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Peyton Hunley Robinson

Peyton Robinson’s Answers

372 total


  • Who should I contact about fraudulent denial of service by Delta Airlines.

    I booked travel on Expedia.com for my son to visit me, it was booked on Delta Airlines. The trip back was a nightmare! I secured the boarding passes for the return flight online the day before the flight. When my son went to board Delta flight DL...

    Peyton’s Answer

    When anyone buys a ticket to travel on an airline, the person enters into a contract of carriage with the carrier. Delta's can be found here --
    http://www.delta.com/content/www/en_US/legal/contract-of-carriage-dgr.html
    And the click-thru link --
    http://www.delta.com/content/dam/delta-www/pdfs/legal/contract_of_carriage_dom.pdf

    Go to page 42-43 in the PDF. Just based on your post, it sounds like Delta did what it said it was required to do in the contract. However, if your son does not think so, your son should first complain to Delta and demonstrate how it did not comply with the contract of carriage. If he fails to get an adequate response, he can talk to a lawyer to get assistance, and possibly even sue in small claims court. He would have to show that the $240 was reasonable, but that's a different issue.

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  • Can i take legal actions against my employer that recently demoted me?How can i find information to help with a formal complaint

    I was promoted at work and have held that position for two years. Without warning two months ago my position was taken away from me and given to someone else with less experience, and i took a very large pay cut as well. I was not given any warnin...

    Peyton’s Answer

    Can you take legal action? Probably yes, because you can sue just about anyone for nearly any perceived wrong. Will you win if a suit goes to trial? Not likely unless certain facts exist. Utah has very little in the way of protections for employees.
    So before you sue, you may want to review the Utah Labor Commission's website and FAQ at --
    http://laborcommission.utah.gov/FAQ/discrimination_in_employment.html

    It may answer both of your questions, and in one of the answers, it says:

    In Utah, there is a big difference between unfair treatment and unlawful treatment. In other words, your employer might be treating you unfairly, but that does not necessarily mean that they are treating you illegally or that you can bring a claim for it.

    However, it is illegal for an employer to discriminate against you by treating you unfairly or singling you out because of your race, color, national origin, religion, gender, pregnancy, age (if over 40) or disability. The Utah Antidiscrimination & Labor Division has authority to investigate claims of employment discrimination/discriminatory termination. Please contact the Division for help in filing a claim, or to learn more about employment discrimination claims in general.

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  • What legal action can I take against an out-of-state business?

    I ordered something from an Internet company. I have ordered from them before, and never had any problems. However, this time it has been three months since I ordered, and despite several attempts to rectify the situation, the merchandise has stil...

    Peyton’s Answer

    As Attorney Malek suggests, the first thing to do is to see if you can stop or reverse payment. If you paid by credit card, start with a formal dispute of the charge. The card company will investigate, and that by itself may resolve the situation. If you paid by check or debit, then you may have a tougher time. You can file a BBB complaint, but there are plenty of companies that do not care about that. You may get an appropriate response by writing a letter demanding either the company complete the business or return your money, but the usefulness of the letter depends on the circumstances.
    You may want to contact the Utah Division of Consumer Protection -- http://www.consumerprotection.utah.gov/index.html
    You may also try the FTC -- https://www.ftccomplaintassistant.gov/ -- and file a complaint there.

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  • A mother in Romania threw her 20 year old son out. Is he in any way reaponsible to pay taxes on her home?

    THE MOTHER IS CURRENTLY IN JAIL

    Peyton’s Answer

    So this happened in Romania? They why are you asking this question in this forum?

    If this happened in Arizona, the owner of property is liable for property taxes. If the son has no ownership of the home, then he would not be responsible to pay taxes on her home.

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  • Do I have the legal right to demand a letter of apology?

    I used to work for a Dominos, who let me go about a year ago because $17 went missing from my till; their exact words were, "We can't prove you stole it, but you can't prove you didn't". Shortly afterword I began working for a competitor and I was...

    Peyton’s Answer

    I agree with Attorney Jackson, but just add that your mom may want to seriously consider getting another job as soon as possible. It sounds like she might be put in a difficult situation with threats of termination.

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  • Mr grandmother just received a notice from the IRS saying that she owes 31k in back taxes from 2010.

    Grandma hasnt filed her taxes for years...we just know that as of 2010 she owes 31k (with penalty fees and everything). She gets $1,200 for her pension and $1,200 SSI...what are her options as far as dealing with this. Can she file bankruptcy and ...

    Peyton’s Answer

    Bankruptcy in her case is unlikely to work as hoped. Federal tax debts are part of the bankrupt estate, but are not discharged. For a lengthy but detailed discussion, see -- http://www.irs.gov/publications/p908/ar02.html. I would not lightly recommend bankruptcy.

    SSI is not subject to levy (seizure or garnishment), but the pension is.

    Generally, your grandma should: (1) get current on all required tax returns -- file them even if she cannot pay (this may require obtaining a wage and income transcript for each year), and file them even if the IRS has already filed returns on her behalf; (2) consider an Offer in Compromise, and installment agreement, or both (which can usually be appealed if denied); and (3) if she is still unable to get a fair settlement, then try talking with the Taxpayer Advocate Service.

    Can your grandmother do all this by herself (with your help perhaps)? Sure. Taxpayers are always able to handle their own cases. You don't have to hire a tax lawyer or skilled accountant. But the likelihood of making mistakes, not seeing your options, not understanding the implications of decisions, or miscommunicating are enhanced without a knowledgeable advisor.

    Good luck.

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  • If a person isn't satisfied with their lawyer, is there a point that it's too late to change lawyers?

    Serious felony charges: aggravated kidnapping, aggravated assault. There are underlying circumstances that I won't go into here, but no preliminary hearing yet. Date to be scheduled this week.

    Peyton’s Answer

    The lawyer should be told right away that he is no longer wanted. It does not sound like you are too far along. One of the criminal lawyers on Avvo may be able to articulate the standard more clearly, but my recollection is that a client may always fire an attorney, but an attorney's right to withdraw may be limited by the court. Whether it is wise to fire an attorney, and the damage it can do to the defendant's case, is a different question.

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  • I found pictures send text messages to another man for my wife a sexual nature

    I found text messages and pictures sent to another man for my life after recovering from a stroke and being filed 6 months prior for divorce that we were starting to work out I got mad upset and she had filed for restraining order and one what can...

    Peyton’s Answer

    If you want to reconcile with your wife and stay married, then you should talk to her and try to do that. You may need marriage counseling. If she is not willing to reconcile (and a restraining order suggests that she is not interested), then you should move on with your life, see a lawyer, and get a divorce.

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  • Can I be held to an oral agreement if there was not a signature from either party on a written?

    I was recently given a contract AFTER I accepted a job offer that I will be held responsible for $20,000 in training costs if I were to leave the company in less than a year either Voluntarily or Involuntarily. I never agreed to the contents and d...

    Peyton’s Answer

    You could have an oral contract, but in simple terms, there needs to have been an offer (the contract), and your acceptance of it. Usually, acceptance is a signature, but it could be in an email, a statement in front of witnesses, or in some cases, performing as if there was in fact an agreement. If you never indicated any acceptance of the employment agreement in any manner, then you are probably in a strong position if the employer should try to enforce it. That does not mean you can ignore the situation, and you may want to write a letter on your departure that says something like "thanks for the job" and "I never agreed to the terms of your employment agreement." How much needs to be said and the tone of the letter would depend on your situation. Like the other attorney suggests, every situation is unique, and you would do well to discuss the details of your situation directly with an attorney.

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  • My 6th grader got raped at school WHAT TO DO????????????????

    About a year ago my son was in 6th grade and towards the end of the year he started acting weird nothing would comfort him nothing made him happy , would get upset over everything . I would ask what's wrong but would not get an answer I thought it...

    Peyton’s Answer

    I urge you and the dad to take this very seriously and take action. If you brush it away in an effort to save your son from dealing with the trauma, your son may very well internalize the anguish, pain, and embarrassment (it is not a secret to the perpetrators and possibly others). Not doing anything could very well lead to suicidal thoughts or tremendous agony. There are three areas to deal with from what I see in your post -- your son's mental/psychological well-being, a criminal investigation, and a potential civil claim.
    Your son needs some counseling. You should discretely talk with a juvenile investigator at the police department and start the criminal part. And for a civil claim, you will want to discuss the details with an attorney you trust.
    This sounds like a horrible situation. Good luck.

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