FindArena > Find Arena > Law

 
Thread Tools Display Modes
  #1 ()
Unrerolor : I'm going through an ugly situation. Here in Puerto Rico, age of majority isn't until 21. I left my home due to insanitary conditions of the house, and the emotional abuse that I had in there. I am living in a Job Corps center. Mother does not want to give me my emancipation because she wants to keep receiving government aid, and my father's child support, which she does not send me a single cent. She has another son from a different father;( he is 4 years old, and I miss him very much).

I also want to apply for college, but she is also unwilling to sign the FAFSA, so I'm going to have to do a dependency override. Legally, my mother has my custody, but I am receiving ABSOLUTLY no help from her and I'm doing things on my own. I want to go to college, save money to buy a car, which unlike some places in the US, a car is a need in Puerto Rico as we lack taxi shuttles on the smaller cities. I can't have one unless I were a legal adult.
She refuses to sign because she says "She wont leave her child thrown in the street".
I'm washing cars to earn money, I'm the student secretary, a member of the discipline committee I in the center, I'm not the spoiled brat she raised me to be anymore. It's been really hard but I haven't asked her for a single penny. I was even willing to pay for the emancipation myself with a lawyer, all she had to do was sign in front of him.
I forgot to mention, I'm 18. Going to 19 in a few months.

I could just move to the 47 states of the US where 18 would be the age of majority. And I plan to one day, but right now, I want to stay in PR because it's the most convenient for me right now.

  Reply With Quote
  #2 ()
CobyStoll : my boss lied to me about something i did so i told her she needed to stop making things up and she suspended me for 3 day, after the three day suspension she terminated me for those 3 days i was suspended because she said i did a no call no show and denied i was suspended witch denied me unemployment can i sue for this, i.e. slander for my employment record, falsifying a legal document?
i knew she was a shady bitch so i recorded our conversation where she told me i was suspended then later claimed at an unemployment hearing that the days i wa suspended i really did a series of no call no shows.
  Reply With Quote
more..
  #3 ()
gusladdnet : You can definitely take legal action. Go to the labor force in your local state. Just google it and talk to them about what you can do. It's their whole job to do that studf
  Reply With Quote
  #4 ()
oncall463 : evidence ought to have been shown at the hearing. if we failed to produce we may have weakened any unfair dismissal basis. check with a lawyer for chances of a successful case.
  Reply With Quote
  #5 ()
nawHydayassup : While it is an unfair situation I hate to be the bearer of bad news but....

Its illegal to record someone without their knowledge and permission, so your recording cannot be used in a legal case.

You probably live in an At Will state where a employer can fire you without good cause. You would have to prove what you are saying. That you were told you were suspended and have documentation of that. Your recording unfortunately cannot be used.

Even if you could prove it she could turn around and just say that she is firing you for insubordination. So Either way she has the advantage.

Try to nail down some paperwork or go a local labor union and get some advice on how to proceed.
  Reply With Quote
  #6 ()
Liaffobilfeli : Check with your states wire tapping laws to see if you recording the conversation was legal. Some states require both parties to be aware of the recording device being used. You might be able to use the recording to appeal the denial of unemployment because that is not a court of law and the recording maybe able to be used regardless of what the wire tapping laws are in your state.

Now if the law only requires one person know of the recording device during a conversation then yes you do have a case and could take her and your former employer to court. You could get her for falsifying employment records.
  Reply With Quote
  #7 ()
CrycleClomoto : Can you sue? Maybe.

The first step is to try to appeal the UI ruling. If you had the tapes but failed to produce them, it is unlikely you can appeal, as you do not have "new" evidence.

I would also look at filing criminal charges against them for falsification of govt. documents, and, possibly perjury, as the hearings are usually sworn testimony.

Some companies have strange rules, to where if you are suspended, they want you to call and check in every day. If that was the case, and you did not do it, then technically, it is a "no call, no show." Other than that, it sounds like you were done wrong.

However, I am not sure if you could bring some sort of action. It would probably not fall under employment law, which is what I am most familiar with, but possibly slander, defamation of character, etc. To fall under employment law, you would have to be terminated for making EEOC complaints (or EEOC protected status), whistle blowing, retaliation, refusing to comply with orders to break the law, etc....

When you file a lawsuit, one of the initial steps is for the lawyer to send a "demand letter," prior to filing the suit. It is entirely possible the company would be willing to settle at that point, to avoid negative publicity and the cost of litigation, which is expensive. You would need to have a realistic idea of what you would settle for. Make sure that clearing your name is part of that agreement.

Filing a suit is not easy. The process can take several years, and during the discovery process, your whole life is made known to the other side. They will want your tax returns, the names of everyone you have talked to about this, all correspondence, to include e-mails, that you have written about it. If you are seriously contemplating this, I encourage you to proceed with caution from this point forward as to who you talk to and what you put in writing.
  Reply With Quote
  #8 ()
EricRU : Record it and turn it in with all the other evidence. You will probably also have to sue them on behalf of grandpa. Must be able to prove that you are not also doing it and just upset over competition and that you are working towards their best interests. Good luck. Sorry this is happening.
  Reply With Quote
  #9 ()
UCMatthew : Why has this been allowed to carry on for so long? Presumably, with the amount of money and assets your uncle has extracted out of your grandfather, this has been going on for some time. Are you the only other family relative? Someone should be taking care of your grandparents' finances to prevent this scrounger from continuing. You should inform the police and a solicitor and get your grandparents' money secured. You could take over their finances so the uncle would have to go to you not them to get it and then you can tell him where to get off. I would change your number and have nothing more to do with them. 8 abusive calls in 1 day probably wouldn't really qualify for police protection but tell them along with the other information and preferably change your number so you no longer have to deal with him.
  Reply With Quote
  #10 ()
SwimedeeleVig : Your grandpa probably needs to have someone appointed as his guardian, as it seems that he's no longer competent to manage his own affairs. There is nothing shameful about this, I mean, it's sad, but Gramps has lived for a long time and apparently he's been successful. At any rate, Grandpa and probably Grandma need someone to look out for them. In all the cities I've been in, there has been a public department called something like Senior Protective Services, and you can call them in. You can also do this with a lawyer. Grandma and Grandpa probably would do better in an assisted living place. Some of those places are horrible, but many of them are very nice indeed. My mother is in one. The good ones have a variety of activities, they have shopping trips to places like WalMart, they provide nutritious food, they do as much housekeeping as needed, and they have medical assistance available at a moment's notice. There are different levels of assistance, depending on what the person needs. But the thing is, just having someone else doing the cooking and clean up is a big help to seniors, who frequently won't eat properly, because it's a bother to cook just a little bit of this and that (most seniors have small appetites).

If Grandpa and Grandma move into assisted living, get the old house sold as soon as possible. Otherwise, Uncle Mooch will show up (probably with his kids) and expect to live in it, rent free. During that time, any valuables that are in the house will mysteriously disappear. This includes items that have sentimental value to everyone in the family.

Gramps (or his agent) needs to have the credit reporting agency flag his account, so that no new loans can be opened in his name without jumping through hoops. This way, Uncle Mooch can't open another credit account or get another loan.

As for harassment, most phone companies will allow you to block certain phone numbers. For cell phones, what you do is you set the cousin's number to silent ringtone! Cousin can leave all the messages she wants. You can talk to her, once, and tell her that from now on, all of her messages will be deleted without you listening to them, and if she wants to give you a message, then she can send you a letter. This will do two things: you will not be getting a call from her every couple of hours, and it will aggravate the hell out of her. If Uncle Mooch is bothering you, block him or put him on the silent ringtone list as well.

It sounds very much like Uncle Mooch has some sort of behavioral problem or addiction. Maybe he's an alcoholic (which would explain why he's stocking Target at his age, which has to be what? At least 40?) Maybe he has a drug problem, or he's a gambler. Maybe he just is so very obnoxious that he can't advance in a job. But it's NOT YOUR JOB TO FIX HIM. I'm sure Grandma and Grandpa tried. But he's an adult now, it's time for him to act like one.

Please don't ask me how I know all this stuff. You may assume that I've either had it happen in my own family, or I've seen it happen in my friends' families.
  Reply With Quote