Ask an Attorney – “There’s a Difference between What’s Legal, and What’s Acceptable”

Wednesday, June 13th

Larry Army Jr returns to the studio for his weekly free legal advice segment! This week, military pensions, child support, DUI’s and more!

Transcript - Not for consumer use. Robot overlords only. Will not be accurate.

Yeah they Hill Man Morning Show on demand. Knowledge and pin on your schedule at WAS. Dot com. He's not that we are angry L'Oreal are Carlo are lawyers finally here for asking attorney you know I don't know what's worse than driving two and a half hours to get. LB don't. This happened go to the back in the last 45 minutes of what was so it's an air Marty Beijing because I'm late and I got to go to the bathroom where where you start. I don't shoot Barry I'll kill you are who they're sick. Miles two hours into when he went right usually eat 6450. Boy well that's the way it is these days I mean 645. It's now two hours leader. And it was all Mass Pike. And I think for the first order of business we would sue the state well there are not. No I mean I don't shut it pains not thinking clear enough forty years ago when they took over the plate picture taken double Sanford chopper. Well our. World will get into him while we we have some extra time so will pull push ask an attorney in two. The 9 o'clock hour and we'll begin with a driving one here here's a 978 tax. This individual. Got an old you lie they blew a point 08. And they weren't driving and they didn't have their keys in the ignition when they got charged. Do they have a case. So I'm gonna assume they were behind the wheel of the car like sleeping or something right yes behind it as you have access to the ignition you had the keys within arm's length. Does that the cars really. What they say you're supposed to sleep in the back or something like that that would you know I believe you should pull the bullets and that lets you go to say it's about us that opportunity cam is over. On so did not really case because they had already has quite a ways they definitely have a case yeah. Let's see I filed for divorce we have a mediator meeting. Oh gave him can you back that up from me now now now these questions are coming in as the actors. I filed for divorce we had a mediator meeting. And he asked to pay me alimony and divorce. Can he change his mind. And not agreed to the divorce and not gaining anything. So he can't change his mind of its mediation unless the agreement has been signed by both parties then you potentially have a breach of contract claim. If the agreement was presented to a judge and except that remain a part of a court order. Yet that contempt. But what it sounds like is they went to mediation. The husband made a deal went back home to a buyer's remorse. If that's what actually happened you needed divorce where. I I. My uncle won one million dollars on a scratch ticket. Should he take the lump sum or the pavements and does he have to have his name made public oldest and occasionally embarrass you do it. Right LB he has that they got thirty buyers very tired they're liking him I ask that you elevate. Your thoughts at elevated her what I think it's gonna rain today and answers she talked. Your CPA about whether or not he should take a lump sum or immunize now I will tell you this typically I believe that taking on some has better because I think you can do more with that money. In terms of growth and you gonna do with the monthly payments over time structured settlement they call that. Now the flip side is is that you have no clue how to manage money you might wanna think about taking the structured settlement. I served here's a 33. Nine tax. I served in the military for 23 years. And was married to the same woman for twenty of those years. Is she entitled. 238%. Of mine military retirement. Pension so the military is great because they have special brew rules that people that serve. So there's a point when you roll and the military for pensions. And if you're married for twenty years during twenty years of active duty service or reserve service your spouse is going to be entitled to that. Just as a side note they have at 1010 rule for health insurance as well as they try care that continues through them. So he just that unfortunately it sounds like each test he should and a little bit before the twenty nice seniors applied a great I was planning is important drag. I'm still people do pre divorce planning we we do have. We do have some notoriety for doing those kind of Duncan's way helping people navigate the shores of a divorce does the other spouses generally know that pre divorce planning going on when I do not just told everybody and I'm not generally level on morning. It's yes. Let's see. If you are using your personal vehicle on company time for company business. And your windshield gets broken on the highway. Is that is that the employer's responsibility for repairs. So the short answer here in the logical answer is you get free window replacement and Yahoo! policy in Massachusetts though. Why make campaign not (%expletive) them off Perez get it done for for allowing. An editor Christian army that vice comets that I grant. My parents took settlement money from my dog bite that I was supposed to get at eighteen years old and bought a house. They gave the house to my brother and left he would not thing what are my options. Yet called Larry how are new parents let. It's. So typically we knew Getty's its settlement as a minor. It's typically held in trust. I don't know the terms of the settlement but I'd be hard pressed to imagine some homeowners policy. That was working on this didn't set it that way because your minor. We had a dog bites so if that is in fact the case and you probably have velocity should parents for breach of a fight you shared duty now here we go with suing the. Parents again big words as an idea current army well let's because there's people are holed soul will extend into the 9 o'clock hour wind asking attorney are in the house counsel and you'll answer all of your questions coming up. No more error is here our in house counsel and it is an extended ask an attorney segment were blaming the Mass Pike traffic for that so you can call or you can tax with your questions and get your free legal advice. Vitally techsters says this could be the best segment ever we have some good some really interesting questions today let me get one off the tax line. Off the text of time in which says I can't believe what my boss just hold me. We have seven we have seven people working here and two bathrooms. I was told. I can't use the bathroom that is clean because I'm too fat. And the toilet seat loosens up when I use it all do I have a discrimination. Case here. New England that lots how. As damaging to as I actually lawyer. Is there was a very nice I've only is it is there discrimination. Case I don't know maybe I'm being obese is it protecting class yet all but that are fortunate that it. It's good news just maybe this would if you get some psychiatric counseling and help and maybe we haven't negligent infliction or intentional infliction of emotional distress. I'll hop are so so go get some cal would try to get creative here and say it really hurt your feelings and and you can come back later and yes I even get a trophy in this case if it's so much hate you might. Here's a 978 taxed I believe that my daughter. Is not actually mind. She is fourteen years old what can I do about this well the answer is nothing. Milky nothing nothing even if it's not the seat of your own points makes no difference in the Commonwealth of Massachusetts if you signed at the voluntary knowledge and a paternity in the birthing suite. And your name is on the burst that it has been so for a period of twelve months from the date of birth. You can't get out of you're charging it and if they like to donate says he and improve and even if they DNA test you really it is the mailman is child right really OPEC one. 10 wow let's see artwork here's a 617 text I work Monday to Friday 7 AM to 4 PM. Sometimes. My work tells me I need to change my shift and work second shift or third chip the day before is this legal. So there's a difference between what's legal and what's acceptable. You know and I feel like we get confusion that some of these questions we actually. Is it legal yes it's it's legal unless of course you have some kind of a contract that says this is your shift and he can't change it now which I I doubt. They can tell you what shift your working is it fair is it equitable and not with the on that one. Right but they're getting into retail all the time. You close an opened. This is Jeremy Jeremy Iran asking attorney. Iowa at Iowa which isn't very is that Germany Jeremy. Jeremy yeah I he had ample where outright. Well object a year years and putting it all the time on your jammies why. You know his own says what's generally don't let's underground at my place my beautiful. Excellent well. You know this is gonna divorce question I I don't know. I don't know not at all we love it if that's so sweet if she's beautiful it will be Sunday because I guess that's what does your jammies ask you this Sanofi gives nuts back out of room for us. Yet. Yet no. A like free next year ago we had we got a vehicle from. I'm one of those leaking pre K so he went quick 800 dollar. Down payment on it. And then immediately Cindy's. For the card each day we went. Let's go to the car ready at the quality of hate the car ready yet each day we did it for ten days after the ten days. They all are ready. To meet you sign a contract my weight training. And the contract. For the cause of the 101000 dollar car. And let the encrypted with like fourteen past week figure three happy years. Acting in 408 dollars a month for the car we would and that paid out. Track at the years but it really is scary thing you know we we think that we get their act of six months ago we have. Army to be honest I feel like the car will be paid off before the stories that. What is it what is the question for asking my attorney. I'm tired OBI yeah I'm good at what the hell be injured the child at play there but the questions get a good look at life and I. It regularly get in the you know I so I'm in late. We act you know and I'm looking like they say they know exactly exactly years. Completely booked at the contract. The contract with 101000 for the car working with with wood in track and another. 101000 dollar content in between two. OK all right so he's saying that some hidden fees and things in context out of network via the contract before he's on the contrary it so so that contract is signed. Whatever is in the contract is in the contract now to six years statue limitations to suing for breach of contract. Both with three and a half years into something that he signed. My I don't think Jeremy is gonna have a lot of luck saying he didn't know right. Shooting pain in the payments. 617 tax. My wife and I went to a spa resort on the cape. Parallel puddles and bubbles are off until I ever. Wearing. Where we got a massage and the my licences told us that it was over. And to take our time getting up and coming out both of us started to get things together and within two minutes the masseuse is barged in. And we were both still make it leaving my wife and I shocked. That's awkward. Awkward yeah expect paint me. Evergreen I'm not done yet we more or maybe it was you came a little bitterly. That's. What I'm about. There wondering if this is invasion of privacy and if they can go after the spa resorts on the case. So I'm gonna say it was probably an accident I'm not after the masters wanted to see unions bones. I know there was LP there'd be a threesome going on what is it that day you have. Poppy is a good sign of the company of the massage places each and jeers. But you you you might expect they're come back here by I was thinking more like symbols. No doubt about that against. But they don't let you know the safe thing is that the toilet guy you know maybe have a negligent infliction of emotional distress if you've gone to a psychologist. You having terrible nightmares you can't eat your stomach upset but. It sounds like. It sounds like you just have an embarrassing situation. It is 912 and this is asking attorney was our in house counsel. If you buy a house. And it fails inspection can you go after the previous owner. I'd you should go after maybe your lawyer. Oh you shouldn't be doing inspections after you buy the house yeah that's so there's problem number one. Problem number two days that once she recorded. By a legal term public doctrine of merger. Which means that purchases as it goes away and then you only get the six covenants that. But home inspection. Caveat emptor buyer beware. Have those darn prior to your closing and you recommend that everybody gets 100% part of reputable home inspectors out there are a lot of people contract and when there you know and you should also bring an electrician plumber. Here's a quick one this person says. I used to get paid weekly my new job as biweekly to I need to go to court to change child support every other week. You know sold fewer through the department revenue and can't you do you'll have a lot of say and changing. And today and he wanted to do it in any idiot okay look up. I come in. Next to aqaba alcohol part where bill DR. Yen. Massachusetts. There's actually 56. Weeks of biweekly payment yeah yeah you are you paying every two weeks straight deployed. 52 weeks and in the air traffic how you pay 56 times he did did do you warrant being out. They have they have the fifth. Friday. Well there are or there are four months I believe that you have a fifth week how real that doesn't change every two week payments. I don't know but did discharge they charge us. Extra Friday payments you know director of weeds you knew we weren't getting through this tour is now legal question for what I think Niagara Falls right what are gets a little testy when he got a 1000006 at all object what is this d.'s should he go back to deal on that now he's being paid by a weekly. So he's not after the deal I've talked here axe and see if she's gonna be reasonable if not in the orient you do that his complaint modification. It's pretty simple process but mind you you're going to have to probably and thing two weeks and pants verses and others. So immersed check you do have Mort. I'm here's attacks I am going through a separation would my fiance. And she put a GPS tracker on my trucks. I. Well not touch it it is a good thing you're going there. Preparation and you did not marry her let's start with that record what can I do about that so that is not legal if she had title to the car or her name was on a joint mission it's his he says it's his it's it's obvious statement called clean. So complex and Ellis and you can't do that and it turns at least department call okay. Kind of related question so the find my phone function on an iPhone right yeah. Is that the same thing if you keep track is someone where they go lake city she caught him cheating through that function is that still legal even though maybe it's like a shared account. Was so it is you just to hit the nail on the head to use it to your question. It is a shared account so you can do you. An iPad under someone's seat with find my iPhone turned on. Let. Us get jobs everybody can now we have a political posts asking questions get a nice aesthetic quietly don't courage and Larry we've. Yeah this segment entered your house and our staff our wedding florist took our deposit and is now ignoring us. Can I take them too small claims court and if so can I get reimbursed for lost wages from war. I'd they're lost wages is going to be a problem but you can't take in the small claims court assuming years union flower orders and a seven dollars. I assume you haven't had your wedding so maybe there's chances to gonna do your flowers but I would do the old fashioned thing get my card dragged out of the forest. Walking and have a conversation yeah all right start selling. Do most people represent themselves in small claims court. I would say the answer to that is yes it's a very easy system you know there's a form you fill out it it's basically yeah. Your name is you put your name wears his name. The defendant is and you put their name so there's not a lot of heavy lifting it's a one page form. And you gotta take it to the sheriff's department have served all the dates are on the Foreman and you get a court the farm on the small claims that district court clerk's office. You go win it's the rules of evidence someone apply. But you're not before a judge your before clerk magistrate. They make the decision in your case you don't like that you have an appeal to the district court. I easy process set up that way so the don't need an attorney. You know you attorneys say the person who represents themselves as a fool for a client Smith. This then there's none that I've been over there got my hand in the air with his. Low. Yeah all of which Larry yes. I'll usually outside I was hallucinating. And I are proud that our resident I they are saying individual. Or didn't she get a soda but I guardianship or conservative. My own just not by cleaning out their sought closet about drugs there's the clock left Iraq mother bear there are no drugs are closer Sloc. I got a life insurance policy there when I go. However it now and he will make a ton of money should be fun. My boss is verbally abusing me every day can I secretly secretly record her doing business. Now you would be violating the federal wiretap statute you would potentially subject yourself to promote charges. Now having said that if for example this is that in your home you have assign your home decision be video and audio recorded when you lock in a different story. Putting your office ice from the you know only this is no such sign exists so you will be committing a crime if you do you cannot record anybody without their permission right only voice only the voice that you can end. Do the video you can do the video aren't their State's players that are there are states that are one party authorization right like Massachusetts the two party state with audio recordings that the federal natural kind of refer to so which covers all fifty states acquire certain states that you have exceptions to this occur if for example if it's. Let's liken it to be too complicated. Complicated. It's a complicated statute quit the answer is no you can't. Here's an nines and apex I've been married for four years. But I've been taking care of her for eighteen. She's barely work throughout any of these years if she is cheating and I have proof. Will she still get half in the divorce she will get half in the divorce. It can actually be a little bit worse for you my friend because they knew alimony reform statute in the commonwealth. Which isn't so new anymore. Says that a judge can look at a period of co habitation prior to the actual marriage so. On its face. Just taking an alimony claim for example because you're under five years the term of general term alimony is 50% of that. So on spaceship two years of alimony exposure however. Judge could go back in turn your marriage into a 22 year marriage being you could pay lifetime alimony award you my friend need an attorney. Yeah Arnie Roche dot com it. I don't know what I'm Ivan yeah everything army career and I just think. I get to the bar a hockey should and I wanted to make out of the United States. That's. But see here's the texts do I have to tell police officer if I have a video. Slash audio dash cam during a traffic stop. So that's a little bit different the camera is visible. I'm you can you can you can record these things you know a lot of people turn their their phone on in the video on the get pulled over these days. And China right police officer. I don't have a problem with that as much as the previous collar secretly taping her boss. I served jury duty for three days I gave my employer copies of all of the paperwork before and after I served my employer paid one day of jury duty. And then used vacation time that I have for the other two days is that right. So the last time I looked at this in this is you know admittedly not a question that you get every day. Employers amassed users don't have to pay you for jury duty I don't think there's money in real ways innings Alda. Now if you have a contract for or an employee handbook that says that they willed and that's what's gonna control like that typically now. You know restricting what being a witness for trial so I was gonna subpoena you use our repeat crime or an accident you command. The fear like that I knew that Michael Peterson was guilty right so slow all Elaine Catholic okay ethnical. Are so EE you get paid on the summons is my point so when you get a summons to appear as a witness. Eleven dollar fee whatever it is these days. But you know to pay by about what you don't have to be paid by your boss on this is Michael Mike. Mike. Yeah I did it without you on turning to our yeah yeah burst got you guys shoot back. Also very didn't say yes he settled every one of these cells is not a legal information is that's. It's awesome there was this I appreciate that. Liked my question is that I'm not currently. I was in the car activist and now I'm re unified medical treatment. It and you the picture is probably what is saddled with you. And so now they want me good them all my medical records are the law might look medical lessons everything. Going that I have no love Google now. So eat what you you have to do if you're Smart is get an attorney and I know people get afraid of attorneys and now they take a third news continued Sify and all that good stuff but the reason that that happens is what you're talking about right now somebody that knows the rules of the game certainly these skilled in the art of negotiation. Somebody that worked with the insurance companies in the past. As somebody that understands how to how to get the most and that in the largest settlement. Now that's stitched that's the law audience in the short answer is you're going to have to provide and your medical records for the actual. They Ares a there's a strong probability that it used sued they would probably get. Several years prior to that to make sure that you have so template you get an accident the bad back. They want me treated you know disk surgery your low back two years ago so that's what they're trying to do used to determine if there's a preexisting condition. Which they can minimize their pay so. They're gearing up to paint you lasts you need to gear up to fight. In eagle there. I just found out here's the ninth symphony text they just found out that my employer. Has been recording all of our conversations. In the work van is that legal. I'm gonna go with no on this one okay. I would wanna look at your handbook I wouldn't want to look at the truck this year is anything in the air but it gear it's a seeker according to seek records are really doing that kind of harsh there yeah. Still every dime on his team now it's ridiculous. Rate he's easy to do apparently everybody. He finally would like dark who ought to put themselves through hearing what your employees there say about it does that bag of cash stared you know that the better question news with a child and yet your children in the car recording and would want to listen. Yeah exactly. Alexy. My company doesn't offer sick time when I call out sick they take it from my vacation time is that legal. Well I I didn't want it to change doubles last change in Massachusetts you have to give additional sick time and lead you to know opening you don't have to get sick but it. You know you know I do I don't do a ton of bats that stuff plus stuff via that's kind of specialized field you know and of the generals on the apple. I would say this at the end of the day if they're not giving you sick time and are required to. Then you don't get paid so what they're doing is they're taking your vacation times you get a full weeks. Not so the question is you wanna get paid for five days that week or four days. And it's still the recording in the van everybody's texting and isn't that what you were talking about earlier a violation of the federal wiretap that's that I said yeah yeah. This is well hello well. I have a question about ten years ago. I'm out of unemployment. And about a year ago. They are gonna receive a letter from the states saying oh we changed our mind we want to risk it all back at Leo. So you got an employment you were given unemployment and then they sent a letter saying you have to pay it back to so I added this particular mine in federal Howard. Which in my amateur remember. In his was ten years ago. You know anger when I received. And they're saying now ten years later you gotta pay back. Yet it doesn't make any sense to me on the desk and does yeah you sure your pain the state back yeah Pena and our guys are all our cardiac who's using your that he doesn't think you are there I don't. I get letters all the public caught up in a letter as saying okay who is in his power book interest unmet so. I was more. Well did you did you work warrior on unemployment kids you know somebody Solio and they kind of. The only other now be your employer appealed the decision and you didn't show up and they overturned it and I've seen people that had to pay back. That situation really at that typically happens after you know three and nine months as he appeals process is relatively quick the new line Massachusetts I know this I was correct. Says you must give an hour's time for every forty hours worked. So that is Newble and even Larry the lawyer at currently it's yes that's I did just thought of myself and their purse. It's one hour for every thirty hours were thirty to forty per year OK up to forty of the 48 hours or I. And Nancy no at all yeah I get an early authority 3530. Married. Alone neck. OK with that on Greg what's. All I got a body that first loans started I think I would never buy it. I got a bloody moon vehicles. About a title of and you've got to build Bailey got everything. Is documented. Text messages say that there is everything. He bought the car without a title in hopes that as it was written on the door bell that you. Feller word payoff is lean with the check that he received from my body. And then received. Released titles from his day trying to and then bill my buddy Dallas in the beginning of February. And it is done nothing he he doesn't like run around her text message though yeah yeah yeah so way art that's not the bank hasn't released yet. But it's been too long now so why can be done about that how does sound like how does that work. Your friend should file a lawsuit against this seller of the vehicle for breach of contract. Having said that it's not a Smart move by car with a title you know I mean the first question that I would have you know that the person that soldier of the cars the owner of the car. It might be hard rock while the other the other problem is of the guy wants to come take a bat he just come gather especially if your friend bottoms and it didn't owners. Here's the text from someone who works at the MB TV. And this 617 tax. And they want to fingerprint them for new time blocks and they legally do that. Yes if you want your job. The Commonwealth of Massachusetts doesn't make a lot of mistakes when it comes down to that kind of stuff I mean and the attorney general on their team they have all these legal departments on the team's so so they're asking unity fingerprinted for time locks they probably have vetted Dayton. Yeah I look I understand why people don't wanna get fingerprinted in today's day and age I ate. I didn't get a gun permit for many many years because of that fat but. I one last question for asking a turning our in house counsel Larry army junior police shot. I'm good morning. I wanted to actually had bought a house brand new 2013. And it was you know much just don't play well in the day it was done. And now they concrete is acting in this or not the wall. And I just want to see if there were some liability it would be considered negligent on their part. Almond like Sudan where it's passed a statute of limitations at the point. So I'll say this typically when you buy a new home you get a builder's warranty that lasts for approximately twelve months sometimes car concrete foundations go for a 24 months. Problem you have is a you don't prove liability in this case it could be quite costly. There's a lot of reasons the foundations crack could be number one that the concrete company didn't have the right PSI a strength concrete there could be the BOB walked. Near it would be Al. How can anybody that could be that the brown honored and let's go to the sky. So really it's a really hard keys to I'm looking at a statue limitations it's gonna expire at some point in time next year when you about it so. He might wanna talk to an attorney but I will tell you this the giving up to about. All right well listen good stuff that's all in all it's riveting so interest in the law law it's that it's that it's the law and it's Larry army.