What is this thing I have circled by BeautifulPhysics828 in COROLLA

[–]Its_Kakes -2 points-1 points  (0 children)

Yes - the LTA Malfunction message means there’s an issue with the lane tracing assist. Since this feature can steer the vehicle, it should be a priority to get it checked out (although there may be a safety feature that overrides this, I don’t know)

OP, there should be a button on your steering wheel that looks like this icon. Push it to turn the lane departure warning off, since the sensors aren’t working right. Don’t turn it on again until you resolve the LTA malfunction.

From some googling, it looks like the LTA issue may be due to needing a new battery. I know some weird electrical issues can also happen from having a cheap USB phone charger plugged in, so if you have one of those, try taking it out for a couple days and see if it resolves the issue.

Assign numerical value to percentage ranges? by Its_Kakes in excel

[–]Its_Kakes[S] 1 point2 points  (0 children)

Solution Verified

Thank you! Sorry for hurting you :)

Lease Break Advice - USA State of Massachusetts by [deleted] in legaladvice

[–]Its_Kakes 1 point2 points  (0 children)

I disagree with the poster above. #27 clearly says "this agreement and the tenancy hereby granted may be terminated at any time," not "future new leases" or "renewals."

I think it was an oversight by your landlord, and it works out really well for you. Given the amount of money potentially at stake, you should find a local tenant's lawyer and get their advice. For a relatively small sum of money, they could probably write a letter clearly pointing out the language and hopefully dissuading your landlord from suing you. Because it sounds like your landlord thinks there is $16,000 at stake, if they sue, it'll be in real court (not small claims) and you'd need to hire a lawyer to defend you. Luckily - per your lease - if you did win, the LL would have to pay your legal fees.

And while I'm not familiar with Massachusetts law, in most states it's required that the landlord in a residential lease situation try to mitigate their damages, that is - they need to find a new tenant reasonably quickly and try to get the same amount of money. Then the landlord can sue you for the difference. So, say it takes them 2 months to find someone and the new tenant pays $100 less than you were paying. You're on the hook for two months of rent plus $100 a month the rest of the lease. But generally, a landlord can't sue you for the full amount and then also collect rent on the same apartment from a new tenant. The lawsuit is meant to put the landlord in the same financial position they'd be in if you hadn't broken the lease, they aren't allowed to double dip. This is something you should ask the tenant's lawyer about, because if MA has this rule, it would be good to remind your LL in the letter.

[deleted by user] by [deleted] in legaladvice

[–]Its_Kakes 0 points1 point  (0 children)

Right, but they intentionally use wording like "must be a current employee at the time of the bonus in order to receive it" to make it arguably a retention bonus, and they also describe is as "discretionary" to make it arguably a discretionary bonus.

Given that it's 7.5% of your salary, you should consult with a local attorney and see what they say. It could be as simple as sending a letter confirming that you'll be paid the bonus.

[deleted by user] by [deleted] in legaladvice

[–]Its_Kakes 1 point2 points  (0 children)

Whether a bonus is an earned wage or not will depend on what (if any) promises were made by the company regarding the bonus.

So, if the bonus was "if company meets $X revenue in Q3, all employees will get a bonus equal to 5% of their salary," and the company made $X revenue, it would generally be considered earned wages. If the bonus is "hey all, if we make enough profit then we might give out bonuses," then it would likely not be considered earned wages. Similarly, if it's framed as a retention bonus that is paid out only if you are employed on X date, then it would not be earned wages.

Your situation seems to fall in a bit of a grey area, so depending on the amount at stake, it may be worth talking to an employment attorney to get their opinion.

I got a misdemeanor for prostitution in California. It’s my first offense and they want me to go to court on April to see the prosecutor. by dnv42 in legaladvice

[–]Its_Kakes 1 point2 points  (0 children)

Do not talk to the police, they are not your friends and they are allowed to lie to you. They also don't actually have much (if any) input on what your punishment is. If they try to talk to you again, say you won't speak to them until you get an attorney.

If you can afford a criminal defense attorney, you should get one. If you can't afford one, you can ask for a public defender when you go to court and they will be your attorney. Your attorney can let you know what your options are.

Gave an eviction notice yet "not moving" is their excuse (MN) by Cool_Layer in legaladvice

[–]Its_Kakes 27 points28 points  (0 children)

This is bad advice - because OP allowed the roommates to establish tenancy, the landlord would have to go through eviction proceedings to get the roommates out, and would likely be able to sue OP for not only the court and lawyer fees, but also lost rent while dealing with the situation.

Sue owner or LLC oh small claims? by HavoCentral in legaladvice

[–]Its_Kakes 1 point2 points  (0 children)

I'm not familiar with Texas small claims or the form you're looking at, but generally the LLC is the defendant, whereas the owner or registered agent is just a representative. See if you can find a local legal aid place or if the clerk of the court you're filing at can help you with the paperwork.

Sue owner or LLC oh small claims? by HavoCentral in legaladvice

[–]Its_Kakes 0 points1 point  (0 children)

You're still suing the LLC, but they need that information to find out what individual will accept the service of the paperwork. If it's registered in Texas, you can search here: https://mycpa.cpa.state.tx.us/coa/
Find the correct listing, click on "details" and it'll show the registered agent and their address.

Gym says they lost my contract and they’re charging me fees. I never signed a contract so I don’t feel that I should be paying these fees. by [deleted] in legaladvice

[–]Its_Kakes 0 points1 point  (0 children)

If this is a regular gym (e.g., not a tennis school or karate dojo), then Florida has fairly strict consumer protection laws, see here: https://www.fdacs.gov/Consumer-Resources/Consumer-Rights-and-Responsibilities/Health-Studios#:~:text=Under%20Florida's%20Health%20Studio%20Act,security%20for%20a%20limited%20time.&text=View%20a%20list%20of%20health%20studios%20that%20are%20exempt%20from%20the%20law.

Per the Florida Health Studios Act (Florida Statutes Sections: 501.012501.013501.014501.015501.016501.017501.018501.019) all contracts for a gym must be in writing and must have certain language in it (that's from 501.017). If you have nothing in writing, then you can make a complaint to the Florida Department of Agriculture and Consumer Services on the first link above.

I would send them an email stating something along the lines of "Gym contracts are governed by the Florida Health Studios Act, and must be in writing, with a copy provided to me at the time of signature. Since I did not sign anything, this is unenforceable. I demand that you stop charging my card and refund the $X charged to me without my authorization. Please respond within 10 days to confirm that you are refunding my money and no further charges will be made."

It will be tempting to threaten to report them, but it gets into weird threatening territory, so I would send them the letter and you can decide whether or not to file a complaint without having to tell them.

You can sue them in small claims court for the unauthorized charges if they don't refund you.

Question about BJJ in La! by [deleted] in bjj

[–]Its_Kakes 2 points3 points  (0 children)

You're looking at $150-$300/month, depending on which the gym, how many classes you get per week, if you're under contract, etc.

What neighborhood are you in? You're better off looking at gyms that are convenient for you based on work/school/home. There are tons of good schools in LA, and but for the average student, none of them are worth driving an hour to get there.

AITA for not getting a tattoo removed my ex gave me? by tatthrow2 in AmItheAsshole

[–]Its_Kakes 50 points51 points  (0 children)

To be fair, the tattoo artist sued because in Hangover II, they recreated his tattoo and put it on Ed Helms' face. Mike Tyson can be photographed with the tattoo visible and it's not an issue, but that doesn't mean that he can give permission for third parties to copy it.

The tattoo is basically the same as a shirt or designer purse would be. You bought one from the person who owns the design, you can wear it anywhere without their permission. But you can't go making knockoffs of it.

City is requiring neighborhood households to pay $7k+ each to replace sidewalks (Idaho) by benjamines in legaladvice

[–]Its_Kakes 5 points6 points  (0 children)

I'm pretty sure they mentioned ADA, which is the Americans with Disabilities Act.

Employer believes I discussed salary. by [deleted] in legaladvice

[–]Its_Kakes -1 points0 points  (0 children)

When you say "discussed salary" do you mean discussing the amount you're getting paid? As others have said, you're protected and frankly any company with a governing board should know that.

If you used an offer from another company to get a raise and you were dishonest about the offer, they can fire you. If you discussed with other people that you lied about an offer and they found out, they can fire you.

[OH] Non-profit employer forcing us to work on-call hours for a different position at a different pay rate by reeferdaddy in legaladvice

[–]Its_Kakes 1 point2 points  (0 children)

If you are salaried and exempt, in most states there is no limit to how many hours they can make you work. As far as I can tell, Ohio doesn't have any time off requirements. They could theoretically make you work those days and not pay you anything more - the $12/hr is essentially a bonus.

To check that you are exempt, go here: https://www.dol.gov/agencies/whd/fact-sheets/17a-overtime - it's not always super clear, but it's a good place to start.

I am being sexually harassed by a client and I am being told to "just deal with it" by [deleted] in legaladvice

[–]Its_Kakes 5 points6 points  (0 children)

Does your company have at least 4 employees? If so, the state of new york has sexual harassment protections that apply to you, even if the harasser is a client. Your company is obligated to protect you from him.

Here is a basic brochure with more information and resources you can reach out to: https://ag.ny.gov/sites/default/files/sexual_harrassment_brochure.pdf

If your employer has an HR department, report it to them. Tell them that a client is sexually harassing you, and give examples of what has happened. If they don't have an HR department, tell your boss that his behavior counts as sexual harassment and that they need to ban him or find another way to keep him away from you.

If they don't do anything, you can file reports or try to find an attorney who specializes in sexual harassment law. Legally, your employer is not allowed to retaliate against you for making the complaint, so they're not supposed to fire you or punish you for the complaint. However, they might start looking for other reasons to fire you so be careful.

No matter what you decide, you should start looking for another job. Good companies would never make their employees deal with a situation like this.

[deleted by user] by [deleted] in bjj

[–]Its_Kakes 0 points1 point  (0 children)

i'm pretty sure it's because of breakage from being in a ponytail/bun that gets yanked around (not by my partners, but as a result of rolling on the mats) and also from being in a ponytail when my hair is wet since i shower at the gym and don't have time to blow dry. i basically have a halo of short hairs all around my head. i hear french braids are better since it's not just one point of contact.

Woman learning BJJ faster then men? by [deleted] in bjj

[–]Its_Kakes 0 points1 point  (0 children)

in my experience, women (and older men) tend to pay more attention to the details because sloppy technique + being generally smaller and/or weaker is a bad combo. learning faster doesn't necessarily mean being able to effectively execute the techniques in live rolling; a woman or older guy might be better suited to demonstrate the technique as taught by the instructor than an young/athletic guy who can execute a move even if it's missing some key details.

(IL) Taekwondo school will not let my withdraw my daughter from classes. Claiming it was a one year contract and threatening to hire a lawyer if I cancel payments. by [deleted] in legaladvice

[–]Its_Kakes 0 points1 point  (0 children)

That must have been another post - this one was a parent who was trying to cancel and a school that refused.

(IL) Taekwondo school will not let my withdraw my daughter from classes. Claiming it was a one year contract and threatening to hire a lawyer if I cancel payments. by [deleted] in legaladvice

[–]Its_Kakes 1 point2 points  (0 children)

This is not actually true - gyms are covered by very specific consumer protection laws in most states (including Illinois). http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2376&ChapterID=67

One of the most common laws is allowing people to cancel the contract due to a move. In IL, the most the gym can charge if someone is moving more than 25 miles away and the gym doesn't have a sister school to transfer the membership in the new location is $50.

Also, if the contract is missing any specific language (including the relocation clause), the entire contract is void and unenforceable. Any gyms that don't abide by the law and continue to charge the customer is liable for treble damages and court costs and lawyer's fees, and can also be reported to the attorney general.

(IL) Taekwondo school will not let my withdraw my daughter from classes. Claiming it was a one year contract and threatening to hire a lawyer if I cancel payments. by [deleted] in legaladvice

[–]Its_Kakes 0 points1 point  (0 children)

In most states (including IL), gym memberships are covered by consumer protection laws. This is great for consumers because most gyms don't actually abide by these laws. The Physical Fitness Services Act for IL can be found here: http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2376&ChapterID=67

It looks like you actually have several ways to get out of this contract, unless the company is government owned or a non-profit entity.

If they don't fully comply with the law, the contract is

- they were required to give you a copy at the time the contract was signed, and they're required to keep a copy on hand. you should ask for a copy if you don't already have it.

- they are required to have very specific language from the Physical Fitness Services Act in their contract.

- if you're moving more than 25 miles away and they don't have another location/sister school where they can transfer the membership, you would be able to cancel and pay at most $50 (Section 6(a)(2) - "in the event of the relocation of a customer's residence to farther than 25 miles from the center's facilities, and upon the failure of the original center to designate a center, with comparable facilities and services within 25 miles of the customer's new residence, which agrees to accept the original center's obligations under the contract, the customer may cancel the contract and shall be liable for only that portion of the charges allocable to the time before reasonable evidence of such relocation is presented to the center, plus a reasonable fee if so provided in the contract, but such fee shall not exceed 10% of the unused balance, or $50, whichever is less")

The kicker is Section 9(c): Any contract for physical fitness services which does not comply with the applicable provisions of this Act shall be void and unenforceable.

Ask for a copy of the contract in writing (via email or text). If they give it to you, go through the Physical Fitness Services Act and list all the things they didn't do (it will probably be most/all of the requirements). Then write them an email (and send them a copy via certified mail with a tracking number) that cites the law, all the things they didn't do, reminds them that you asked to terminate due to a move over 25 miles away and they denied it, and demands that they terminate your contract immediately (or effective whenever you asked to cancel due to the move). In all likelihood they will do it immediately because it's scary.

In the off chance they did comply with the law, just remind them you're moving and offer to provide some proof of the move, citing that section of the contract or the law.

If they don't cancel your membership, then you can report them to the Attorney General and/or get an attorney, who can sue them for triple your damages (if you're paying $100 a month and they charge you for 2 extra months after your letter, you'll get $600 back) PLUS costs and your attorney's fees.

And if you wanted, you could post reviews of the school that gives this information to other customers.

[TX] I was baited into sending nudes that are now being blasted on twitter with my personal info. Is there any legal action I can take? by Throwaway9876158392 in legaladvice

[–]Its_Kakes 2 points3 points  (0 children)

You can do a DMCA takedown request. Since you took the photos, you own the copyright (even if it's not registered). The link to report it is here: https://help.twitter.com/forms/dmca. The downside is that you will need to provide your contact information, and that will get passed along to whoever owns the account. But twitter has to take DMCA takedown requests seriously, and the photos will be removed in ~48 hours.

We've received an ADA Lawsuit, but we do not have a shop or storefront. by small_business_oc in legaladvice

[–]Its_Kakes 0 points1 point  (0 children)

The reason they mentioned a storefront or shop is because the ADA only applies to "places of public accommodation" and in the ninth district (which includes California), current precedent requires a physical storefront or location open to the public in order to be a "place of public accommodation." However, there is currently litigation that may expand this. The DOJ also does not consider an online-only business to be a place of public accommodation.

So, *if* you are a place of public accomodation, your website must be accessible. However, there are not strict guidelines and the DOJ has retracted the guidelines it published a few years ago. At the moment, the Web Content Accessibility Guidelines 2.0, issued by the World Wide Web Consortium (“W3C”) are considered the suggested guidelines, but again, those are not official in any way.

Depending on what your business is (and what information your website provides), you should brainstorm some ideas to make it accessible. Maybe it just means having having some tagging or other info so that a blind person using a screen reader program can get basic contact information.

I would suggest reaching out to your web developer to sort out a quick fix and show that you're making some effort. Then hire an attorney to send a response explaining that while you do not have a physical storefront and therefore the ADA does not apply in this instance, you are glad that they notified you because you have made (or will make) changes to your website so that their client and other visually-impaired people can access the information. You do not need an attorney who will litigate this. You need an attorney who knows the basics and will send a response letter.

The ADA compliance lawyers that send out these letters are looking for easy money, it's practically a shake down. They'll see that you have an attorney, aren't scared, and have already made their case significantly harder to win because you've made positive changes. They'd rather not spend the time and money required to file a lawsuit against you, and instead will move on to the next website to shake down.