r/AskLawyers

[Located: Upstate NY] Ok so this one is more so out of curiosity. I am 21 and a US citizen so I'm not trying to do anything illegal. But is there a way for me to legally change the year of my birthday to make it day I was born in the 1800's like just for funny so it looks like I'm a vampire or something. After doing some research I found that in order to get an ID you need a passport or some other documents with the info on it. But I also saw you need other documents to get those documents to get an ID. Theoretically is there a loop hole here that could make it possible?

My husband is a new Lyft driver in Broward County, Florida, he is a Hispanic male, 40, knows English but mainly speaks Spanish, and this happened to be his second day ever driving rideshare.
Two male passengers in their 20s ordered a Lyft, got into his privately owned vehicle, and secretly recorded a staged prank interaction without his knowledge.

During the ride, one of them sprayed a commercial “fart spray” / chemical odor product inside the enclosed vehicle to provoke a reaction for their prank content. My husband experienced nausea afterward and the smell remained in the vehicle / on him for the rest of the day. Lyft ended up covering the cost to clean his seat because it smelled after and he could not keep driving after the incident.

When my husband told them to get out and effectively terminated the ride, they refused to leave and continued escalating the interaction. My husband said he would call the police and one guy got out of the car. My husband then exited the vehicle and repeatedly told them to leave and told the one in the car to get out and that he was going to call the police. They taunted him, including telling him to go ahead and call the police and saying racist things to him.
Later, we discovered the incident had been posted on TikTok on a prank/social experiment account. The video shows my husband’s face, voice, and reaction.
They did not include their racist/homophobic statements in the video they posted online as it was composed of highly edited clips.
The account appears to post similar prank interactions with strangers.
Lyft only initially issued a cleaning reimbursement, but the broader safety/privacy issue was not fully escalated yet.

Questions:
- Does Florida’s recording law potentially apply to secretly recording audio/video in this situation?
-Could intentionally spraying a “fart spray “ substance causing nausea in an enclosed vehicle support battery or another claim?
-Does refusing to leave after the ride is terminated create trespass issues?
-Does posting his identifiable face/voice/reaction for prank content raise privacy / right of publicity concerns?
-What type of Florida attorney would be most appropriate for this? We do not have much money unfortunately.
-Is this a huge waste of time and effort? It feels wrong that someone could just target any uber or Lyft driver and do unpleasant things to them for content.

Location: Fort Lauderdale, FL

TN is an at will state. I voluntarily left my job April 29th. Due to ignorant and disrespectful new ownership. No notice. I was deactivated within 30 seconds of then receiving my notice due to them being upset as I ran multiple stores of theirs. That means my payroll is deactivated, so they had to cut me a paper check. They chose to mail it. For some reason it was retuned. I am on day 21 of not having my check since leaving. I have asked them to cancel and leave a new check at a location where I can pick it up and they have refused and placed the responsibility of finding my check on me. Not having my check in a timely manner has put me at risk of losing my vehicle. I also have a screenshot of where prior to leaving I had put in for a time adjustment request as I showed up earlier than scheduled for a deep cleaning task. They denied the request. How do I proceed? Thank you for any information!

I am wondering if this is an illegal act or just incredibly immoral. If it is illegal, is it worth fighting? Or is this common and one of those just suck it up and deal things (highly doubtful).

Thank you in advance for your help!

We live in Utah.

Shortish version:
My man recently got his CDL. He was then hired by a local company. They went through the entire process of hiring him, social security card, drug test, medical exam, etc.

When he went into the office for his first day he was forced to sign a “contract” or leave, in that contract it states he is not an employee and this is for “education”. Until after he passes their testing.

Our biggest issue, they are ONLY paying him per diem. No base wage. No hourly pay, no overtime pay, no mileage pay. Nothing except per diem. They also state that the per diem is only valid if he is driving for at least 8 hours in a 24 hr period.

It’s been about 7 weeks now, he was supposed to be able to test this week but they just extended his “education” time by an additional 60 days. He feels like he is ready to test now. We both feel that he is being taken advantage of.

From my understanding isn’t it legally required to pay employees for “on the job training”? Which this is, they are just calling it “education”.

The extra details and questions:

My understanding is that per diem isn’t a wage. Is that going to mess up his taxes?

I’m not familiar with the trucking industry, is it common to not get per diem (long haul trucking) if you drive under 8 hrs in a 24 hr period because your partner drove or because you were waiting with a load overnight? Or is per diem paid if you’re out of your home area (by a certain distance) everyday?

This “contract” is all over the place and contradicts itself more than once. There are grammar issues, and spelling issues, (I’m not the best at either, so that says a lot that I easily noticed) there is also manipulation and intimidation.

It also never names the company, It does have the company logo at the top of each page, but instead of names we have “company” and trainee. it doesn’t have his name except on the signature lines where he wrote it in.

It is titled “Trainee Contract” Wouldn’t it be “student” if this is a school? :)

This started because he responded to a job ad, he interviewed for a job, he was hired for the job that he is being trained for.

When THEY say he is ready they will test him, and then move him out of “education”, give him a truck, and his own route.

The document also includes the companies policies and procedures. Another “employee” related thing.

There are a few times that they have added stuff that feels like they think just because it’s in there and it’s signed it makes it legal.

Example:

“The Company (they didn’t even put their name here) retains exclusive rights to interpret and apply the terms contained in this document”

This part made me laugh, I feel like they know they are breaking the law, but they think they are being sneaky about it by adding this clause.

indemnification and hold harmless clause:

“The Trainee agrees that if they breech any agreement, representation or warranty the Trainee has made in this contract. The Trainee agrees to indemnify and hold harmless the company, and its directors, officers, employees, shareholders, financial advisers, attorneys, and accountants against any claim, liability, loss, damage, or expense (including, without limitation,attorneys fees, and other costs of investigating and litigating claims) caused directly or indirectly by the breech. “

Aren’t most contracts more equal, where both parties would be held to a breach of contract.

One question I do have, does stuff like this hold up in court? Yes he did sign it, but does the law supersede his signature? Especially since it’s labor law related? Or is it one of those, if it’s signed, you’re SOL.

The per diem amount was also handwritten. No way to know if it is fair and consistent across the company as required. The rest of the document was printed.

Another issue, even though he was on the road and away from home, they aren’t giving him the per diem for all of the days. It’s off by a good amount. We are going through all the records to see just how much. Is this a normal practice?

Another thing that doesn’t make sense to me. He did the first 6 weeks (came home a few times for a night) long haul, the last week he was local, but per diem is only supposed to be for over the road.

Side note, he has been doing most of the driving with his team mate/trainer.

I did try to do my own research before coming here, and from all I can see it looks like this is illegal, and they aren’t the first company to pull this scam. I just don’t know if it’s worth fighting, or if it is in fact legal but a grey area.

Thank you again!

Location: Tennessee

Hi,

I have a question. I am currently on LTD with UNUM. They have tried to make me sign the authorization form to give them access to all of my medical records. I wrote them a formal statement saying that I am not giving them broad access to my medical records (which I am entiteld to) and that I will continue to submit what is required for them to continue to process my claim. They have said that is fine (though they keep asking for the form).

However, here is where I am confused. They are still requesting my medical records from each of my doctors that I had listed on my form (and my doctors are submitting my notes to them). I have looked back at every form I have submitted to UNUM and do not see anywhere where I have signed anything that says that I give them permission to request my medical records in any form they have sent me.

Did I accidentally miss something or accidentally gave them access when I made an account with UNUM or is it implied in the original form somewhere that asked for my list of doctors and therefore gave them access without stating it specifically on a form? Nowhere can I find (other than the authorization form I refuse to sign) anything anywhere that states I've given them permission to do this on any form I have signed.

I've not reached out to UNUM because I don't want there to be any red flags and I am not sure if I misunderstood something here, but I've uploaded everything they've asked for and they send formal letters to me asking me for the same documents they are reaching out to my providers for, which makes no sense.

So is there an issue on their end that they don't realize that I didn't sign a form and they aren't allowed to be doing this or is there something I missed where they are entitled to do that and the broad authorization form was for other doctors or medical records? It seems like they can request whatever they want right now, which defeats the whole purpose of me not signing the form.

Any insight would be appreciated! Thank you!

So basically the title.

Long beach CA , My Neighbor used to work for a large Aerospace company 10 years ago and is looking to start a civil/ discrimination case against them, he has gathered documentation he he can prove discrimination that resulted in his entire team ( mainly black and brown) getting dismantled and terminated after they secured a sought after Contract. Would this be more suitable for large law firms?

My husband and I are divorcing in California. He has a car worth about $10,000 and a 401(k) with about $20,000. He says part of the 401(k) is his "separate property" because he had it before we married 4 years ago. Is that true? What am I actually entitled to?

My very limited understanding of contract law includes 'meeting of the minds' as a fundamental requirement for a valid, enforceable contract, yet, there are oodles of stories in the recording industry where some 19-year-old innocent signed away vast of amounts of income and all rights to every future song and recording. Why are these all valid contracts?

I want to be a public defender myself, I was just curious of any personal stories you all might have to share. Being handed a case in dealing with sex crimes, domestic violence, or something similar seems like it'd be really emotionally hard for the defense as they'd have to face the victim in court.

What were those clients like whose cases really felt like the worst of the worst? How did you cope with it? Obviously everyone needs representation in court, but nobody said it'd be pleasant to be that representation.

This is a nonspecific question about the US legal system, but I'd gladly hear stories from anyone in the world!

Hi! I am a 20-year-old university student based in Vancouver, and a local agency wanted to hire me. I just wanted to double-check if there is anything that I missed out and whether this contract makes sense. If anyone knows about the industry/ has any relevant experience, please do not hesitate to discuss and give me some advice. Here is the main thing from the contract:

7. Model shall pay to Agency a sum equal to twenty percent (20%) of all monies, fees or other contributions received by Model, directly or indirectly, under all contracts of employment entered into during the term specified in paragraph eight (8), including reuse and residuals, whether originated by the Agency or not for modelling bookings, and 15% for bookings related to film/tv commercial bookings. The Model understands that Jager Management is entitled to receive from some or all clients a service charge or agency fee (“Client Fee”) over and above the fee received from the Model. In situations where the Model’s compensation includes the Client Fee, Jager Management is to deduct such fee from the gross compensation in addition to the Agency Fee. Model hereby grants to Agency a limited Power of Attorney to collect fees and monies earned or accruing to Model for all sources governed by this agreement and to remit to Model the net fee after deducting the aforesaid commission. This limited Power of Attorney includes the right of the Agency to deposit the proceeds in a general account prior to remitting the balance to Model. Model agrees to instruct clients, producers, advertising agencies and/or union office in writing on the face of all job contracts or on the release Model signs at the time of production to send all fees and monies due to Model directly to Agency. This limited Power of Attorney also authorizes Agency to sign Model releases on behalf of Model, and authorize reuse and residuals, whether originated by the Agency or not.

I’m unsure how to proceed and I’m looking for advice in Binghamton, NY.

Last night I ordered a pizza and some Stromboli from a local joint. Later in the evening I went back for seconds on the pie, and in chewing a bite, I found some metal strands almost like from a scrubber or a brush used to clean ovens or grills.

In my mouth I was able to separate it and spit it out on the plate and took pictures. But I did swallow some food from that slice and 2 slices prior in the evening.

I don’t know if I swallowed any metal. I don’t typically have indigestion ever and I don’t have it now. I don’t feel anything inside me cutting or anything. At least not yet. I’m trying to contort my body and eat more to activate my peristaltic smooth muscles to if anything is moving down to cause pain or discomfort so I can rush to the hospital if needed.

I have a receipt. I have pictures of the metal. I’m even staying at a friend’s house that has CCTV from the front of his house outside and common living areas.

I don’t have insurance, plus I’m outside of my state of residence, so I’m not too keen on just running to a hospital for X-ray unless I start having discomfort, pains, or indigestion.

I’m wondering if I should contact a local injury lawyer or go to the pizzeria first. I do want to go to the pizzeria just to document it first with them but don’t know if that can help or hurt me should I need something done medically or legally.

It’s a small pizza business that’s the only last standing business in a dead strip mall, and I hate the idea of putting some family owned small business out of business.

Thanks for reading. I await any and all advice.

Going through a divorce in California. My husband has always handled the finances and I don't know what accounts he has. Can I ask the court to order him to fully disclose everything — all accounts, all assets? Is this automatic or do I have to fight for it?

I have a manager who makes fun of people with mental health problems. She was laughing when a past employee tried to take him own life and I got a text where she was laughing at a customer calling her crazy. Is that enough evidence to warrant something with the equal opportunity employment commission? I told her in the past I have a disability but did not tell her it was mental health related. But I can’t help but find her behavior extremely off putting and wrong.

Just curious. I’ll read comments here saying lawyers that make $200k+ are not the norm, even in states like California. Then you’ll go onto TikTok or Instagram and see people posting videos of them practicing law and they have nice houses, etc. it’s not even influencer type of stuff, they’ll just be doing day in my life videos and they have a massive house or something like that.

I’m out here in SoCal and I’m 28, I failed life bad. I chose a terrible major in college, managed to get a 3.6, and then just took whatever job I could. I then got cancer and beat it but I’m left with nothing since I had to leave my last job due to it. Thankfully it’s all good now but I had thought about law school for a while and had been told by all my business law professors I’d be great at it but I just never did it. I’m still living with my parents stuck with the crappy jobs that barely pay $25/hour with terrible pay scales.

However, I just want to make sure my time will be worth it considering I’m way behind. I was going to work the crappy job while studying for the LSAT or I was just going to get my class A CDL license and apply to be a lineman. Huge contrast in careers but it’s the only thing that’ll allow me to be a sole provider in Southern California (since the women I’ve dated want a provider man).

I’d appreciate any insight you all have. I really wish I could go back in time and redo my life because I know where I got stuck and where my life turned but I have to make the best of it. I was thinking of going in Personal Injury because of the malpractice and negligence I experienced during my cancer journey and I’d want to help others that experienced either malpractice or other forms of injury.

Let’s say I know I’m 100% guilty. Why isn’t it perjury to knowingly lie to a judge in court in this one instance?

So a few months back I was arrested because the cops told me I had a clause that I agreed to that I was not allowed to drink at all from a prior dui years back which wasn’t true at all and when I went to court they had dropped the case and I confirmed with the court clerks that I was falsely arrested. I’m struggling to find a lawyer to help! Any info would be much appreciated!

Location: Virginia

I put up a small fire safe (keyed) on Facebook Marketplace. I had previously searched for the value which was between $25-$60 and listed it for $35. I added that price was firm - no haggling. I had several people who were interested and I typically go with first come. This was Thursday night and she wanted to come the next day and I told her I was busy and we agreed on Saturday.

My work was dead Friday morning so I asked her if she would like to come around lunch-ish and she said she had a couple of errands anyway and would come.

It took her forever to get there so I put the safe on my front porch. Bad idea looking back, but I left the keys inside of it. I kept doing small chores while I waited. I have an apartment in the back that I rent out and my tenant had gone up front to pick up some of his packages from the delivery box. While he was there, she showed up and he offered to get me.

She had backed her huge older model SUV into my driveway. And in the couple of minutes it took for me to put my paintbrush down and come to the front porch, she had loaded the safe in her backseat and gotten behind the wheel and shut the door, while only leaving a 20 on the porch. I will admit that this REALLY pissed me off. She knew the price was $35!

On the way over to her truck she started asking if I kept cigarettes in the safe twice, which pissed me off even further because it's another tactic buyers use to try to get the price down.

I opened her back door and took out the safe and hauled it back over to my porch. While I'm doing this she screams "Wait a minute, let me see if I have the money!" And "Ma'am! Do you have change for a 20?!" At this point I wanted nothing else to do with her. I was so angry that I ripped her $20 bill in half twice and threw it back in her window. I told her to get the fuck off my property. Those quotes are verbatim and you can hear them clearly on my ring camera video.

She refused to move so I ended up calling the cops. Long (already) story short, they ended up filing destruction of property against ME and now I have to go to court. They kept asking me to just give her $20 without ever offering to give me the ripped up bill in exchange. I was in so much shock at the time I didn’t think to ask for it.

After I had told her that the cops were coming, she had finally pulled out of my driveway and pulled her vehicle onto the street. I also want to mention that these 2 cops were SO young…definitely not out of their 20s.

The last thing that happened after they gave me the summons, was that they asked me if I had the keys to the safe. I checked inside of it and I said no, they’re gone. Then one of the cops reached his hand out and handed them back to me.

The whole thing was just really weird and I’m freaking out because as a rideshare driver, I can’t have any misdemeanors on my record. Rideshare is basically the only way I have to make money at this time.

I have no idea if the woman has to come to court either. I don’t know if it’s her filing charges against me or the county.

I am so sorry this has been so long. Any input would be greatly appreciated.

Can this charge even hold up?

What can I do to prepare for court?

was requested to do a job test that took me a minimum of 12 hours of labor. Then ghosted. In the “test” I created IP of substantial value to them listing out an entire strategy for growth and several original ideas. I would like to bill for this and attempt to collect. Has this concept been tested in court? New York

Going thru a DUI, results came back 0.00 for alcohol. My lawyer said they either didnt test for drugs or messed up by not testing. I’m just curious what this could mean, he didnt provide much insight beyond that.

Do lawyers request blood test results for alcohol and drugs separately or is everything included in the same report