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Peyton Hunley Robinson

Peyton Robinson’s Answers

372 total


  • After being let go (never used the term let go, terminated, fired, laid off, etc.) how to navigate?

    I was told, unexpectedly that my employers "crunched some numbers and needed to make a change"; they appreciated all my effort and hard work into the company. It was nothing I did wrong, and nothing personal. I was expected to be on call and a...

    Peyton’s Answer

    You probably do not have any legal recourse, i.e., filing a lawsuit, for the termination. For general employment problems in Utah, see -- http://laborcommission.utah.gov/FAQ/discrimination_in_employment.html

    In Utah, you can be fired for any reason, provided it is not unlawful, in violation of a contract, or against public policy. It does not sound like any of those situations apply. For the back pay, you might see if you can find an employment lawyer willing to give you a free consultation to talk about it; but you would need to have date/time on call, and prove it was a job requirement for which you should be compensated. The possibility of being called in to work would not, by itself, do anything for your claim.

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  • How do I turn In my ex for forging my signature on refund and what will he be charged with?

    My ex husband forged my name on our tax return! Also I've come a crossed he filed another in just in my name as well! We had been divorced 3 days when he did this I have a witness to him calling me to inform me he filed the taxes

    Peyton’s Answer

    Did you file your own tax return for the years at issue? Were any tax items on the returns he filed fraudulent?
    Tax returns are signed under penalties of perjury. In addition to forgery, there could be other charges such as tax fraud or perjury. It would depend on what is actually going on. The charges are up to the Department of Justice and IRS.
    For how to turn in your ex, see the information at -- http://www.irs.gov/Individuals/How-Do-You-Report-Suspected-Tax-Fraud-Activity%3F
    You should make sure that you have properly filed your own tax returns separate from your ex. If you make a report to the IRS, you should then stay out of it.

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  • Can a father take his child from mother without permission?

    My sister and her bf are engaged but not married. They had a son together(the father is on the birth certificate) and have been living together for over a year. Her bf believe she is cheating on him and often neglects the child while he is at work...

    Peyton’s Answer

    Taking the child and leaving without written permission can cause all kinds of problems, not only legally but also with the child's removal away from its mother. The bf should get a court involved -- move out, file for custody and child support, and work through the court to figure out an arrangement. Bf should delay departure until there is a legal framework in place for custody, support, and parent time for mom. It is possible to do much of the legal paperwork without an attorney, especially if your sister agrees. There may also be a legal clinic in their area that can help.

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  • Can my ex-wife use state assistance to pay her half of child care and make me pay the rest?

    For the last 3 years my ex-wife has been receiving state assistance for daycare. She told me we were splitting the remainder but I recently found out the daycare told her they would count the state assistance as her portion and are charging me the...

    Peyton’s Answer

    You can possibly ask a court to modify your divorce decree if you feel it is being interpreted incorrectly by your ex. If you want to go that route, you would do best to talk directly with an attorney to look over your document. However, I doubt you have a winning argument. Your ex gets money for daycare, and it is used for daycare. The fact that her payment comes from the state does not matter for the daycare provider. She is paying her half. You want her to share your half of the daycare expenses, but I do not think a court would agree that the divorce decree should be interpreted in that way.

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  • Got a traffic citation

    Wife got a citation for running a red light . She said she was through the light well before it went red what is the best recourse to fight this ?

    Peyton’s Answer

    To fight it, plead not guilty and go to court for a trial. The government has to prove its case. Your wife and any witnesses would be able to testify. If the cop was by him/her-self, and your wife was by herself, then the testimony will be pretty clear ("she ran he light," and "no I did not"). Sometimes, citizens win. She (or you) can go to the scene of the alleged violation and time the light changes during the same time of day -- note how long it stays green, yellow, and red. Take photos from where the cop would have been sitting -- did he/she have a clear view of the light change? And so on. Prepare to present evidence in court to show reasonable doubt.
    So that's one option. It will take time to fight it, and to some people, it's not worth it. If there is a bigger concern about keeping a violation off of your wife's driving record, then see if there is an option to pay a fine, take a driving class, and get the charge dismissed.

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  • In the state of Utah, can a separated couple force the other to get a psychological evaluation without cause? If yes/no code #?

    Separated spouse called in a false suicide threat. But paramedics and police stated no threat. But is trying to force a psychological evaluation even when MD, therapist and Police report show no danger.

    Peyton’s Answer

    There would need to be a court order. The other spouse can ask a court to order an evaluation, but you would have an opportunity to present your side.

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  • If i have a case that has filed inaccurate charges by defenition of such charges, is that enough to dismiss the case?

    i have a domestic violence charge that has no evidence to support accusation plus it was an argument on a public transit property and not a home issue...

    Peyton’s Answer

    No, it is not. The prosecutor has discretion to charge or not, and if there was indeed some error in charging, it can easily be corrected. The location of the incident does not matter for this type of thing. Work with your attorney to review your options.

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  • We didn't renew contract for yellow page ads. In return they removed all of our free listings . We have lost business from this

    We are a small furniture store in NC. Our business phone number has been included in the phone book for 36 years. We had also paid for yellow page ads but decided not to renew contract this year. I think the sales lady deliberately told publisher ...

    Peyton’s Answer

    You can certainly consult with a local attorney familiar with your state's common law torts, but I doubt you have a legal claim. Failure to publish your listing (omitting you from their publication) as the basis of your claim would not be likely to succeed, in my opinion. Aside from proving economic damages, I think the first hurdle would be showing that they owed you some duty to publish, or intended to cause your business harm (which will be hard with an omission). But if you talk with a local attorney, you can get a more specific opinion based on a more detailed review of your facts and your state law.

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  • My live in boyfriend of 17 years filed taxes claiming "married" without us being married. Can he get in trouble with the IRS?

    He has prior issues due to failing to file for 20 years. Also he had me on his work insurance fraudulently and huge medical costs resulted due to catastrophic illness in me. Will either of us get in trouble if this comes to light? We previously sp...

    Peyton’s Answer

    Yes, he can get in trouble for claiming to be married on his tax return when he was not married. Tax returns have to be signed under penalties of perjury, so he would have filed a fraudulent return and committed perjury.
    You ask if either of you will get in trouble if medical fraud comes to light. If the insurance company finds out, I imagine it would not be too happy, and "huge" costs sounds like it would have a reason to go after you and him. Someone more familiar with insurance law might answer better, but I suspect there could be a state criminal fraud charge as well. Trouble? Yes, could be trouble.

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  • Seller advertised and sold car as having 160,000 miles, did not disclose that ODO was wrong and exempt.

    Bought vehicle advertised on classifieds as having 160,000 miles, though it was quickly discovered through vehicle records that the odometer was replaced after being recorded at over 185,000 three years ago. I believe the seller was ignorant to th...

    Peyton’s Answer

    It does not sound like you have a good case to prove fraud against the seller. As stated by the Utah Supreme Court, for fraudulent misrepresentation, you would have to allege (and ultimately prove): (1) that a representation was made (2) concerning a presently existing material fact (3) which was false and (4) which the representor either (a) knew to be false or (b) made recklessly, knowing that there was insufficient knowledge upon which to base such a representation, (5) for the purpose of inducing the other party to act upon it and (6) that the other party, acting reasonably and in ignorance of its falsity, (7) did in fact rely upon it (8) and was thereby induced to act (9) to that party's injury and damage. All of these elements have to be addressed in a lawsuit.

    It sounds like you may have a big problem showing the seller knew the Odometer was wrong. Furthermore, you would have to show damages of $600, which in the value of things like cars can be difficult because there is more likely to be a range of values.

    You can certainly try small claims court, or threaten to sue, and see if you can negotiate a settlement to get some money back and give up the car. But for a successful legal case, you do have some significant hurdles.

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