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Good evening /adv/ocates. I'm working late and getting bored and a little drunk too. Ask a lawyer anything. If it's a specific legal question, tell me what country/state/province you're in. I'm in Canada, I do mostly family law.
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>>17308307
US. How is it legal for an employer to refuse to hire people who use nicotine? I don't use nicotine and never did, but I applied for Cleveland Clinic and it pissed me off that they test for this and actively deny people employment who smoke or chew.
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>Canada

Literally who cares.
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>>17308319
drug user isnt a protected class
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>>17308323
So if I drink soda which contains caffeine they should be able to test and ban me from this?
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>>17308328
its not illegal
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>>17308307
whats the penal code on the girl who broke my heart?
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>>17308331
I am not sure what you mean, but if you mean it is not illegal for them to discriminate, I get that but think its pretty draconian. What is stopping them from banning me from other personal lifestyle choices such as eating Doritos or drinking Mountain Dew (I do neither)? If you mean caffeine is not illegal, then neither is nicotine.
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>>17308341
join a union
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>>17308319

That's messed up. I've read the replies to you, and this is indeed screwed.

Nicotine isn't a restricted drug.

But it's quite possible that the employer screens for smokers because their benefits provider tells them that they have to. And the employer does it in order to keep their contribution to health insurance premiums down? Often employers pay a portion of the health insurance premiums, or even if not give the employees access to a group plan.

Does that conjecture make sense to anyone?
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>>17308320
>>Canada
>Literally who cares.
You don't. So piss off back to /b/, you skid mark.
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>>17308339
>whats the penal code on the girl who broke my heart?
No penal code. But there's a penile code. And that code is "get it wet"!
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>>17308307
Hi, OP. I live in California.

I am going to Uni (in CA) this fall and applied for financial aid. The school requires me to turn in my tax transcript for this year by June 10 to be guaranteed fin aid but the IRS hasnt done my taxes yet.
I did my taxes in mid February and when I noticed that I didnt receive my tax return, I called the IRS to see what happened. They told me that they received my taxes but didnt process them for an unknown reason. They said that they would be done within 8 weeks from now but the thing is that my deadline to turn in my tax transcript for school already passed.
The Uni said that they cant guarantee me financial aid now that the deadline passed and money would be awarded to me on a first come first serve basis until funds run out.
Basically I might not even get financial aid because of IRS negligence. What are my options? Thanks, OP.
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>>17308371
>I might not even get financial aid because of IRS negligence. What are my options?
Ugh, that stinks Anon. I'm sorry. Best I can recommend is showing Uni the direct communication with IRS about the delay in the processing of your return.

In fact, if you smile nicely on the phone and get a friendly IRS agent who is sympathetic, maybe you can get them to send an email to Uni that this isn't your fault. I know that IRS has a bad rep but it's worth a try; they are people too and will help you if they don't have to go too far out of their way or break their own rules.

In my experience dealing with government agencies, being polite and friendly gets me more co-operation and info than any subpoena.

Good luck!
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>>17308360
You're not even a real lawyer.. seriously go peddle your game of makebelieve on Reddit or Vancouver or something.
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>>17308380
I don't have to convince you, Anon. You can eat me. If you are determined to call me out, ask me something. Otherwise go back to your fapping to anime.
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>>17308341
>What is stopping them from banning me from other personal lifestyle choices such as eating Doritos or drinking Mountain Dew (I do neither)?

Great post! In an employment situation, it's easy to identify the employee's "rights", but enforcing them is another matter entirely.

If I were interviewing and I asked the candidate about their diet, and they replied that they existed on Mountain Dew and Doritos then I wouldn't hire. Just sayin'.
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>>17308351
Lol, eat a bag of dicks. The only people who think that is good advice are retired union members, college student who've never worked and shop stewards.

How it works now is that you pay dues, get a bbq or two a year out of it and have the union bend over and take it from management if there's ever a problem.

Former teamsters 618 here. I used to be pro union until I was in one.

As to the convo this sprang from, check your state laws. In Missouri we have legislation protecting people from work place retaliation for off duty drinking and smoking, but we're a pretty tobacco friendly state.
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>>17308307
How do I make will?????? Help me!!!!!!!!
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>>17308441
>Lol, eat a bag of dicks
Great post, Anon. In this day and age, unions are a mixed blessing. Yes, employers need to know their place. But if the union extracts too much then the employer can simply shut down and move to Mexico or China.

Welcome to the new global economy, right?
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>>17308393
I never said anything about subsisting on these any more than one can subsist on smoking. Making decisions about what people can do during their personal lives if the activity is legal is messed up. Can they ask if i believe in abortion or gun control and make a decision based on that? Where does it end?
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>>17308449
Making a will isn't difficult, Anon. Don't freak out. I assume you're freaking out by your excess punctuation.

I don't know where you are, so I'll assume that you're in Murrica or Canada or somewhere civilized.

You can do your own will, generally speaking. Go to a bookstore or look it up online. I don't encourage people to do that themselves, because a will has to be done right or else the deceased's family is feuding forever which is the last thing that the testator wants.

Most law firms charge very little to do a will. They consider it a "loss leader", so that you'll think of them as "your lawyer" and hopefully you get hit by a bus on your way out of their office and crawl back in.

All joking aside, a basic will is cheap and you'll feel better knowing that it's been done by a lawyer. If your will is complicated, involving corporate assets, trusts, or assigning assets to heirs that are to be kept out of your net family property if you divorce before you die (for example) then go see a decent lawyer. To find one, ask family and friends and co-workers for a recommendation.
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>>17308457
Good question. My point exactly about one's "rights" vs. living in the real world.

Let's say that you're a young woman, and a newlywed. Do you think that you're going to get hired for a decent job, when the employer suspects (rightly) that you're going to be pregnant within the next two years?

They shouldn't ask. And if they do ask then you don't have to tell. But good luck getting that job, Anon. The real world calls to you.

How far will a job applicant get if they sue the potential employer for refusal to hire based solely on the interviewee's answers about smoking? Not far I'll bet. IRL vs paper rights.
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I'm trying to get a law internship. The problem is, is that I'm entering first year uni and I'm going in for biz (I want to do corporate law). What is my best option for getting an internship without familial connections and without emailing every firm on yellow pages? I've done the latter, and haven't received any replies.
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>>17308452
Yes and no. I was a truck driver/sales rep. Can't outsource that, and we desperately needed union protection.

I was injured on the job and told to report to work without the controlled substance painkiller the company doc prescribed. In another instance I reported a slip and fall that resulted in no injury (per policy) where I took all appropriate safety precautions and was issued written discipline for it. Pay was frequently manipulated when we started earning too much. Work assignments were given out with incredibly unrealistic time frames. 45 to 60 hour work weeks were routine, no overtime paid.

Each time we went to the union, the general attitude was don't rock the boat or "oh your job isn't in danger so it's not worth fighting."

Fuck unions and Frito-Lay/pepsico right along with them. Got another job in public service, much happier these days.
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>>17308492
>What is my best option for getting an internship without familial connections and without emailing every firm on yellow pages?

First off, learn to read! How can I possibly answer if I don't know where you are?
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>>17308494
I'm glad you're happier now, Anon. I talk to lots of people who think that their union is useless and not representing them against the employer.

Sadly, the only answer I can give is "under a collective bargaining agreement, you can't sue the employer. Your union has the sole right and obligation to represent you as against the employer. And if your union isn't doing it's job, you have to sue your union rather than the employer!"

It's messed up for sure. And that's even before political money gets involved.
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>>17308486
I am a hiring manager by the way so your real world comment does nothing for me. The difference is we are talking about publicizing these hiring practices and testing for them vs. just thinking them behind closed doors. Id see your point if i told her we are a baby free employer and she has to submit to pregnancy tests regularly. Again, where does it end?
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>>17308519
We could talk about this for hours, Anon. But we wouldn't resolve anything. Since when is 4chan the place to go for a serious professional consult?

In Canada, there's a Human Rights Tribunal, at both the provincial and federal level. It's tedious and very lengthy, but if one is discriminated against in the workplace than that's the place to go. At least there's a place.
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>>17308371
Tax person here. Give them a copy of your tax return that you filed. I know FAFSA automatically communicates with the IRS now to automatically obtain tax transcripts, but you should be able to submit a hard copy and/or a previous year's tax return (may change your financial aid outcome, though). I know things are changing, but don't give up -- do submit something. Unless your Uni as some weird ass rule (maybe new), but I haven't come across an instance where you can't submit a hard copy to start processing (at least in my state). They can reference the tax return you provide and the IRS copy at a later date, but get a hard copy of your tax return to them before the due date. Do it.

>>17308379
The IRS only mails correspondence and getting the letter will probably take more than the "8 weeks" it will take them to process the original.

But OP, you have to make sure they actually process the original. Call again. Ask for an update. I've had agents go, "Oh yeah, it needs to be processed, so we'll process it now" and have them do nothing. Call again and make sure it is being processed.

You can check "Where's My Refund" on the IRS website once a day to see if there is an update. The IRS has "misplaced," or not processed a lot of returns this year. There is also a massive delay if you had health insurance issues or because of identity theft issues, so there are a lot of legitimate reasons for delays and your uni has to have a way to deal with those and it's not just "putting it on the backburner, lol." They need to accept a hard copy and wait for the final transcript or use a previous year's return. Don't let them brush you off because they have a lot of work to do.
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>>17308542
More of a discussion about ethics than a consult. Also 4chan surprises me from time to time so keep an open mind.
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>>17308549
Anon comes through! Great advice, you have done us all proud with some serious and practical input! Thank you, really.
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>>17308549
Thank you anon for taking the time to write all of that out!

I already gave my school all the copies of my tax return (1040, W2, etc.), but the financial aid office told me that starting this year, they will only accept tax transcripts and not the actual tax documents that I sent to the IRS.
I called the IRS twice (4 weeks apart for each call), I left my number both of those times but no one called me back. Im going to my local IRS office on Friday but honestly idk what I am gonna say. Idk if telling them to work more quickly is gonna help. Do you have any advice on what I should say to them during my visit?
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It's past the witching hour, and I'm going to bed. G'night /adv/, thanks for the questions and discussion.

I'll try to check back in the morning.
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>>17308549
Also I wanted to add that the IRS Tax Retrieval Tool that lets me import my taxes from the IRS to FAFSA doesnt work because my taxes are still not processed. The last time I tried to use this tool was one week ago and didn't work. Idk what to do other than visit my local IRS office.
Also, thank you for the help, anon. I really appreciate it.
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>>17308307
Have you ever slept with a client?
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>>17308627
>Have you ever slept with a client?
No. Lawyers have a special relationship with clients and having sex would muck that all up. Especially in family law. I've had plenty of women clients come on to me but it's a white knight syndrome for them.
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My mother got into a low speed car accident with an old man. This guy has some kind of insurance that only covers the policy holder's health expenses. (It's a state program for low income seniors and in 3 states.) He said he'd pay for any damages. She found out he can only pay $150/wk. If there's any damage, it seems minimal, but she's afraid there might be something under the surface that will cost later. The guy seems honest, but I want her to get his agreement in writing.

What kind of document does she need to ensure he won't go back on his word of paying for any damages?
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>>17308307
i have jury duty coming up and idk if im moving out of state before the date rip me
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>>17309502
>i have jury duty coming up
What state are you in? Are you asking me how to get out of the jury duty, or do you simply want me to tell you how screwed you'll be if you skip out?
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>>17309490
>What kind of document does she need to ensure he won't go back on his word of paying for any damages?
Firstly, mom needs to get a couple of written estimates about fixing the damage. I don't know how they can agree on what he owes her without that.

Then he writes that he acknowledges responsibility for the damage, and the total he owes to mom. Better if he signs it, it's dated, and there's a witness.

Then he starts paying mom, and she keeps track of what he owes her. If he misses payments or doesn't pay, she has all the evidence she needs to take him to court.

Or, she tells him to go get a loan to pay her, then he can pay the bank. Mom isn't a bank. If he can pay $600 per month, surely he can get a loan.

And I'm no mechanic, but what the hell is she talking about "something under the surface that will cost later"? Cars don't get soft tissue damage. You said it was a low speed collision. Does she want to preserve the right to sue him for anything that goes wrong with her car in the future? That's just stupid.
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I have a question for you Lawfag, but I'n in the UK so I guess I'm looking more for just your opinion rather than a technical answer.

I have an elderly neighbour, Jimbo. He's 79, no surviving family, no friends. For about 10 years I've been doing stuff like helping him with shopping, doing odd jobs in his flat, mowing his lawn, that kind of thing. He's an alcoholic, not drunk for years but last month he got back on it, 2 bottles of brandy a day. His health has deteriorated to the point where he needs round the clock care, which is being provided by yours truley at the moment, so I'm on indefinate leave from work (I'm self employed, so it's not a huge issue). If he lives another 6 weeks it'll be a miracle.

Now, it transpires that Jimbo has in his bedroom a few shoeboxes of cash - he had me count it out and there's just over £127,000 (about $221,000 CAD) in there. He's adamant that I'm to have it if anything happens to him. I don't particularly want it (I've got through the first 36 years of my life without handouts), but the other thing he's dead set on is that he doesn't want anyone else getting their hands on it - stealing it or whatever.

I've had three different lawyers out to make a will, but none of them will do it once they realise he's drinking. Apparently it won't count. I even offered the last guy an extra £250 on top of his £200 fee to ignore the fact that he wasn't sober, but no dice.

I can't get any official way to make it legally mine when he goes. He reckons I should just take it, but I've no idea if anyone else knows it's there (and will be expecting to at least hear what happens to it), and also two of the lawyers have seen the money. He reckons I should just grab the money and not tell anyone if something happens to him.

My biggest concerns are that I want to fulfil his whishes for it, but I don't want to go to jail for stealing it. I also don't want to give the impression that I'm taking advantage of a vunerable old man.

What do?
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>>17309592
That's quite a situation. Firstly, if the guy really wants you to have the money, then don't feel bad about that. It's his money. If you take it and give it to charity yourself, that's up to you.

An idea might well be that he writes a note, get it dated and get a witness other than you to sign, saying that he's gifting you this money in appreciation for all you've done for him by caring for him for the past ten years. Then it's not in a will, and it's not going to you upon his death. That's my first thought.

You should consult with a lawyer of your own. It sounds like you need to do this quickly. There's a website I can recommend, but I don't want to be a shill. It's a paid site where you can get some quick reliable legal information for pretty cheap. Not a scam I promise. If you tell me how to contact you by email, I'll send you a link.
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>>17309606
throw-away email: burner2506 at gmail dot com
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>>17309550
>And I'm no mechanic, but what the hell is she talking about "something under the surface that will cost later"? Cars don't get soft tissue damage. You said it was a low speed collision. Does she want to preserve the right to sue him for anything that goes wrong with her car in the future? That's just stupid.
We are both afraid thus will have triggered something that will come up later. We've not had good luck with cars. The body shop won't check beyond the bumper gratis. If there's nothing wrong, she just wants home to pay for the cost of the estimate. If there is work to be done, she will unfortunately have open a claim with insurance, and her rates will almost certainly go up, even though she's not at fault.
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>>17309754
The guy is willing to pay the deductible in that case
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>>17309734
OK, sent. Good luck.
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>>17309754
Then get him to pay for the estimate, if there is a cost. How else can they decide what's an appropriate amount for him to pay? And lastly, I appreciate that she doesn't want to make a claim under her insurance. But that's life.
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>>17310654
There's no need for the attitude. I was just classifying the situation, since you assumed she didn't on now she needed to get an estimate. You still never specified the type of legal document this all requires.
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>>17311125
>>17310654
>>17309754
I am thankful for your input though.
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>>17311125
You could do a specific contract, maybe even a promissory note. But all that is really needed is solid evidence of an acknowledgement of debt and the amount.

Sorry about attitude, but a lot of that situation makes little sense.
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