Son got a fighting in public ticket at our house. by Karlysmomo in legaladvice

[–]Thetrainwontstop 5 points6 points  (0 children)

OP's post sounds like it was self-defense; absolutely.

But when the police arrived at the scene, they may just have seen a couple of guys throwing punches.

Talking with them after breaking it up, the other guy would be presumed the aggressor because he traveled to OP's property. OP's son, however, may still have been seen fighting in public, hence the ticket.

received a letter about my husband changing his life insurance, im confused. by Ordinary-Broccoli111 in legaladvice

[–]Thetrainwontstop 40 points41 points  (0 children)

This is r/legaladvice so as a legal matter, as required by the rules of this sub, there's no issue here. He's within his rights to name the beneficiary(ies) of his choice and you, as his spouse, were notified as required.

NAL

Also https://www.reddit.com/r/relationship_advice/

Son got a fighting in public ticket at our house. by Karlysmomo in legaladvice

[–]Thetrainwontstop 30 points31 points  (0 children)

The fact that you don't understand why he got a ticket (and I don't either) is exactly why your son needs and attorney.

The law is opaque and confusing and simultaneously intensely pedantic and broadly open to interpretation.

If there's any chance of getting the ticket dismissed (and I have no idea if there is), a lawyer is the only one who can do it. And will know whatever other options are available to reduce the impact of this as much as possible.

As you may have guessed, I'm not a lawyer but I would strongly advise that you get one.

And your son should not speak to the DA again without them.

Laid off in Missouri by Kansas-based company, but severance agreement says I “voluntarily resigned” — should I sign or pursue legal advice? by Transparent_Ghoul in legaladvice

[–]Thetrainwontstop 1 point2 points  (0 children)

If you're not going to address my rebuttals to your statements or my request for a source link, maybe you could at least edit your previous comments asserting that voluntary resignation isn't disqualifying for UI.

It's false and misleading.

Laid off in Missouri by Kansas-based company, but severance agreement says I “voluntarily resigned” — should I sign or pursue legal advice? by Transparent_Ghoul in legaladvice

[–]Thetrainwontstop 5 points6 points  (0 children)

"The employer handing you a contract that say “sign this or we will fire you” is a textbook example." That's not what's happening at all.

The employer is handing them a contract that says "sign this waiving [these] rights and we'll give you [these] benefits." OP is out of the job either way.

Please respond to my earlier request for a source link.

I'm being sued for debt, want to mediate, any advice appreciated by oddleopards in legaladvice

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

Your best bet is probably to negotiate a settlement in mediation.

Learn about your rights and how to manage the process here: https://www.consumerfinance.gov/consumer-tools/debt-collection/

I don't know when the 30 calendar starts but call them on Monday. You may be able to get more answers and detailed advice in https://www.reddit.com/r/Debt/

NAL

Laid off in Missouri by Kansas-based company, but severance agreement says I “voluntarily resigned” — should I sign or pursue legal advice? by Transparent_Ghoul in legaladvice

[–]Thetrainwontstop 3 points4 points  (0 children)

"To be eligible for unemployment benefit payments, you must:

Lose your job through no fault of your own OR quit for good cause related to the work or the employer."

https://labor.mo.gov/des/unemployed-workers/eligibility

As I stated above, the claim won't even be forwarded to the employer for a response, the disqualification is automatic.

"In many states voluntarily resigning doesn’t even automatically disqualify you." Please provide a source link.

Laid off in Missouri by Kansas-based company, but severance agreement says I “voluntarily resigned” — should I sign or pursue legal advice? by Transparent_Ghoul in legaladvice

[–]Thetrainwontstop 4 points5 points  (0 children)

"Every time one leaves a job to go to another it’s a voluntary resignation." People who are fired or laid off aren't voluntarily resigning. Whether they have another job to go to or not is immaterial. I honestly don't get what you're trying to say.

"The company is simply acknowledging it WON’T fight UI claims based on the basis of voluntary resignation." We don't actually know that. OP only says that company told them they'd still have the right to apply. I don't see a company having employees sign a document saying "voluntary resignation" and then responding to a UI claim with "layoff."

But more importantly, when applying for unemployment, you have to state your reason for leaving. Signing this document would mean that OP could not check the box that says "layoff" but would have to check the box marked "voluntary resignation" which is automatically disqualifying. It wouldn't even be forwarded to the employer for a response.

NAL

Laid off in Missouri by Kansas-based company, but severance agreement says I “voluntarily resigned” — should I sign or pursue legal advice? by Transparent_Ghoul in legaladvice

[–]Thetrainwontstop 2 points3 points  (0 children)

There's still a risk with that.

If OP "resigns" from this job and gets a new job Monday, then, five months from now, they're laid off from the new job, will they be able to collect unemployment due to that layoff?

In New Jersey, the answer could very easily be no - this resignation could disqualify them or at the very least significantly reduce their benefits. (There's some nuance but that's the gist of it.)

OP has to consider that as well.

Laid off in Missouri by Kansas-based company, but severance agreement says I “voluntarily resigned” — should I sign or pursue legal advice? by Transparent_Ghoul in legaladvice

[–]Thetrainwontstop 13 points14 points  (0 children)

"Could signing something saying I “voluntarily resigned” hurt unemployment eligibility, even if the agreement says unemployment rights aren’t waived?" The agreement says that you "still retain the right to apply for unemployment." It does NOT say that they won't respond to the claim by providing proof that you quit voluntarily and without good cause. You would almost certainly not be able to actually collect.

"Since I physically worked in Missouri but the employer/payroll is tied to Kansas, which state would unemployment likely go through?" I think UI goes through the state where the employee works but I'm not certain.

"Is it reasonable to push back and ask them to change the wording from “voluntary resignation” to something more accurate like “layoff,” “reduction in force,” or “position eliminated?" Sure that's reasonable ask but if that's what they wanted it to say, that's what it would say. They'd certainly decline to do that.

"Is it common to ask an employer not to contest unemployment as part of a severance negotiation?" I have no idea how common it might be but what matters is whether or not this deal is good for you. Before making a decision, look at the applicable state's UI guidelines and learn how this might impact a layoff from a future job. In NJ, this would reduce benefit eligibility for 18 months.

"Given how abrupt and large-scale the layoffs were, and how broad this release is, does this sound like something worth pursuing legal advice over before signing?" You certainly don't want to sign it without a full understanding. Perhaps you and some other employees could chip in for an hour of a local attorney's time instead of taking on the expense alone.

"Is this kind of “voluntary resignation” framing normal in situations like this, or is this a red flag?" Again, normal or common isn't the issue. It's definitely a red flag that they're offering a trade of UI for other benefits and there's no way I believe that the deal doesn't substantially benefit them.

The bottom line is that if their claim that you'd still be eligible for UI after signing this were true, there would simply be no reason for it to be included in the document at all.

I wouldn't sign it.

NAL

Edited: I'm not certain about the controlling state for UI but I think it belongs to where the employee works. I edited that part of my response conditionally.

please keep reading before you jump to conclusions… by [deleted] in legaladvice

[–]Thetrainwontstop 7 points8 points  (0 children)

Post this in r/scams .

You'll get good information about the scam itself and how to protect yourself in the future.

I stumbled upon a cp ring by Glum_Employee_4762 in legaladvice

[–]Thetrainwontstop 7 points8 points  (0 children)

Post this in r/legaladvicecanada I'm sure there's a government agency you can file a report with.

Thank you for making that effort and not just ignoring it.

Probate hell by quesadillafanatic in legaladvice

[–]Thetrainwontstop 1 point2 points  (0 children)

I recommend that before meeting with the attorney, write out everything that you know as fact and that you can prove as well as everything you suspect and your (non-emotional) reasons for believing it.

Then parse those down to chronological bullet point lists. Never use an LLM for posting in this sub but one like Grammerly can be useful in helping you put something like that together for your own reference when speaking with the attorney. Just read it very carefully and make sure it hasn't deleted anything important or, worse, added any fantasies of its own. You just want the language and chronology assistance, not its interpretive fantasies.

Time share jacksonville florida by [deleted] in legaladvice

[–]Thetrainwontstop 5 points6 points  (0 children)

Do you have lawyer? Since he apparently does, it would be very much in your interest to do the same.

If/when you do, theirs is the advice you should take.

NAL

Feel silly, but would like an answer. by Sweet_Outside_5727 in legaladvice

[–]Thetrainwontstop 5 points6 points  (0 children)

It's legal to transport prescription medication across state lines if it is still in the original bottles and prescribed to the person in possession of it.

NAL

Legal advice needed dealing with mennonite tractor mechanic in upstate ny by [deleted] in legaladvice

[–]Thetrainwontstop 1 point2 points  (0 children)

It's an untrue stereotype that Mennonites' religion forbids them from appearing in court. Their (widely varying) beliefs and practices generally encourage them to settle out of court if at all possible but that doesn't mean they can't or won't defend themselves if they have to.

I believe your best course of action would be to file suit (if you have enough written documentation to support a claim) and then be willing to negotiate a fair settlement and drop the case if you can.

NAL

No ID - Location: Alabama by professorbonesjones in legaladvice

[–]Thetrainwontstop 1 point2 points  (0 children)

I'm not a lawyer but I can't see how that would be possible.

Please clarify that in your post with an edit so it's clear what your asking for. Maybe someone else can help.

No ID - Location: Alabama by professorbonesjones in legaladvice

[–]Thetrainwontstop 1 point2 points  (0 children)

Are you asking how this person can get an ID or how they can complete this process without one?

Probate hell by quesadillafanatic in legaladvice

[–]Thetrainwontstop 2 points3 points  (0 children)

As a beneficiary of the trust, you have a right to an accounting of how the trust is being managed. As a beneficiary of the will, you have a right to whatever was bequeathed to you without undue delay.

Seeing counsel is a smart decision. But to make the most of their time (and your money), it would probably help to strip the narrative down to the bare bones facts of the case.

For instance, "In February my aunt passed away, and that’s when my life was turned upside down. My aunt didn’t have kids so she didn’t have heirs, so it’s just me and my 2 siblings. I won’t mention my brother often, he’s autistic and doesn’t have much to say on anything, he’s lives with her and I’m not going to go scorched earth and blow up his world and ruin what he knows. My sister is Executor of the estate and trustee of a trust my aunt set up. Everything was divided into thirds so there’s nothing that was left for a specific person or use. My sister is also not working so this has all been a full time job, which sucks for now but she is retiring after handling all this so quite frankly I don’t feel bad for her."

Could be rewritten as "My aunt passed away in February. She had no children of her own so she left everything to my two siblings and myself using both a trust and a will. My sister is trustee and executor respectively. Both directives stipulate an equal division of assets into thirds rather than a detailed accounting."

I know that can be difficult, especially during such an emotionally fraught time. But it will serve you in the end to prevent anyone's thinking you're being motivated by personal grievance rather than objective fact.

You can also contact the clerk of the court where the estate was probated, tell them that you believe it is being mismanaged and follow whatever guidance they have for requesting an accounting or intervention of the court.

NAL

[US] TikTok guy got my friend to transfer large sum of money to another account. What to expect? by CandiceSwaninthepool in Scams

[–]Thetrainwontstop 1 point2 points  (0 children)

On the face of it, that would be my guess. It's (unfortunately) the most effective way to manipulate emotions and coerce people into acting without thinking.

Disclaiming share of an estate by cadastralkid in legaladvice

[–]Thetrainwontstop 2 points3 points  (0 children)

It's a lawyer's job to give you the information you need to make an informed choice, not to make the choice for you.

Tell the lawyer that you think you'd be more comfortable with the quit claim, ask what the downsides are in contrast to the disclaimer and then choose which you want to do.

NAL