my Mother, as she is an administrator at a local hospital while consistently being on call. They are looking to repair an electric fence to keep their dogs within the property for when my sister graduates and they all move down there. They needed to submit a plan and map done by a professional surveyor to be allowed to bring in anyone who can work on it. That is where this trouble has begun. While the surveyor was outside doing their job on the very backside of their backyard, my Mother's rear neighbor came outside and shouted at them to leave his property and that they had better not be planning on building anything on it. Apparently, he had planted about 8 trees (I do not remember an exact number) on what he believed to be his property 20 years ago and has been taking care of it ever since. The previous owners never brought this up with him. Now, my Father is a prickly person, and does not do diplomacy very well, but he apparently called him this morning to figure things out. This neighborhood is apparently acknowledge he never paid for this property not legally owns it, but wants my parents to give it to him for free, as he has been taking care of it for so long. My Father was indignant at this, demanding to be paid if he wants it that badly, noting not a single contract either of them has ever signed has given him any right to the property. I should note, these are not the only property issues they are currently having after moving here. Another neighbor to their left had not followed HOA guidelines when he built a pocket fence 5 feet inside his line, and the HOA is telling both my parents and him that the electric fence and his have to meet at the property line, though he is demanding we leave an alleyway type of space. Further, this all happened with the rear neighbor literally this morning, and the HOA has not had time to input to my knowledge.
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fkrv6ey
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fks7lv0
| 1,584,476,676 | 1,584,483,986 | 17 | 66 |
You need to get a lawyer , but as someone who lives in leawood and had shopped all around that area for a while most of the HOA agreements are very specific about who controls the trees. Butt like others have said you need to get your title insurance company involved and a lawyer asap
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One comment was a bit buried, and I want to make sure you see it: the presence of a fence at the property is beneficial. It sounds like this neighbor was going over an electric fence to maintain these trees. I would take pictures as soon as possible. Especially before the neighbor can change anything. I am not a lawyer. I agree with all above, you need one.
| 0 | 7,310 | 3.882353 |
fk9qeg
|
legaladvice_train
| 0.97 |
Parents bought a house for roughly half a million, Neighbor in the back thinks a chunk of their property is his because he planted trees on it and took care of it for 20 years before they bought it. Now he wants them to give it to them Hi there. I'm not too familiar with this subreddit, but I was given some advice to come here, to at least get some direction on this situation. Any help with what information I have would be appreciated. Also, apologies for any mistakes. I'm on mobile. So for background on this, last year, my parents were looking to buy a house, and settled on one with an HOA in Overland Park KS. They quite literally closed on it a few days after Christmas. Currently, my Mother is the one living there, as she is working abroad while my sister works towards finishing her last term as a senior in highschool (which we hope the closing for Corvid-19 won't delay, but nothing is ever easy) in the town my Mother to live in. My sister lives with my Father in that town, so he has to make a 6-8 hour commute every weekend to handle projects for my Mother, as she is an administrator at a local hospital while consistently being on call. They are looking to repair an electric fence to keep their dogs within the property for when my sister graduates and they all move down there. They needed to submit a plan and map done by a professional surveyor to be allowed to bring in anyone who can work on it. That is where this trouble has begun. While the surveyor was outside doing their job on the very backside of their backyard, my Mother's rear neighbor came outside and shouted at them to leave his property and that they had better not be planning on building anything on it. Apparently, he had planted about 8 trees (I do not remember an exact number) on what he believed to be his property 20 years ago and has been taking care of it ever since. The previous owners never brought this up with him. Now, my Father is a prickly person, and does not do diplomacy very well, but he apparently called him this morning to figure things out. This neighborhood is apparently acknowledge he never paid for this property not legally owns it, but wants my parents to give it to him for free, as he has been taking care of it for so long. My Father was indignant at this, demanding to be paid if he wants it that badly, noting not a single contract either of them has ever signed has given him any right to the property. I should note, these are not the only property issues they are currently having after moving here. Another neighbor to their left had not followed HOA guidelines when he built a pocket fence 5 feet inside his line, and the HOA is telling both my parents and him that the electric fence and his have to meet at the property line, though he is demanding we leave an alleyway type of space. Further, this all happened with the rear neighbor literally this morning, and the HOA has not had time to input to my knowledge.
|
fks7lv0
|
fkriwr2
| 1,584,483,986 | 1,584,469,758 | 66 | 10 |
One comment was a bit buried, and I want to make sure you see it: the presence of a fence at the property is beneficial. It sounds like this neighbor was going over an electric fence to maintain these trees. I would take pictures as soon as possible. Especially before the neighbor can change anything. I am not a lawyer. I agree with all above, you need one.
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The neighbor may actually be correct. He may now own the land through the doctrine of adverse possession. Different states have different requirements to trigger this. You need to ask a Kansas real estate attorney.
| 1 | 14,228 | 6.6 |
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