Tuesday, May 25, 2010

I'm curious about holiday time in the USA...?

...In Canada, once you work for your employer for 1 year, you are entitled to 2 weeks paid holidays. Basically it 4% of your income over that year, paid out before or after your holiday.
After working for the same employer 5 years, you're entitled to 3 weeks paid holiday time. After working 10 years, you're entitled to 5 weeks paid holidays.
I've just completed 10 years this summer, so I'm taking 3 weeks now, and 2 weeks at Christmas time. I did live in the States many years ago, and nothing like this existed. Has the US initiated any sort of holiday plan similar to this, on a State or Federal level?
Answers:
jingoist richardz74 said: Our country gives incentives to work, not incentives to be lazy.
Source(s):
USA...Greatest economy in the history of the world.
******************************...
Man, what country with the initials USA do YOU live in. The one I live in, commonly referred to as America, has never provided me or anyone else I can think of an incentive to work. My incentive came from within myself.
There are millions, though, who do have incentives to be lazy. They collect welfare, food stamps, and (usually illegitimate) child credit. And they are rewarded with more welfare for each additional child they irresponsibly bring into this world.
You need a serious reality check, dude.
Oh, and to answer your question, as someone else said, there is no national policy. Each employer sets their own, and it varies greatly.
Actually, my company has that. Two weeks after a year of employment, 3 weeks after 5 years, 5 weeks after 10 years. My husband's company has the same policy. He's coming up on his 10 year anniversary there too! We both work for private companies, by the way.
No. We still remain non-socialistic.
Well, when I reached Vice President at the Bank I worked for, I got 5 weeks a year. I had worked for them about 3 years before becoming VP.
I don't know what Government jobs have in place in the US...
It differs by company. At my company you get 2 weeks until your 7th year of employment, then 3 weeks until your 15th year of employment. I don't know if they ever give out more than 4 weeks. The U.S. is far behind other countries in terms of vacation time.
the employer decides what the vacation policy will be. typically it's a couple weeks paid leave in the first through five years. it goes up to three weeks for five to ten years of service and at the ten year mark you usually get five weeks of paid leave. the business must compete. some employers offer more vacation time to lure workers. each deal is negotiated differently. even within the same company, a manager has the authority to offer the candidate a week or two extra pay to take the job.
I'm not aware of an official policy, but many companies have plans like that. Some of the more successful high-tech firms have had six-week 'sabaticals,' as well, on top of vacations - though the one I work for ended that practice before I came on board.
Our country gives incentives to work, not incentives to be lazy.
It varies with each company - with mine, it's 10 days for new employees which is pro-rated depending on what time of the year you were hired. And that is in effect 90 days after your date of hire. Year 3 they bump you up to 3 weeks; year 12 it's 4 weeks. This excludes national holidays, and personal/sick days
From the day I started I began earning paid time off for whatever days I wanted, up to three weeks a year. In addition to that, I get two weeks of holidays for days the office is closed (Christmas, Thanksgiving, 4th of July, etc)
Sooo... a total of five paid weeks off every year. And that's as an hourly employee who is new at the company.
There isn't a law about it in the US. Most companies do give at least two weeks off per year. (If they didn't, then most people wouldn't want to work there.) But some people would rather have less time off, and get paid more, and in the US, companies have the freedom to let them do that. Because our government doesn't force its will on businesses like they do in tyrannical communist and socialist countries like Canada.
There's no universal policy.
It varies from employer to employer.

Im confused is everything cleared?

i missed my court date on the 31st if i have a warrant bc of that and i go ahead and pay the fine will i be ok? will the warrant go away?
Answers:
Ask the court on what to do with your failure to attend the court order. You will more or less be meted a fine and you have to pay for it. You can be excused if you have a valid reason.
Ok, I found out that if you miss your court date:
1) they issue an arrest warrant;
2) they charge you with a new misdemeanor crime
3) they place a hold on your driver's license. The hold on your license then results in a DMV suspension of the license.

The new misdemeanor FTA charge carries possible jail time, and if you are convicted of the misdemeanor, it will remain visible on a background check for years to come.

Also because of the new charge, the bail amount (or full value fine amount) on the case increases substantially.

In order to solve the problem, it is necessary to address all three aspects.
Depending on the nature of the offense -- yes, in many cases paying the fine will resolve the issue.
Sometimes there is an additional penalty for paying it after the scheduled hearing, so check the ticket for details.
And if paying the fine doesn't resolve the problem, they should notify you.

Im claiming bank charges back what does the test case mean and can i still claim?


Answers:
Yes you can still put in a claim, but unless you can prove hardship your claim will be held up until the outcome of the test case.
If you think you have a claim you need to start now so that you don't lose out.
You can still make a claim but your bank will now hold this claim untill after the court case before making any payment, amount of payment will depend on the outcome of the case
Go ahead and claim. You have nothing to lose.
Get a template letter off the internet..just type in "reclaiming bank charges" and there are a few sites with info and template letters.
The test case is just one claim and the Banks are contesting it. If the banks win this test case then there will be no compensation. If they lose then every person with a "valid" claim will get the compensation. You should still put your claim in to ensure that it is on the record. Send it recorded delivery and keep a copy in a safe place. Best of luck.
You can try, but the result of the court ruling may mean thatyour bank will go to court and win, Try Martin Lewis's site for up to date, financial advice!
www.moneysavingexpert.com
have a look on GM TV website (www.gm.tv i think) - their financial expert Martin Lewis, tells you all about reclaiming your charges..and i wouldnt be surprised if you will find the template letter there too...its free. good luck!
Basically a few of the big banks have put a test case together to see whther bank charges are legal or not. The judgement on this case will determine whether the banks can get away legally with these charges and wheter people can claim them back.
Because the test case is happening now, the judge in charge has put a stop on claims made after he said so so the banks can ignore you and not follow industry rules on customer complaints until a decision has been made.
Once a decision is made, and assuming the bank charges are illegal then you can then claim.
You'll probably find what you need on this web site. http://www.moneysavingexpert.com/...
Actually you can't make a claim at the moment because they have all been stopped or put on hold until the result of a test case which wont be heard until about November or December of this year.

I'm being sued! Should I let it go to court?

I sold a car to this girl. It was sold to her "as is" with no warranty. The car had over 190,000 miles on it and a salvaged title. She was aware of all this and even test drove the car and was happy with it before she purchased it. Not to mention, she only spent $350 on it. She called me a few hours later wanting her money back saying it didn't shift, and I didn't tell her everything that was wrong with it. I drove the car every day to work and school and back and I had never had this problem. I offered to look at it and she refused to let and just wanted her money back. I said I can't take a car back that doesn't run after I sold it running. She is now suing me $350 for the car and $50 for her inconvenience. What should I do? How is my side looking?
Answers:
I would say she doesn't have much of a case. You sold it as is , she test drove it, and you sold it for a low price for the milege on it. The fact you offered to take a look at it may indicate your willingness to see if you could fix it. The fact she refused to let you do so is a plus for you. The law states Buyer Be Ware I'm not sure of the latin phrase but this to protects you . So , yes go to court, take any and all paperwork from the sell with you, and you should be ok.
YOU HAVE ANY PROOF YOU SOLD IT TO HER AS IS? A WITNESS? A WRITTEN AGREEMENT? YOUR CASE PROBABLY WILL BE DISMISSED. BRING SOME CHARACTER WITNESSES AND GO OVER YOUR STATEMENT. YOU GOT A 70 PERCENT CHANCE OF WINNING. COURT IS MANDATORY. BUT TALK TO A LAWYER JUST IN CASE.
I don't think there's a whole lot she can do about it unless she's under 18. If she threatens to take you to court, it's basically just her way of trying to waste everyone's time. If you have a copy of the ad you placed clearly stating "as is" it should strengthen your case.
I think you have a very good chance of winning this case in court if you have proof that you sold it to her "as is".
yeah sure go to court, your absolutley right you cant buy back a car that you sold running, that is now busted. you had an oral agreement for her to get it as is and it was running, yeah youll win go for it
If you're being sued.you HAVE to go to court. Just be sure to be prepared. There are "Lemon Laws" now, and if she can prove that there was a pre-existing mechanical problem, you stand to be in for a fight.
However, any judge is going to see that it is indeed..."a $350.00 CAR!"
These cases are always a "He Said-She-Said" deal, and it's impossible to even guess what the outcome may be.
It's going to be up to the judge's descretion as to whom he/she thinks is most truthful, and if the girl is full of it, most judges can sniff it out.
It's what they do! Usually.
Good luck.
Nad
You have a pretty good case. Just tell her that you can look at it and see what is wrong. Used cars are almost always sold as is, so even if you don't have a deed of sale, it shouldn't be hard to convince the judge that there was no warranty. (Since you aren't a car merchant, there is no implied warranty). She's probably just trying to scare you. Let her go to court if she wants.
Lemon laws only apply on vehicles with under 100,000 miles on them so that will not be an issue.
Having it only a few hours and having a problem could be an issue...it isn't like she was driving it for days, weeks or months and then came back indicating there was a problem and wanted you to fix it, it was pretty much immediate.
She didn't want to give you the opportunity to look at the car and possibly correct it, so that is a point in your favor.
However, the big problem on this is the salvaged title. If your insurance company determined that your vehicle was a "total loss" or the word "Salvage" has been stamped on the title, it is illegal to operate this vehicle upon any road, unless it has been rebuilt, passed Salvage inspection and may need to be re-titled.
The insurance company is to notify the DMV when they declare a vehicle "salvaged", but sometimes things slip through the cracks and that is why you have been able to get it registered with the DMV when you really should not have been able to.
Just indicating it is "AS IS" is not a good enough of a catch-all to sell her a car that is not legal to drive and she can't get plates for.
You need to make a bill of sale stating the vehicle is sold as is, or your rights are not protected.
If she test-drove the car with you, and it shifted okay then you might be all right. Let her sue, the worst thing that can happen is that you get your wages garnished until you pay off the judgement, and that's no big deal.
Do you have any kind of contract or witnesses that heard you explain the car was "as is" If you do, definitely bring it/them to court. The outlook for you looks good. The only kind of problem I see is her saying she was unaware the car was not in good condition. But a salvaged title and the amount of mileage should of tipped her off. I really believe they will favor you.
This same thing actually happened to me. When I was in the military, a co-worker of mine had just gotten married, needed a car, and I happened to have two...so I let him borrow my older car free of charge. Nice of me, right? They drove the car for about a month, then offered to buy it. Ok, I said, fine.
Then, right after they bought it, the wife decided she didn't like it, and tried to go to court over it (I had lawyers calling me).
I went to see a military lawyer, and he basically laughed and said these kind of purchases are "as is", there are no guarantees, buyer beware, etc.
It never went anywhere...I would be surprised if this even goes to court. If it does, it would be small claims. Then you would have to go defend yourself, bring your witness, and any other character witnesses that knew the car and you.
Bottom line, they don't have a case.

I'm being sued for a med bill,I just got a student loan and now they want to take that money, is this legal?

I am a full time student and am unemployed, I owe $14,000 and fully intend to pay this as soon as I'm done with school and have sent a letter to them stating my situation. But I just recieved the subpoena and I can't understand half the legal jargan they use, all I could get from it is that they know that I recieved the student loan and are threatening jail time for non payment. I don't know if I should get an attourney or just file bankruptcy. If I lose my student loan I can't finish school, I'm freaking out! help! thanks all
Answers:
I'm a bit shocked that you received an actual subpoena - are you sure it's legal or is it just some collection agency trying to scare you? In either case, if you owe money it's your responsibility to work out a plan with the person/place your in debt with. You can't just decide you're going to pay it off... someday. If the subpoena is real, then consult an attorney.
It depends largely on the state you're in, but I am fairly sure no matter where you are, that they can't put you in jail.
I would seek legal council. I don't think they can do that. You can be jailed for failure to appear in court. But as far as garnishing a student loan I am almost positive they can't do that.
I wouldn't file bankruptcy. I would talk to a lawyer first. Most times hospitals get the owed money back as a tax write off.
Just get a job and send them $25 a month. They can't mess with after that.
In most situations, the worst they can do is put an adverse notation on your credit report. If you call a debt counseling service, they can almost always intercede on your behalf and negotiate with the creditor (i.e., the hospital). If you refuse to pay, they can sue you in court in a debt collection action. However, if you retain an attorney and explain the situation, the judge may allow you to keep your student loan money. You should look into low-income legal services organizations that represent people in debt collection actions for free if they are below a certain income threshold.
You didn't say where you are located but if its the US then you won't be going to jail over non-payment of a medical bill.
BTW, were you served or is this just some document claiming to be legally binding? Sounds like the typical lies of a collection agency.
I know what I would do.
1. Pay my tuition right now.
2. Write a letter to the source of the threat informing them that any further contact will be considered harassment. Get delivery with a signature and save it in case they keep bothering you.
If it is a hospital..see if they have patient assistance help. you will not go to jail,
No, they cannot give you jail time for an unpaid bill, but they can take you to court and demand payment and a judge can set an amount. Since you are not employed and only living on a student loan, I doubt they can take it since it is only a loan and not a source of income to garnish, such as a paycheck. I would send them what you can a month in the form of a money order and keep the stub from it. Even if all you can afford is $20 a month, it will show the judge that you are making an attempt to make a payment towards the money you owe if it ends up in court. If the place where you owe the medical bill refuses to accept your payment just because it is small, that can be used against them in court and they may end up with nothing. I would also contact an attorney if you can or call legal services just for advice.
let that attorney look at that letter and he can break some that
legal mess that in the letter and he can tell you what can happen.
Hi There,
No , No and NO.....They cannot take your student loan , They are "Bully" want you to paid they want to scare you and they did.. You can ask for help graciously , You have in the States different organisms that look after those matters I do not know their name but try maybe legal Aid or look for a Society that arrange debs ! They will help and advice.. Good luck
They are threatining you. A med bill cannot have you put in jail. Get a lawyer
You should move the United States where people don't go to jail for nonpayment of medical bills.
Number one, you can't be jailed in the U.S. for a debt.
Take this so called subpoena to your local courthouse and ask a clerk to let you read the file on this case. I suspect that what you received is not really a subpoena. By checking the court file against the number on the subpoena will tell you a great deal.
BTW, was this "subpoena" served by a police officer/deputy? In most states these have to be served by law enforcement. Some states do allow private servers, and there are businesses that do just that. Or did this "subpoena" come by mail?
Sounds to me like this is an aggressive collection agency, nothing more.
You received a subpoena from someone threatening to sue you? As summons is what is used to serve notice of suit on a party being sued. A subpoena is used to make a witness appear to testify either at trial, a hearing, or a deposition. Were you served by a process server or did you receive it in the mail? You are supposed to be served (in some form - the requirements for service vary by state).
They are threatening to jail you if you do not pay? That violates the U.s. Constitution - no lawyer should ever send such a demand.
It sounds like a collection agency just violated the Fair Debt Collections Act. Consult an attorney. You can find one at the link below.
I'm an attorney

I'm being sued for $80,000, should I file bankruptcy?

You don't understand, we're living paycheck to paycheck as it is. We do not own a home. We have no assets to seize.
(if you'd like more details on my situation, read my last ?)
If the insurance co. wins this lawsuit against us, we are so screwed. If they garnish my partner's wages, we'll be homeless. We have two children to support as well. Any advice would be greatly appreciated!
Thanks.
Oh yeah. If we did file BK, do we do it now, or wait until the suit is over?
Answers:
Bankruptcy covers any debts etc. which are current. It will not cover anything that happens after the date you file. Therefore you must wait until after the suit is done with, and if there is a ruling against you-then file. It will prevent your debtor from collecting.
Try arbitration.
Wait until the suit is over.
http://rds.yahoo.com/;_ylt=al1qtgn70bgui...
Welcome to the Legal Information Institute
Filing Bankruptcy will not relieve you of a civil judgement.
It wouldn't matter if you filed before or after you lost the civil law suit.
You would still owe the money lost in the civil judgement.
Why didn't you have renters insurance ?
To win the law suit, you would have to prove that the cause of the fire, was not your fault, IE: bad electrical wiring etc.
If the cause of the fire was your fault, matches, lighter, candle, etc.
Then you should have to pay.
idk what the law is but you should suck it up and pay what you owe...

I'm being sued by credit company...what should i do?? HELP?

I owe this credit card company 3 thousand dollars and i they send me this letter of summon to go to court...they say they are going to sue me.what should i do..what can i do??
Answers:
The only way out would be if the time limit based on the statutes of limitation has expired: usually like 5-6 years from the time the debt went delinquent. If not, there's no way out. You'll have to go to court- most likely an arbitration hearing- and negotiate settlement terms. After that, a judgment will be passed against you and you'll have to make regular payments according to the settlement terms until the judgment is satisfied. Good luck.
Get a lawyer.
pay them.
and stop trying to ignore them.
they would not have sent you the summons if you had sent them money.
Stop dodging them and make arrangements to pay them. They are taking you to court because you have made no effort to pay your debt.
If you are having trouble paying your bills, take a look at Consumer Credit Counseling Service. I have been a client for a couple years and they have been great. Check them out at: http://www.cccsintl.org/
Hire an attorney, or pay them off.
The attorney will probably cost at least $1,000.00, so you may be better off negotiating a settlement with the credit card company. As a negotiating ploy, you might mention that you don't have much money, and are looking into credit counseling and bankruptcy as alternatives.
get a lawyer asap!!! and pay the money
Hurry and try to settle out of court for 1/2..otherwise if you go to court and they get a judgement against you until you pay you wont be able to buy a house or nothing major.
 

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