EdWahoo Q&A - Recent questions and answers

Answered: Problem with a cat

Wed, 31 Aug 2011 18:48:23 +0000

Have you tried closing the bedroom door? Making sure, of course, that no feline ninjas lurk beneath the bed or behind the curtains or…well, just clear the area and secure the perimeter. Don't forget to equip yourself with high-caliber earplugs.

Or you might try bribes. Cats are suckers for snacks. Try to find one that doesn't smell too much like aged tuna, and keep it in a secure location. Do not—repeat, do not—keep kitty bits in your pocket. Cats will climb you like a tree.

Catnip, strategically stashed in, say, the cellar, could keep them zonked for minutes at a time. Long enough to hit the target? No wonder she's got cats!

But these are merely battle tactics. The first thing you must do, PW, is get your head out of the kitty litter and see that cats are the least of your problems. Cats are not your enemies. Cats are your girlfriend's allies.

In other words, sweetie, what have they got that you haven't? Be honest. Do you have muscles of steel and (forgive the analogy) catlike agility? Do you have velvet paws and a tongue that rivals the Swiss army knife for functionality? Do you purr and rub her ankles, even when PMS makes her act—and look—like Godzilla?

Face it. If you can't outflank a few felines, regroup. Consider your strategic objective. As your advisor, Auntie strongly recommends that you pull out and set your sights on a new target. And for heaven's sake, go find yourself a girl who's allergic!

Answered: Which dive site is thDive sites around Phuket, Thailand?

Wed, 31 Aug 2011 17:52:53 +0000

I have been there several times and recommend to tahe Phi Phi overnight trip with MV Greta. You will get total 7 dives, Anemone Reef, Koh Doc Mai, Shark Point, Koh Bida Nok and Koh Bida Nai included. Also you will get a fabulous night dive at the Koh Phi Phi Don and if lucky, one dive with blacktip sharks at Maya Bay.
Check out Similan Islands and Hind Daeng/Hin Muang as well if you have more time.

Have a great time during your Phuket trip.

Answered: Changing a Name on the Cheap

Wed, 31 Aug 2011 16:59:24 +0000

If one is 18 years of age or older, the least expensive way for one to change one's name in California is by the usage method. This is as simple as it sounds: You use your new name in all aspects of your personal, social and business life. No court action is necessary. It costs nothing. And it is legally valid.

The key is consistency. You must use the same name with everyone, all the time. Someone who uses a new name in only one part of life has not made a legal name change. For instance, an actor who uses a new stage name only on the stage has not changed his name.

If you are under 18 -- as so many of you Web surfers are these days -- you must use the court petition method to change your name. This, in brief, involves filling out the correct paperwork and filing it in your local court with the correct fee. A short notice stating that you are changing your name is published in a local newspaper. Assuming no one comes forward to object to your name change, it will likely be approved without even so much as a court hearing. The cost for this method is $185 for the court fee and between $40 and $200 for the publication fees.

Answered: Covering Up Those Telltale Roots

Wed, 31 Aug 2011 16:55:09 +0000

The truth sure to scare the most paranoid among us is that anyone with a modicum of sneakiness or a smidgen of determination can find out a lot about any other person.

But in general, if you have formally changed your name -- that is, you have gone through a formal court proceeding to change your name and it has been changed on your birth certificate, passport, and other official documents identifying you -- it would be difficult indeed for someone to find out your former name.

The cost to legally change your name typically runs between $200 to $400, depending on the fees charged by your local court and the cost of publication.

Answered: Elder Law: It's More Than Decaying Statutes

Wed, 31 Aug 2011 16:50:57 +0000

Elder Law is real. It is the term used to describe the practice of lawyers who cater to the special needs of older clients -- everything from age discrimination claims to grandparents' visitation rights to financing long-term care.

As the population ages, you will likely see more lawyers claim Elder Law as a calling. According to the National Academy of Elder Law Attorneys, a legal referral group based in Tucson, Arizona, over 15,000 Elder Law practitioners now hang out shingles nationwide -- more than double the figure operating five years ago.

Behind closed doors, more than one Elder Law attorney has complained that a big chunk of their time is devoted to giving advice to other attorneys. "We call them Yodelers," confided one Elder Law practitioner. "They always start out the same way: 'I've got this little old lady who …'"

I call them all Whippersnappers.

Answered: Wrong Name on the Warrant -- and No Jimmy Smits in Sight

Wed, 31 Aug 2011 16:47:42 +0000

The only time I'd let the cops in my house to search without triple checking the warrant first would be if the person holding the warrant was that handsome Jimmy Smits. I was so sorry to see him leave the squad; no one looked better in a raincoat.

But he pretty much stayed in New York -- and you're down in Georgia. You should know that although the warrant had the wrong name on it, the warrant and search connected to it will usually be upheld as valid if the police obtaining the warrant had probable cause to believe that the objects listed were on the premises noted in the warrant.

If you are sharing living space with others, the warrant can't be used to break into your specific living space unless that is specified. Rather, a warrant for the general address will only be valid for the common areas, plus the living area of the individual named in the warrant.

You can find the Georgia statutes by using your own computing machine. They are at: http://www.ganet.org/services/ocode/ocgsearch.htm.

As a general rule, search and seizure is regulated by the courts, since it is a constitutional issue. Your best research approach is to find a Georgia case -- preferably one decided by the Georgia Supreme Court -- that deals with the same facts as your situation. To do that, use Versuslaw [http://www.versuslaw.com] to do a key word search of the Georgia cases that have dealt with search and seizure. Versuslaw costs $6.95 a month for a subscription. Versuslaw has a nice help file. Also, Nolo's Legal Research: How to Find and Understand the Law will take you through a Versuslaw search screen by screen.

Answered: Juvenile Blemish Might Be Cleared

Wed, 31 Aug 2011 16:45:27 +0000

You are very wise to be thinking about your son's future. A juvenile record can come back to haunt even the most law-abiding, responsible adults. Many employers routinely ask about criminal convictions -- and some occupations are off-limits to those with past brushes with the law. Whether you will be able to seal -- sometimes called expunge -- your son's record depends on the law in your state. Many states do, indeed, allow juveniles to seal their records if the offenses were relatively mild and the juvenile has remained clear of the law for a certain time. I suggest that you begin with your son's probation officer. In some states, probation officers will work with their successful probationees to seal the record. If your son has been clean and cooperative, the chances that the PO will want to help will naturally go up. Even if the PO can't or won't help, you may get enough information so that you can do it yourself. And you could always go to a reputable criminal defense lawyer for help. But by all means, persevere. It will be well worth the effort.

Answered: Three Strikes, You May Be In

Wed, 31 Aug 2011 16:43:23 +0000

My advice to you is not to watch baseball at all. Such an ungainly sport. All that spitting. And scratching. And frankly, no one could look attractive in those get-ups they wear; stirrup pants simply cut the leg in a bad place. Oh. I just reread your question. Three strikes laws apply only to felonies. However, in many states, certain misdemeanors may be charged as felonies if a defendant has one or two prior convictions for the same offense or similar ones. To match your state law with your own situation, you will need to look up the statute in question and read it. If your state provides for harsher charging when the defendant is a repeat offender, the statute should have words to that effect.

Answered: Erasing a Painful Past

Wed, 31 Aug 2011 16:40:52 +0000

Unfortunately, you probably will not be able to get that aged conviction off the books.

If it was a federal conviction, you would be able to apply for expungement only if, among other things, you were placed on probation; from your description, it seems you were not. If the offense was prosecuted by a state, you have an outside chance of getting the record sealed; in truth, however, this seems like an extreme longshot, since the length of your sentence suggests that the offense was considered to be fairly serious.

Do not lose heart, however. If you have lived a law-abiding life ever since those bad old days, surely you can argue to prospective employers and others who are likely to learn of the conviction that it was but a youthful indiscretion. As America ages and reflects, there seems to be much more understanding of past indiscretions, if not current youthfulness.

Answered: Rattling the Skeleton in the Family Closet

Wed, 31 Aug 2011 16:37:18 +0000

The Dyer Act is popularly known as the National Motor Vehicle Theft Act, 18 U.S.C.A. Section 2311. Do not ask how I know that, although I do wish I could get something more meaningful to stick in my noggin. Like where I parked the car.

This law imposed harsh sentences -- fines and up to 10 years imprisonment -- on those who transported stolen vehicles across state lines.

I fear that your cousin was in good -- or bad -- company, depending on your eyeview. America's Public Enemy Number One, John Dillinger, noted for his way with large guns and for breaking out of theretofor escape-proof facilities, was also charged with violating this federal law.

I also fear that when I heard about your troubled relative, I knew where to go at once for more details: www.oklahombres.org -- an online site which purports to be "dedicated to the careful, correct research and preservation of lawman and outlaw history." So much more pleasant-smelling than unpreserved lawmen and outlaws.

Answered: Following the Bouncing Ball -- and Other Horrors

Wed, 31 Aug 2011 16:16:24 +0000

First, the law. No, first a true confession: I do not know the specific laws for every county in Idaho. But even so, deep in the back of the gut, this sounds illegal. Perhaps the best approach would be to talk with a city council member or a county supervisor; that will emphasize both that you have a problem -- and that it might be helpful to get a regulation on the books if one does not yet exist. Or go to the library and dig through the local ordinances.

It also sounds as if a safety issue may exist. For example, it may be against the law to play in the street or to place an object like the hoop on the street. The verbal abuse should be in an ordinance. It would be prudent for you to read up on anything on noise.

The kids are likely creating a nuisance under the Idaho law -- Idaho Code Ann. 52-111 -- by interfering with the enjoyment of someone else's property. They may also be breaking other state laws if the verbal abuse is severe enough.

In case gentler approaches fail and you decide to take some legal action, you will need hard evidence. Begin documenting the wrongs here by keeping a list of all that happens, when it happens and how often. You might want to snap a few pictures or use a tape recorder.

Now a realistic look at reality: Kids have to be able to make some noise, and we all need to be a little tolerant. If possible, try not to make the neighboring kids mad, or the trouble will likely escalate. As kids, we took delight in pestering Mrs. Crochett on the corner after she threw us heated pennies instead of candy one Halloween. But at the same time, neighbors should not have to suffer the loss of enjoyment of their own homes. Your best first step is to approach the neighbor kid directly and tell him how much the ruckus is bothering you. Suggest a different place for the games, while being aware that depending on where the hoop gets moved, the noise could be just as bad.

You may be legally entitled to call the cops and sue the neighboring parents for the nuisance their kids are causing. But I hate that. Try the more neighborly personal approach first.

Answered: Neighbor to Neighbor: Don't Fence Me In

Wed, 31 Aug 2011 16:14:46 +0000

Your legal stance will be different depending on whether this neighbor has already been using your property -- and if so, how long it has been going on. Note that if you allow someone else to use your property, that person can gain the right not only to use it but to the title. Each state has different time limits and different rules. In Montana, paying taxes on the property is a requirement for ownership, which might save you. You might reach the best resolution through mediation, perhaps deeding the strip for a price or working out a permission.

Answered: Outshouting the Neighborhood Noise

Wed, 31 Aug 2011 16:12:57 +0000

There may be hope for you. Most cities have decibel level noise allowances.

To check on whether the buoyant babes next door are above and beyond the allowable noise level, you can purchase a meter at a local electronics store. If extreme noise is indeed a concern, the meter will probably go over the top allowed in the local ordinance, available at the local library. Keeping a log of the noise, times and decibel levels will help put you back in control. And your log may also be helpful to the law officers; it may even be the one thing that gets them to handle your complaint with the utmost sincerity.

Let me forewarn you that the noise-o-meter results may surprise you. We writers tend to be Sensitive Types. I lost three days of work this week because of those flying Blue Angels divebombing my house in some kind of demonstration of how the pilots, even though grown up, still like to do tricks in the air. I did not resort to the tactic you take of yelling out the window -- an approach likely to risk contributing to the noise disturbance of others in the neighborhood, some of whom may also be writers. Not to mention how it risks compromising your dignity.

If your noise documentation attempts do not bring the quietude you crave, you might get relief through an agreement reached through a local neighborhood mediation outfit.

Answered: The Sin of Throwing Tomatoes

Wed, 31 Aug 2011 16:11:28 +0000

Oh lord, another bad church neighbor. They abound.

It is painfully true that when children wander onto your property, you can be liable if they get hurt. This is especially true if you have something on the property that attracts the tots, such as play equipment. But these children sound like bad eggs; they are trespassing and also doing damage.

It is hard to imagine a daycare center that is not fenced -- and the lack of a fence probably violates a local ordinance or two.

One solution would be to go in together with the church people and build a nice fence. But this really should not be necessary. The church should do it on its own.

The church needs to understand that the adults in charge could be in trouble. And you will need to begin thinking of your church neighbor less otherworldly and more like any other business neighbor.

Maybe the adults in charge are not as in charge as they should be and do not realize their charges are behaving badly. Explain the situation -- in no unmincing words. If that does not result in immediate action, You might need to scare them out of their boots. A letter from a lawyer to the church might help with this most effectively; letters penned by lawyers are often scary things -- and not just because of the commonly bad punctuation. You might also consider mediating the matter if cooperation is not forthcoming.

Answered: Bad Things Underfoot

Wed, 31 Aug 2011 16:07:34 +0000

Sweeping up leaves and berries, while often a pain in select parts of the body, is a normal result of the hazards of being a neighbor. The law will lend little clout to your complaint. There was one recent case in California in which leaves ruined a pool filter and the pool owner was successful in getting damages. But the holding was unusual and the proof and record of damages were unusually clearcut.

Your best hope would be to appeal to the neighbors' sense of decency -- and ask, perhaps, that they split the labor of sweeping in the interest of good neighborliness.

The matter of the buckled driveway is a horse of a different color, however -- and could well provide a solid legal basis for making the owner of the tree pay for the damage and cut back the tree roots.

Answered: Sappy Start, Happy Ending

Wed, 31 Aug 2011 16:05:07 +0000

No offense. But those needle nests sound rather dear.

Here is the legal story. In all the grand number of neighbor law cases that have made it to court, Illinois has not afforded sap and pine needle damage legal rights. In fact, it takes major, major damage to gain the attention of an Illinois judge. Probably more major than the sort caused by perfect nests.

You have done what you can by trimming the offensive branches. Do not cut down the tree. That could easily land you in court, on the wrong side of a lawsuit.

Consider the advent of the new neighbor -- one who has no familial sentiments attached to the messy pine -- to be a Brave New Beginning for you. Approach the new owner with an offer to have the tree removed. Perhaps line his or her palm with the amount you are willing to spend to stop this madness.

Answered: I Always Feel Someone Is Watching Over Me

Wed, 31 Aug 2011 16:03:10 +0000

Unfortunately, gray is still a trendy color. And unfortunately, gray areas still remain in the law.

Section 846.5 of the California Civil Code -- the bit of law from the book that was thrown at you -- contradicts itself in an odd way. Yes, the surveyor has the right to come onto the property without notice. But the law also requires that "the owner or tenant shall be notified of the proposed time of entry where practicable." An owner cannot refuse the right of entry; but a typical diligent surveyor would make an effort to give notice and is supposed to do so.

Sounds as if you have a lazy surveyor on your hands and your property. For your part, make sure you have done all you can to stop the unannounced madness by leaving times and numbers at which you can be reached for notice.

Answered: Homeowning May Not Mean Signposting

Wed, 31 Aug 2011 16:01:29 +0000

The answer to your question is that there is no definitive answer to it just yet. The political sign question is up in the air and in the courts. So far, there have been some court decisions allowing those in hub of homeowners' associations to distribute literature that would seem to set some direction for the political sign question you raise.

So far, disputes that have been resolved informally have been split right down the middle. Half have been resolved in favor of complying with homeowners' associations rules and remaining signless -- this, on the reasoning that you agreed to give up rights when you purchased as you did. But other tiffs have gone the way you infer; the rules have been trumped by homeowners' First Amendment rights to express whatever they darn well please.

Given the current climate and the number of these disputes gasping to be aired, it is likely that this issue will end up in the U.S. Supreme Court. If I were the soothsaying sort, I would predict that a compromise will be reached; signs might be allowed, but will have to comply with size and location restrictions.

Answered: Don't Ask, Don't Tell Comes to the Workplace

Wed, 31 Aug 2011 13:16:50 +0000

Your instincts were good. Since the Americans With Disabilities Act (ADA) was passed nearly a decade ago, it is flat-out illegal for employers to ask this question in an interview. The ADA prevents discriminating against people who have or are perceived to have a disability-and it protects them from hiring through firing.

At the hiring stage, all job decisions must ostensibly be based on an applicant's ability to do the job. You cannot be denied a job because you have a disability or others believe you do. Being diagnosed HIV-positive qualifies as a disability--and the U.S. Supreme Court recently ruled that is so even if you show no symptoms.

In reality, many employers have been slow on the uptake, continuing to pry into applicants' prescription drug use and other health issues. So in practice, the ADA here has worked about as well as the Don't Ask, Don't Tell policy for gays in the military. If asked about drug use in the future, your best bet is to steer the conversation directly to job-related tasks and find out the questioner's true concerns. For example, if the job requires quick thinking and talking, assure the prospective employer that you have no problem remaining alert during the workday--and perhaps mention a job you held recently that required just that.

Answered: Even the Reception Area Was Chilly

Wed, 31 Aug 2011 13:16:05 +0000

All employers are legally bound to provide a safe and healthy workplace. Unfortunately, that is a nebulous standard indeed. Even more unfortunately, it may be difficult to prove that the chilly office air actually presents a health hazard. You will more likely be able to do this if a number of employees have suffered illnesses logically caused by working in a cold, drafty place. Your best bet may be to try to solve the problem informally. Get a thermometer and record the office temp for a week or so. Then band together with other workers who, like you, feel the place is too darn cold. You and the other workers affected should then request a meeting with your employer. Show him or her the evidence--the recorded temperatures--and explain that you all want to do the best job possible, but you can't given the prevailing low temp. Make tangible suggestions about how the place could be altered to eliminate icy blasts. Perhaps space heaters would be an option.

Answered: Let Them Eat Health Insurance

Wed, 31 Aug 2011 12:34:23 +0000

It can be legal for an employer to provide coverage for some classes of workers, but not others. This sounds mean-spirited. After all, it usually means that coverage is denied those who need it the most. The rationale is that upper-level employees may need additional enticements to join the company.

It is also unfortunate that the insurance promise was never put in writing. You are now in the difficult position of having to prove the promise was made. It may be a tough case of your word against your employer's. You are better off, of course, if the same promise was made to a number of employees.

As a final resort, it still may be worth your while to check with the local insurance commissioner to make sure that your employer's policy complies with all legal requirements for your line of work.

Answered: Adding Insult to Jury Duty

Wed, 31 Aug 2011 12:33:27 +0000

Far be it from our gentle sensibilities to predict the outcome of anything that could be as bloody as a legal battle. But I do recommend making a few stops before beating a path to a barrister's back door.

Most state laws spell out that you cannot be fired or demoted for taking time off to serve on a jury. But money is a more ticklish issue. Poke into the nearest law library to check your state statute. The general rule is that unless employee handbooks or other written policies state otherwise, employees are not generally entitled to be paid by their employers for time off work spent responding to a summons or serving on a jury. But laws in about a baker's dozen of the states do set out some qualified rights to payment.

Since my cat Spot had a particularly graceless run-in with a teacup next to your letter, I can now make out only that you live in a state that begins with A. If you work in Alaska, you may be in luck. It's the only A state that clearly entitles jurors to paid leave during juror absences.

You will also need to find out whether your state law treats vacation time as it treats wages. In states that do, there is little your employer can do to get out of accruing your regular vacation time while you do your civic duty. A call to your local labor department should help clear up this mystery if you find it hard to read between the lines of the law.

Unless you have an exceptionally high tolerance for legal minutiae, you probably don't want to use the courtroom as the place to stand up for your rights to accrued vacation during jury duty. As a practical matter, laws that set out penalties for law-breaking employers can speak more loudly during negotiations to resolve a wrong rather than in court. Check out the law on your right to leave for jury duty and the law characterizing vacation time. If you are in the right, showing your employer a copy of the law will probably make all straighten up and fly right. But if that doesn't work, try the stick approach: File a complaint with your local department of labor.

Answered: When the Workplace Becomes Peyton Place?

Wed, 31 Aug 2011 12:32:15 +0000

What I think is that you are an extremely patient and forgiving woman.

Unfortunately, your husband was probably in a better negotiating position before he walked out the door for the last time. When he went to management and said that the woman's behavior was continuing, he should have pointed out that he was abiding by company requirements by refusing to have contact with her. He could have made the argument that he considered the pestering behavior to be harassment--and ask that management put an end to it.

The fact that the two employees were formerly involved romantically is a complication that might make it harder for management to see the facts as black or white.

Your husband has two options. If he thinks it is at all possible to get a fair ear from someone in management at his old workplace, he should request a confidential meeting to discuss the situation--and the possibility of getting his old job back. He'll have to be careful. For better or for worse, your husband has become involved in destructive office gossip--and management is likely to frown on that.

He can write the whole thing off as a Big Learning Experience--and go about the task of looking for a new job in a new place, away far away from the former paramour. This solution holds a certain appeal. Perhaps his old employer might agree to write a good letter of recommendation and stay mum about the mess left behind.

While it may feel unfair that your husband was fired, I doubt that any lawyer in the world would take on his discrimination claim.

Answered: Before Shooting the Messenger, Check the Address

Wed, 31 Aug 2011 12:31:20 +0000

Maybe the reason that dog won't hunt is that you are barking up the wrong tree. The ADA is enforced by the Equal Employment Opportunity Commission, not the Department of Justice. You should file your complaint at the EEOC office nearest to where you work or used to work. You can call 800-669-3362 for assistance in locating that office. I'm not familiar with the ins and outs of proving MCS discrimination, but you should know that to bring an ADA claim, you will have to show that you have a disability that substantially limits a major life activity--breathing freely, for example. You can do lots to help your own cause by thinking of specific things your employer could do make it possible for you to do your job: limiting others' use of perfumes or other fragrances in the workplace, for example. If you're stumped about possible changes you and your employers could make so that your disability would not hinder your work performance, contact the Job Accommodation Network at 800-232-9675.

Answered: Germ Warfare at Work

Wed, 31 Aug 2011 12:30:13 +0000

You are not likely to get much help with your complaint from the Occupational Safety and Health Administration. OSHA handles only hazards "recognized as being likely to cause death or serious physical injury." These days, it spends most of its time on complaints of high-level toxic spills and such. And given that it is a completely overburdened bureaucracy, it handles precious few of these.

Your better bet is to attempt to resolve the dispute more informally, in your own workplace. It sounds as if you already have some standards in place. If they are not strong enough, lobby to get more strict ones. If they are not sufficiently enforced, call attention to that. Best of all, management is likely to take your complaint more seriously if a number of employees join in it. Ask for a meeting with supervisors and top execs and lay out your complaints, asking for a way to get a common sense solution to make the workplace safer for all of you. The more rational solutions you can propose, the better.

You will probably not be able to get reimbursed for time missed from your day job.

Answered: Stamping Out Unfair Treatment on the Job

Wed, 31 Aug 2011 12:29:14 +0000

The problem you describe does not sound as much like harassment as plain and simple bad management. As such, you may meet only with frustration if you try to fit it into some specific legal category and attempt to track down similar wrongdoing.

The best thing you can do is document the suspicious behavior. Keep copies of memos and reports that are relevant. Keep a workplace diary of what assignments are made, who said what to whom and when. If the bad practices continue, approach management with your concerns--backed by your documentation.

Answered: E-Mail: The ‘E’ Stands for Eavesdropping

Wed, 31 Aug 2011 12:27:59 +0000

The lesson you may have learned the hard way here is to use e-mail at work judiciously. Cease and desist sending e-mail messages that have no business purpose on the job. While you may feel that your privacy is being pinched when your employer reads e-mail messages, the truth is that most employers do the deed and the law is unclear as to whether there is anything illegal about it.

Another truth is that may employers who want to fire someone will use whatever evidence they can find to act as a paper trail. More and more often, that evidence includes a printout of the former employee's e-mail that was used to waste time on the job or to heckle or harass a co-worker.

While it's impossible to backstep, using e-mail was probably not the best way to vent your spleen about your fired co-worker, either. It would have been better to have asked for a discreet meeting in person in which you firmly but calmly told your side of the story.

You say you are concerned that your co-worker was fired for the wrong reason. In truth, there may be nothing you can do about that. It is up to him whether he wants to make noise or file a claim about his discharge. If you want to set the record straight with him, consider giving him a call or dropping him a note. But beware of fueling the fire against your employer or of adding any more angst to the former employee's load. If you and the former co-worker were true friends, the best you may be able to do is to lend a willing ear.

Answered: Proving a Worker Is Not an Employee

Wed, 31 Aug 2011 12:26:36 +0000

Like a number of other state agencies, the New York Department of Labor uses something called the common law test to determine whether a worker is an employee or independent contractor for unemployment compensation purposes. Under this test, a worker is an employee if the person for whom he or she works has the right to direct and control how the work is done, both as to final results and as to the details of when, where and how the work is to be performed.

The Labor Department will examine a number of things to determine if you had the right to control the worker -- for example, whether you provided tools and equipment, gave the worker instructions, set the worker's working hours. The more that you can show that this friend of yours worked on her own and gave herself her own marching orders, the better your chances of success.

Since you seem wrapped around this axle, you might need more specific help. Nolo does publish a book that can provide you with more detailed information. It is called Hiring Independent Contractors.

Answered: Former Employer Wants to Investigate Harassment

Wed, 31 Aug 2011 12:23:30 +0000

If you don't go to the table, you can't even get in the game. It may not feel that way now, but given all that has gone on, you are in the best position imaginable.

First of all, the company has asked you to come in for an interview. This is at least some indication that they are taking your complaint seriously and eager to look into it. It may be your best opportunity to set the record straight and explain your side of the story--things that are usually done more effectively in person than in writing.

You should also know that the EEOC is not likely to look kindly on your refusal to deal with what appears to be the company's reasonable efforts to investigate your claim. As difficult as it may be, talking with your former employer may be the best thing you can do.

Finally, Oh Lucky One, It sounds as if they are nearly begging to have you come back--a rarity in today's job market, in which workers come and go easily. If you agree to go back in for a talk, you may be better able to assess whether it would be a comfortable place for you to return to work. Otherwise, wouldn't you always wonder?

So, rehearse first. You might want to review the basics elements of sexual harassment, as discussed in Nolo's Sexual Harassment on the Job--and summarized in the encyclopedia in the Employment category of the website.

Take a deep breath. Walk into that room prepared and ready to answer all questions completely and honestly. It's your chance. You go, girl.

Answered: What to Do If You Think Your Boss Is Stiffing You?

Wed, 31 Aug 2011 12:21:43 +0000

From the particular brand of legalese you are spouting, it sounds as if you checked the federal minimum wage controls, set out in the Fair Labor Standards Act. And that law would likely entitle you to be paid at least 15 additional cents per hour.

Employers are bound to comply with the wage law, either federal or state, that is most generous to employees. And under your state law, the numbers are on your side, too. In the Hoosier State, where you make your home, employers who have two or more employees must pay workers the current minimum wage of $5.15 per hour.

Like other state law, Indiana's mentions a few exemptions, including workers who are under 20 years old, who get tips, are family members, those who work for a religious order and suchlike other specifics. There is an off chance you might fit under one of these specific exemptions. If you want to take a look at the letter of the law before throwing the book at your employer, you can find it at: Indiana Code Annotated, Section 22-2-2-3.

Your first best bet is probably to calmly inform your employer about the law that applies. If those pleas fall on deaf ears, contact your local labor department. Minimum wage laws are taken quite seriously these days--and employers who violate them are duly reprimanded--often made to pay fines to boot.

Answered: How can I develop a successful telecomputing project for my classroom?

Wed, 31 Aug 2011 10:24:50 +0000

If you're interested in creating your own interactive classroom project, Keys to Successful Telecomputing offers tips and advice on how to focus your project for success.

Answered: Where can I find a telementor for my classroom?

Wed, 31 Aug 2011 10:18:01 +0000

Journey North: A Global Study of Wildlife Migration This spring over 100,000 people will report sightings of plants, animals, and natural spring events to Journey North. Using this collective information, teachers and students can follow the spring migrations of animals, examine the changing vegetation, and monitor signs of the arriving spring: including the ice-outs, leaf-outs, and frog-singings. Extensive resources to help teachers integrate this information into their curriculum are available.

Your students can interact with scientists conducting exciting research in the field. The Jason Project seeks scientists on location around the world and works with them to develop curriculum related to their current projects. The next expedition is headed for the Guaymas Basin to explore hydrothermal vent communities living on the ocean floor; your class is invited to join them.

Let your students learn with help from the scientists at NASA. Online Interactive Projects from NASA supports a number of excellent learning opportunities for teachers and students. Projects include Live from the Rainforest, Aero Design TeamOnline, NeurOn, Women of NASA, Mars Team Online, and Space Team Online.

GlobaLearn mounts live expeditions twice a year to different regions of the world. Each expedition explores the history, traditions, industry, and environment of each community they visit, and post their findings on the Web. Students are invited to correspond with expedition members. Expeditions have been undertaken to Asia, the Black Sea nations, and Brazil. The current expedition is destined for South America.

To enable students to contribute to the health and welfare of the planet and its people is the purpose for which these numerous projects from IEARN (the International Education and Resource Network) are designed. Topics include the arts, humanities, and sciences and are available in both English and Spanish.

That children learn by teaching others is the philosophy of Special Species. Teachers are encouraged to team up with a scientist or naturalist to study a species of plant or animal. Students then write a report and prepare illustrations about what they have learned. The reports are published on the Special Species Web site.

Here's a fun way for students to learn map reading, geographical terms, and cultural and geographical diversity. Geo Game requires participating classes to complete a survey about their geographical location. They then receive a scrambled survey from another class which they must unscramble. This project is suggested for middle to upper elementary grades, but is open to all grade levels.

Where on the Globe is Roger? Roger Williams has spent a couple of years driving around the world in his truck, Bubba, visiting schools and sending reports of his adventures via Internet to children in participating classrooms. At the moment Roger appears to be taking a rest, but this site is still brimming with information about his travels.

Where can I find information on telementoring?

Wed, 31 Aug 2011 10:14:38 +0000

Answered: Where can I find a library of learning sites for teachers and students?

Wed, 31 Aug 2011 10:14:17 +0000

Locate hundreds of outstanding educational Web sites easily, with the Blue Web'n Learning Sites Library. Search sites by category or grade level. Each Web site is rated and reviewed.

Answered: Where can I take online courses?

Wed, 31 Aug 2011 10:13:13 +0000

More and more people are taking advantage of the convenience of online education. This list, comprised of the PBS Adult Learning Services, National Teachers Education Network, and Math Teacher Link, provides a great selection of distance education and online courses for educators who want to academically enrich their personal and professional lives. These sites give calendar schedules and course descriptions of accredited telecourses in the fields of science, liberal arts, business, and education.

Answered: Where can I find information on educational standards and policy making?

Wed, 31 Aug 2011 10:11:45 +0000

This list provides a modest but useful selection of sites. H.R. 1804: Goal 2000: Educate America Act presents the legislative proposal of the 103rd congress of the United States on education in America. Developing Educational Standards is a resource index that catalogs educational standards and policies by state. Last but not least, Eight Questions You Should Ask is a site designed to help policy makers, state administrators, educators, and others ask the right questions when considering educational standards policy.

Answered: Where can a teacher talk to other teachers about teaching?

Wed, 31 Aug 2011 10:09:59 +0000

SchoolWorld Tek Teachers is an online educational resource committed to aiding and informing teachers and students worldwide on a variety of academic subjects. Among the many links and services they provide is a worldwide email directory of teachers.

Answered: Where can I find educational associations?

Wed, 31 Aug 2011 10:08:44 +0000

Education Week provides a comprehensive directory of educational associations and unions for teachers, administrators, and educational policy makers. The associations and unions range from the very specific, such as the Council for Exceptional Children, to the very general, National Education Association. Busy education professionals will find this an invaluable index for information and networking.

Answered: Where can I find a great education site for teachers?

Wed, 31 Aug 2011 10:07:30 +0000

Navigate recent trends in online education with help from the The Third Millennium Education Project. Dispatches from teachers using the Internet in their classrooms are made available along with discussions of online mentoring and other online learning topics. Packed with reviews and links for the best education articles and Web sites, this is a vital tool for teachers interested in integrating the Internet into their classrooms.

Answered: Where can I find lesson plans?

Wed, 31 Aug 2011 10:05:29 +0000

Let us point you to an archive of lesson plans arranged by subject and school level (elementary, middle, and high school). Our collection includes lesson plans from Get Degree Online, K-12 Online, MegaEd among others.

Answered: My doctor told me that I have mitral valve prolapse. What is it?

Wed, 31 Aug 2011 09:48:32 +0000

The mitral valve consists of two thin layers of tissue separating two heart chambers named the left atrium and the left ventricle. When the valve closes normally it creates a seal so that blood doesn't flow backward into the left atrium. Those people with mitral valve prolapse have a "fleshy" valve that doesn't seal properly. Sometimes blood can leak into the left atrium when the valve closes. These people need to take antibiotics before dental work and some other procedures. If not done already, your doctor can order an ultrasound test called an echocardiogram to confirm the presence of mitral valve prolapse and determine whether or not the valve leaks.

Answered: My husband and I have been married 2 years and we can't get pregnant? What should we do?

Wed, 31 Aug 2011 09:47:16 +0000

This is an all too common problem among young couples of childbearing age. The problem can occur because of female anatomical problems or due to male fertility problems. The best advice that I have for you is to have your husband see a local urologist or have his doctor order a semen analysis. The reason to have your husband checked first is that it costs much less than the testing that will need to be done on you. If you can identify that the problem is with your husband, then you've eliminated a lot of costly and sometimes uncomfortable tests that will be required of you. Fortunately, the infertility doctors have come a long way in recent years, and it's likely that you can be helped. Good luck.

Answered: How can I lower my cholesterol?

Wed, 31 Aug 2011 09:45:04 +0000

The first step is to avoid eating foods high in saturated fat. Fortunately, our food are now labeled so that we can buy items low in fat. Remember to look for items low in saturated fat . The two fats that are usually tested for when you doctor orders a lipid panel are cholesterol and triglyceride. If diet alone doesn't help, then you need to discuss other alternatives with your primary care provider.

Answered: My elderly parents see a doctor who takes "medicare assignment", what does that mean?

Wed, 31 Aug 2011 09:44:10 +0000

If your parents' MD takes assignment, then he has agreed not to charge more for services than the amount that medicare approves. eg: If your doctor charges $20.00 for a service and medicare approves $15.00 then he must "write off" the $5.00 difference. You will still receive a bill (or you coinsurance will cover some amount)because medicare will only pay for 80% of the amount that they approved. Using our example: 80 % of $l5.00 is $l2.00 which medicare will pay directly to your parents' doctor (hospital, whatever). Either your parents or their coinsurance owe the $3.00 difference.

Answered: I have terrible headaches, what can I do?

Wed, 31 Aug 2011 09:43:17 +0000

Headaches are common problems addressed by primary care physicians. They can be caused by muscle tension, contraction and relaxation of blood vessels in the head, or rarely, by diseases such as brain tumors or anuerisms. If you have family members with prior anuerisms (swollen arteries , in this case, in the skull) it is very important to mention this to your doctor. A variety of treatments are available including medications and nondrug therapy as well.

Answered: I have a cough that I just can't shake?

Wed, 31 Aug 2011 09:42:29 +0000

This is an important question because frequently an ongoing cough represents some form of respiratory problem caused by allergy, infection, or asthma. If you smoke cigarettes it may be a symptom of developing lung disease. You definitely need to see your Dr. to have this problem evaluated.

Answered: I seem to always be out of energy and this is just not like me. What can I do?

Wed, 31 Aug 2011 09:40:54 +0000

This is a common complain shared by patients everywhere. There are some physical problems that can affect your energy level such as too little thyroid hormone, anemia (low blood count) or nervous system problems. Lack of exercise is a very common cause. Also, low energy can be caused by depression. This question needs to be examined by your personal physician who can order appropriate lab tests and guide your treatment. Good luck!

Answered: My doctor told me that I have IBS, what does he mean?

Tue, 30 Aug 2011 20:00:47 +0000

IBS stands for irritable bowel syndrome which is a condition of irregular bowel contractions causing symptoms such as abdominal pain and alternating diarrhea and constipation. It causes significant suffering for those who have this condition. The good news is that it can be treated. Everyone needs to adhere to a diet rich in fiber and low in fat content. Most people supplement their diet with a bulk agent such a psyllium to control the symptoms. Behavioral therapy are other alternatives.