60
votes
Is it legal for a store to accept payment by debit card but not be able to refund to it, even in event of staff's mistake?
Could the store give the customer credit or must they actual return the money?
The store has the legal obligation to return the money if the customer demands to be reimbursed. Section 155(4)(a) of ...
- 40.1k
21
votes
Is it legal for a store to accept payment by debit card but not be able to refund to it, even in event of staff's mistake?
Based on how the debit clearinghouses work, it's fantastically unlikely that the retailer is unable to reverse/refund a transaction. That is how the banks want you to do it!!!!
The reason is simple: ...
16
votes
Accepted
Is there a time limit to initiating a legal complaint?
united-states
Overview
The big picture to keep in mind is that in the United States the applicable deadline for filing a lawsuit is very specific to the legal theory upon which relief is sought from a ...
- 129k
13
votes
Accepted
In British Columbia can an employer punish employees for sharing wage/salary information with colleagues?
are employers legally allowed to punish (e.g. fire, reprimand, etc.) an employee who shares wage/salary information with their colleagues?
No. Section 8 of the BC Labour Relations Code preserves for ...
- 40.1k
12
votes
In British Columbia can an employer punish employees for sharing wage/salary information with colleagues?
australia
Wage information is confidential: but only on the employer
In Australia, an employer must keep the remuneration of their employees confidential (subject to legal disclosure requirements).
...
- 147k
6
votes
Accepted
Terminated without cause. Do I have a claim for unjust termination or toxic work environment?
No
First, there does not appear to be unlawful discrimination: there is nothing to suggest that you are a member of a protected class and were terminated because of that.
Second, you were given no ...
- 147k
4
votes
Is there a time limit to initiating a legal complaint?
In many cases there are such time limits. Such a limit is usually called a "statute of limitations" in English. Different jurisdictions have different limits. In addition, any given ...
- 89.2k
4
votes
Is a desire for vindication a legitimate reason for a lawsuit?
It can be
Defamation suits, in particular, are often undertaken to vindicate reputation rather than to secure monetary damages. This is one reason why suits awarding nominal damages for libel (sums ...
- 89.2k
3
votes
Accepted
Can consumers use trusts to protect themselves from losing their deposit — if, after consumers pay deposit, a company goes bankrupt?
united-states
Business Practices
There are contracts where consumer deposits are required to be held in trust, requirements that mostly, but not entirely, arise under state law in the U.S.
For example,...
- 129k
3
votes
What are the best legal methods to protect one's jewelry designs?
A work of art is protected by copyright, under US copyright law – see here esp. §908.
Jewelry designs are typically protected under the U.S. copyright law
as sculptural works, although in rare cases ...
- 157k
3
votes
Accepted
Can two legal complaints be combined in one lawsuit? How does that work?
All causes of action from the same circumstances must be pursued together
Assuming the statutory infringement and the libel arise from the same acts of the defendant, they must both be claimed in the ...
- 147k
3
votes
I am stuck working alone with new coworker who I believe is dangerous. Must the employer take action?
Does the employer have some sort of responsibility to fairly resolve this?
Yes. Although yelling or swearing at someone is not necessarily illegal, much of what you describe sounds in coworker's ...
- 40.1k
3
votes
Accepted
Union fees were deducted but was never told there was a union
Labor Code §70 states that
(1) Where a trade union that is the bargaining agent for employees in
a bargaining unit so requests, there shall be included in the
collective agreement between the trade ...
- 157k
2
votes
Can management tell employees not to: accept cash from a customer then pay with their personal credit card because store doesn't take cash?
Can management tell employees not to: accept cash from a customer then pay with their personal credit card because store doesn't take cash?
Yes. This has to do with the employer's freedom of contract ...
- 40.1k
2
votes
Accepted
Is selling alcohol from one individual to another for profit illegal without a license?
You cannot act as an agent to buy liquor
s8(2)(b) of the LIQUOR CONTROL AND LICENSING ACT
[SBC 2015] CHAPTER 19 is crystal clear:
… a person must not, personally or otherwise,
(b)
solicit, receive or ...
- 147k
2
votes
Is it legal for a store to accept payment by debit card but not be able to refund to it, even in event of staff's mistake?
Yes. They owe you a debt, they can’t just shrug their shoulders and say no can do, but neither are they obligated to repay it in a specific manner.
But they also can’t just hand over a company cash ...
- 955
2
votes
Accepted
How exactly to calculate severance pay?
So do I add up the actual hours worked over 8 weeks or just the time I was paid for?
You add up the wages received during the last 8 weeks, not necessarily consecutive, during which you have worked a ...
- 2,617
2
votes
Large customer (Distributor) changes a single letter in the Supplier's name and trademarks it. Is this legal?
If you had a contract with a seller that required them to sell your goods under your organization's name, without modification, then changing the name would be a breach of contract and you could sue ...
- 157k
2
votes
In British Columbia can an employer punish employees for sharing wage/salary information with colleagues?
In many countries, this would directly conflict with the legal requirement that equal work be equally payed.
One of the very reasons why it was (or often still is) a fact that men earn more for the ...
- 467
2
votes
Is a desire for vindication a legitimate reason for a lawsuit?
Courts can’t order the restitution of “honor”
In essence, there are only three things a court can do:
make an order for payment of money
make an order for someone to do some act
make an order ...
- 147k
2
votes
Accepted
What are the best legal methods to protect one's jewelry designs?
As the answer by user6726 says such works are automatically protected by US copyright. It would be possible to register them with the copyright office. This is required before bringing a suit for ...
- 89.2k
2
votes
Can consumers use trusts to protect themselves from losing their deposit — if, after consumers pay deposit, a company goes bankrupt?
If D is willing to accept money on trust, sure
However, D is probably unwilling to hold money on trust for C and will tell them to fornicate off.
- 147k
1
vote
Accepted
Am I obligated to pay prorated insurance premium if broker renewed without my agreement?
Am I obligated to pay prorated insurance premium if broker renewed without my agreement?
No, since you did not agree to auto-renewals either. The broker's unilateral change of the terms and ...
- 40.1k
1
vote
What are the best legal methods to protect one's jewelry designs?
For new designs a design patent might be appropriate in the U.S. Note that they are for manufactured articles. Manufacturing does not exclude things made by hand but if each item is individually, ...
- 7,033
1
vote
Large customer (Distributor) changes a single letter in the Supplier's name and trademarks it. Is this legal?
You can establish rights in a trademark based on "legitimate use" of the mark. This protection arises automatically, from actual legitimate use of a mark for business or commercial purposes. ...
- 2,601
1
vote
From a practical perspective, what is the most reliable way to make a debtor pay?
The court website says "Most often, people garnish wages or bank
accounts." Are there other forms of garnishment?
Garnishment means to obtain assets of a debtor from a third-party with ...
- 129k
1
vote
Accepted
If Party X tells Party Y something untrue about Party Z, if Party Y repeats it is this defamation (if it's obviously false)?
If A makes a false statement about B that harms B's reputation, that is normally defamation, unless some exception or privilege applies. If C repeats A's false statement, knowing it to be false, that ...
- 89.2k
Only top scored, non community-wiki answers of a minimum length are eligible