Law Questions and Answers

Can an employer change your income rate without notify you prior?

It's obviously not moral, but is it officially recognized for an employer to change your repay rate without prior notification?

Answers: I've received pay envelope rate increases with out human being notified. I would assume that if they can increase without notification they can probably end as well.

Yes it's officially recognized. Your working for your employer is an agreement between you and the employer. If the employer decides to lower your retribution, you have the pick of leaving. If you stay, you are accepting the lower rate.

You also have the right to constraint a pay lift, and to leave if you don't attain it.

No, you can sue them if they deduct too much too speedily, ANY is usually too much too fast... You depend on them as they depend on you.

Fair exchange ain't no swindle.

Look up employment rules/law surrounded by your area for a more controlled explanation.

Quit. As long as the unscrupulous employer is able to draw from the job done and income you less they will.

Verbal agreement/ Sueing?

Well how can i start, Me and a Realtor had a speaking agreement on a few incidents we even had a contract beside the company. we closed a few deals which she be so post to train me on since they were my deal and i was to receive 45% (as to what contracts state) but after she got remunerated i didn't. it was 20k contained by commission. she turned in the sale as her own and didn't mention me in them and very soon i'm out of my 45%. how abouts do i get my money/suing contained by this matter? what benign of proof would i need? what would you recommend?

I really dont want to sue her (shes my best friends mom set her for 8 years) but i will if i have to.

Answers: Your contracts beside the company, if any, could show a course of dealing in which you come to expect the same percentage of every treaty. An oral contract can be enforced, to some extent, but there are law that limit what you can sue for minus a signed agreement (e.g., $500). For the amount of money you're out, definitely discuss beside a lawyer soon. A nice communication from a lawyer may be adjectives it takes to aid her "remember" the deal.

First you utter you had a vocal agreement and then you speak you had a contact near the company. I am not sure what you have but I will detail you this: if you had singular a verbal agreement that she would repay you 45% of the commission, you are probably out of luck. If you are not licensed and the state you are in requires a license, consequently you are out of luck. You CAN sue with simply a verbal agreement but it is not straightforward. A witness would be great, a history of paid agreements between you would be great. There are lawyer that will consult with you for $45.00 to $150.00 and bestow you the answer to your question. I suggest that$9000.00 warrants a few hundred to find out. Then you can budge to court an file the papers yourself if the answer is favorable. But if she get a lawyer you might want to retain one also..

Is a reservation at a restaurant a contract?

need some relief with my statute assignment.. would a reservation at a restaurant qualify as an offer? and would the embracing be the restaurant reserving a table?

Answers: I offer to attend your restaurant (thus hinder my future freedom of action) conditioned upon your committing to an agreed reservation time. You bestow a time and I accept your grant of a table to be had at that time (thus limiting your adjectives freedom of action). We have exchanged costly consideration in the form of promises. It is a valid and binding oral contract, assuming it doesn't exceed the margins of the statute of frauds and perjuries (i.e., the reservation is less than a year away, if not it cannot be enforced without a writing).

You enjoy satisfied adjectives conditions and I would be in breach of the contract if I do not arrive timely, and convey out my implicit intent to dine (and spend money). Your potential damages for my breach (leaving you without a paying customer at that table) would be your lost profits, unless you can mitigate by nourishing the table with another carnival. I could claim I only considered necessary to come have a drink of hose; you could claim the average cover is $100.

Many hotels and professionals request a credit card number to make a reservation or appointment, and inform you of the price of their "liquidate damages" if you fail to show up. The contract is already within place; you're just giving them the routine to collect upon your default.

NO! Reason human being if person who trademark the reservation don't show up they are not sent a bill. When a person breaks a contract even a voiced contract there in general are consequences. With the exception of restaurants.
For example some doctors office will charge a long-suffering if they don't cancel an appointment surrounded by 24 hour before
A hotel taking reservations might charge the party who doesn't show up x amount of dollars.
They never charge the full amount.

if the customer left a deposit on the reservation later yes it would be a contract.

But seing as this is not the practice then nil of value have been traded or no agreement signed so no contract have been formed.

Here is the promise have you ever made a reservation below a false name? I sure own. there would be no instrument to prove the resevation was made lacking a deposit. It would be a he said she said. how would you prove you made the reservation?

Yes! The guests have the assurance a table will be available.
The restaurant have the assurance of paying customers. Though hard to enforce, it is, nevertheless, a contract, as both party receive something of value.
If the restaurant would bestow the table to someone else, the guests would suffer inconvenience, and is f the guests don't show up, the restuarant may be stuck with food they cannot get rid of.
---
We had fun next to this in business canon.

It would not be a contract due to lack of consideration.

I want to know if i can sue this trainner at laid loaw school bus company?

i be on this school bus chitchat to my peers about not getting rewarded for trainning. he turns around and starts cusing me out. like if you dont want to be here you can find the F of the bus right no and don't F N come back agin. F what you conversation about. and start triping. so i get affended. and i said i fill you are conversation to me. he said if i am what you gonna do about it. and i merely left. can I sue? and if i can what can i sue for. and how much would i attain.

Answers: Sue for what? Was it somehow a surprise that the training you were getting be unpaid? You walked out on free driver training because you didn't approaching the trainer. So you took up a spot in the class that could hold been taken by somebody else.

Sure! Go ahead and sue. Can you come beside $ 2000.00 for a retainer?? Attorneys don't work for free, you know.

Should I take the livelihood back?

I currently enjoy a very fitting job discrimation lawsuit within effect, because I was told that I could not save my job because I wasn't bilingual even though that requirement wasn't within the job description, and I be the only character out of five non- bilingual people told duplicate thing, however they be able to maintain their jobs. Before I be let stir, I asked constantly for a chance to be considered for any other clear positions but by this time the human resources refused to even speak to me. I never have any write-ups, or even a negative evaluation considering they didn't endow with me one. So now since my attorney have contacted them, the job call me and suddenly I am the perfect individual for the job, and they want me to come within and sign a new contract right away, but I'm lately not sure that they wouldn't do something to fire me again. So I don't know if I should take it or contine beside my lawsuit.

Answers: The first and most important piece is to consult your attorney, and find out how this changes things, as it could affect the adjectives judgement in this travel case. It seems to me they are trying to CYA, immediately that you are taking action.

However, I don't see within any case how going wager on to them is going to be a positive step. Was this job so biddable that you really even want to go stern there?

No verbs with the errand discrimation lawsuit you had previously, why would your lawyer warning you to take the position back, he/she should be the one on your side don't you consider? As if he/she is siding with the company to permit you sign the contract but with no guarantee. Why would run something without any benefits whatsoever. It is merely foolish.

The company wants to win you fund into their fold to avoid this lawsuit you just brought infront of their face, well the best piece is stand up for what you believe in, donot be pressure within giving in. I suggest you have to throw you legal representative out of the window and find latest one to side with you instead for the company, who know maybe he will bring back something in return once you return to the fold of the company. Bonus anyone?

What your legal representative is telling you make absolutley no sense whatsoever. You go rear legs and the company no longer has to verbs about the suit. You be the only one of 5 agree to go (fired) so ponder that as ably. You go stern and you will be in a exceptionally uncomfortable position and if they don't fire you subsequent they might make it so you will quit on your own.

My bet is the companies legal representative told them "hey, you had better hold out her a job". If you have a topical job it be not just yesterday that you vanished the old one. Think in the order of it. Why did you old company not call for you and offer you a chore 2 weeks before your advocate called? A week past or even the DAY before he call?

And most companies would not want an employee that threatened to sue them posterior. Other employees would cart note and the subsequent time someone was consent to go they would do indistinguishable and have an even better valise than you as it has be attempted before. So they would customarily want to settle this quietly a bit than have 5 roughly unfireable employees. Maybe they are not so smart but regardless they know you hold a case.

No find in the world would blemish you for not placing yourself in that position contained by a job that consent to you go. What you gain by going rear. nothing. Your advocate is telling you that it would hurt your crust because they showed good reliance in offering you a commission? Bull. You never got surrounded by trouble, offered to work in another position and HR be unprofessional enough to stop speaking to you? There is more to this than the bilingual entity and a judge will see right through it.

You hold a job and enjoy nothing to gain by going wager on.. NOTHING and everything to lose. It probably won't make it to court as they will probably settle. And since your advocate seems incompetant never adopt the first offer.

My fiance was hit by a truck while on his motorcycle what must we do to gain a lawyer or disability claim?

9/8/07 this merely happened. he be hit by a truck on his motorcycle. multiple fractures,... had to be flown to a trauma section has have surgery already and will have more. will give somebody a lift al ong time to heal and therapy---truck be at fault - driver be taken to jail next to a warrant out for his arrest and he was driving someone elses truck no license no insurance of his own.

what do i do? i file a claim through the motorcycle insurance, how do i find a lawyer/?????

i have over 20 witnesses, police reports, pics of the bike, truck, and injuries.

where on earth do i find a good advocate?

and how do we file disability claims through the state??

thankyou im so lost here and lately need to attain all this taken thoroughness of while being near him. hes still in the hospital and i havent gone his side... thankyou

Answers: Your state Bar Association has a legally recognized referral service... you can find it in your local phone book...

What if this guy can't be found to be served for a paternity test?

I want to get paternity established beforehand I can start going after child support. If he moved to another country and they can't serve him the papers, can he be arrested when reentering the US, or does he have to be served beforehand a warrant can be issued? If he is never found and served, can paternity be automatically assigned to him due to his failure to step to court?

Answers: why would he be arrested, He didnt flee a court date, As far as the court knows he have no knowledge of mortal a father for certian. He legally have not been notify of any court proceeding so he has not missed anything.

What will appear is when he does get served upon returning and if found to be the father consequently the court will hit him with put a bet on child support payments. meaning he will be responsible for adjectives the time from the babies birth until present.

but since he has not missed a notify court date and it has not be proven that he is indeed the father he wont be arrested. You have to look at it approaching this. If they arrest him and he hasnt missed a court date that he was notify of and it turnes out he is not the father he would have the right to sue the county he be arrested in for against the law detention and you right along with the country.

MISS MUFFIN: how sexist of you near are plenty of dead assault moms too. There would most likley be an equal amount of deadbeat moms to dad if the dads were given equal consideration within custody cases

ADDITION: No Immigration are not there to be proccess servers. They will detain required pesons, but not serve papers. The reson being is the papers he is served next to have to hold the courts actual seal on them (not copied) within order to be valid seeing as within are thousands of entry points he could come back to the US through here is no way the court could supply every immigration check point beside the proper paper work and if it is not proper it is a moment ago like he wasnt served

Paternity cannot be automatically assigned. He would hold to either agree that he is the father, or hold a paternity test done. If he is never found, fatefully you will never get child support. If you find out he is posterior in the country, and you know where on earth he can be found, tell the authorities as soon as possible. The sooner the better because they are pretty slow more or less pursuing deadbeat dads.

What if this guy can't be found to be served papers for a paternity test?

I involve to get paternity established formerly I can start going after child support. If he moved to another country and they can't serve him the papers, can he be arrested when reentering the US, or does he have to be served in the past a warrant can be issued? If he is never found and served, can paternity be automatically assigned to him due to his failure to run to court?

Answers: I don't know who "they" is who can't serve the papers, but there are provisions contained by law for serving papers overseas. If, however, an individual isn't served in that will be no warrant, and therefore, no, he can't be arrested at the border or anywhere else.

And while it depends upon your state's imperative, it's highly unlikely that anyone will "automatically" be assigned paternity underneath any circumstance other than self a father married to the mother at the time the child is born.

The FBI wants to request for information me.?

My mother did something wrong not going to say what but in a minute the FBI want to talk to my self and the rest of my family unit including my mother. None of us can afford a lawyer. Apparently what my mother did can be brought backbone to my entire family even though we have no clue what was going on. the FBI requests to question me in a minute I don't want to do something that might incriminate my mother or something and I don't want to have the FBI move about after me or something I'm only 20 and hold done nothing wrong I currently don't enjoy a job and can't afford a attorney any advice on what I should do?

Answers: #1. As stated, you do not hold 5th Amendment rights as far as crimes commited by someone else. The 5th Amendment protects you from self incrimination ONLY. As long as they ask questions related to your mother's activities, you DO NOT have 5th Amendment rights. Now, if you are asked a request for information that would tend to incriminate you personally as an partner in crime to your mother's actions, afterwards you can refuse to answer base on the 5th Amendment.
#2. You do not have the right to a public protector if you are not charged with a crime. But that shouldn't stop you from contacting the local public defender's department to see if there is an attorney's group surrounded by your area that give legal proposal to the poor.

But you also do not have to cooperate. If you do not preference to talk next to the FBI, then recount them you do not want to talk beside them. If they decide to charge you also, consequently you do get a public ally provided to you.

I say cooperate. If they read you your Miranda rights, ask if you are within custody or free to leave. If you are not contained by custody, leave. If you are within custody then recount them you wish to invoke your right to remain silent until you own spoken with an attorney. End of cooperation any way IF they read you your rights.
EVEN when they say aloud you would cooperate if you had nought to hide. Just smile, be polite, & speak about them they are entitled to the opinion provided to them by J. Edgar Hoover or whoever is currently wearing the panties surrounded by the director's office but that you still desire to leave.
The paranoid guy who answered is in part right. The FBI agents have be trained to interrogate you using sometimes subtle techiniques, sometimes not so subtle techniques. If they construct you any promises, ask for the promise in writing to be reviewed by an attorney representing you previously agreeing to accept. If they threaten you beside prosecution, then stop cooperating & let somebody know them to give it their best shot, but that you will to invoke your right to remain silent until your attorney is present.

I don't really know what you want to hear. If you've got nil to hide after there shouldn't be a problem. Be truthful, don't volunteer information that isn't asked for, and don't speculate on stuff.
Edit: Since nation brought up the 5th Amendment, I figured I would extrapolate on the subject. It protects you from SELF-incrimination during criminal or civil proceedings. One aspect of the Miranda notification is that it notifies you of the right to remain silent during a custodial interrogation. If you are going to be asked around the activities of someone else and your answers won't incriminate yourself, next the 5th nor Miranda applies.

doesnt the court order you one if you cant afford one. if you havent gone to court. i would beg to be excused to answer any questions or plead the 5th. i suggest you chitchat with your mother first

There's such a item as the 5th Amendment. You, and your entire family including your mother, don't enjoy to say a word to anybody.

They own to build their case on their own beside our without your support.

You have the right to remain silent. They may stroke like you don't, use subtle manipulation, or not administer you time to say "I will not speak because of my 5th Amendment rights," but they can't force you to enunciate a word.

Now, it gets furry when they suggest that you'll be in bigger trouble if you don't cooperate. Generally, this is only just a manipulative lie.

Another entity they might do is suggest that perhaps they could build a grip against you if you don't cooperate, and you'd get stale scott free in exchange for providing information or testify. I guess this is your choice, but don't say anything unless there's a written plea agreement within front of you. Remember-- they will prosecute you and your family to the full extent of the tenet if you flap your mouth.

Really, not saying anything is your best risk. You can also say, "I want a legal representative."

Remember, they have no right to interrogate you or request for information you without your consent. If you let somebody know them, "no," they have to stop. If you vote, "I want a lawyer," they enjoy to stop.

--------------------------------------

Response to Additional Details:

Yes, that response sounds okay. That indicates that you're willing to speak next to them at some point, but that you are invoking your right to remain silent until a lawyer can be near you.

If they're hard-nosed about it, simply state your rights as an American citizen to remain silent and request representation.

KEEP your mouth SHUT! Just say-so you want a lawyer and that's it.

Tell them zilch. Don't crack under the pressure.

Good luck.

The first sound out that pop up in my mind is this- ARE THEY REALLY FBI AGENTS? No really, next to the present world we live in anybody can be who they construe they are. I could be a fireman, with the present innovation on computer improvement technics I could copy one ID of a fireman in any State I could suggest of and then ..wallah. I am a fireman already and buy those fireman clothings surrounded by the second hand stores downtown, who could come up with otherwise huh?

You could check his identity in your local FBI branches and try to rummage if this agent is assign to your network and other details. Of course, this is going to be discreet in need telling him/her that you be researching his or her identity through their agency. Suppose this is indeed an agent, no agent is allowed to ask for money in exchange for a settlement of any mode, which comes to your case. Since your armour is so sensitive indeed, and you donot want to write about it, you should as for a legitimate expert on this. Since you can't afford a lawyer, I suggest you try to cooperate as long as you can as long as it is bound by canon, I think you know what I be a sign of.

And since this concern not you in demanding but your mother, I think she is the one who should answer the FBI not necessarily you as a 20 year elderly who got no errand at present, and no legal erudition of the proceedings much more the government as a total. So they might question you singular and but only if it is prerequisite with accordance to the travel case at hand, rest assured the system wouldn't put you on a compromise situation.

Before you are questioned by imperative enforcement -- including the FBI -- you have the opportunity to NOT answer question, and to have a legal representative present. If you cannot afford a lawyer, and remarkably since you're very young-looking, tell them that you want a attorney to be there to advocate you of your rights. By law, they MUST stop curious until a lawyer comes to represent and push for you. Next time, tell them you won't answer question until you have one -- next refuse to speak further until you hold advise from your attorney.

Can I drop assault charges against my little brother in Marion County, Indiana?

My brother is surrounded by jail for D Felony strangulation and A misd. for assault. I don't want him to enjoy to stay in send down. I think he needed to revise his lesson and it's the first time he's been arrested and they haven't "OR"d him even so. What can I do to help him? He have court tomorrow morning.

Answers: Unfortunately, in domestic hostility situations, once a report is made, it is not possible for the sufferer to drop the charges. However, if you refuse to testify, after there may not be plenty evidence for the state to proceed, and the case will be thrown out.

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