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-   -   Can I sue my legal parent for damages? (https://www.askmehelpdesk.com/showthread.php?t=679239)

  • Jul 5, 2012, 05:23 PM
    Wondergirl
    So you will be taking high school classes, being a paid intern, and working at a full-time job somewhere.
  • Jul 5, 2012, 05:24 PM
    JudyKayTee
    Quote:

    Originally Posted by RaiHarmon21 View Post
    School for me is only 4 days a week not five and when school starts i will be a paid intern for massage therapy therefor i wont need to work 40 hours a week to make a full time wage. My home situation is not where i need to be, its not safe, and it hinders my ability to get my education to begin with.


    What State are you in? I know a bit about massage therapists. You're 16, right?

    Just so I understand - you're walking in with no education the subject, as an intern? Not a student like the rest of the interns?
  • Jul 5, 2012, 05:25 PM
    smoothy
    Why do I think that's a total line of bull. You can't have a license for that until you are an adult... something you are 2 years from chronologically and about 17 years from in maturity.
  • Jul 5, 2012, 05:25 PM
    smoothy
    Quote:

    Originally Posted by RaiHarmon21 View Post
    Well since i make 20 dollars an hour as an intern which is enough to pay my bills, yeah i think it is enough to convince the judge.

    THe Bull S*** Alarm is now ringing full volume...

    Hell the judge will likely throw you in jail for contempt right after your first lie is exposed. IF you ever make it to a courtroom.
  • Jul 5, 2012, 05:26 PM
    Wondergirl
    Hard to believe an intern makes $20 an hour. Usually it's very low wage simply as a means to give someone a chance to learn a trade or business. We always had interns at the library, and they made virtually nothing--were there to learn, not to get paid. I interned twice as a counseling student and didn't receive a cent.

    Why on earth would a massage parlor pay you to learn?
  • Jul 5, 2012, 05:28 PM
    RaiHarmon21
    I am a massage therapist student and I will be working part time fast food when I am an intern if its is necessary, Yes I understand what I am trying to do and its pros and cons so stop with the young comments and the maturity comments. If you are so mature, unsubscribe and stop leaving comments because the hate is unnecessary. I realize I'm taking on a lot but you don't understand what I've been through to need this.
  • Jul 5, 2012, 05:28 PM
    JudyKayTee
    Quote:

    Originally Posted by RaiHarmon21 View Post
    No Im in a program that allows me to be a paid intern for massage therapy as long as the clientele knows i am not fully license, i have a shop that will hire me when I start back in school in the fall.


    Please let me know more about the program - a paid intern in your State is allowed to have physical contact with clients when the intern is not of legal age and is not "fully" licensed.

    Really?

    This gets better and better!
  • Jul 5, 2012, 05:29 PM
    JudyKayTee
    Quote:

    Originally Posted by RaiHarmon21 View Post
    I am a massage therapist student and i will be working part time fast food when i am an intern if its is necessary, Yes i understand what i am trying to do and its pros and cons so stop with the young comments and the maturity comments. if you are so mature, unsubscribe and stop leaving comments because the hate is unnecessary. i realize im taking on alot but you dont understand what ive been through to need this.

    It's a Massage Therapist Program, not a Massage Therapy Program. Want to guess how I know?

    One of my stepdaughters is an instructor in California!
  • Jul 5, 2012, 05:30 PM
    JudyKayTee
    Quote:

    Originally Posted by smoothy View Post
    Then its NOT a full time job and that alone disqualifies you under the law. But then, Reality doesn't have much meaning for you does it.

    Hell if you was my kid I'd dump you off in the deep woods.

    - with a pork chop tied around her neck.
  • Jul 5, 2012, 05:30 PM
    Wondergirl
    What kind of "massage"? Now you've got me wondering.
  • Jul 5, 2012, 05:32 PM
    RaiHarmon21
    Once again hate is unnecessary, I'm looking for help so if you don't want to help then unsubscribe and stop leaving comments. Thank you
  • Jul 5, 2012, 05:33 PM
    JudyKayTee
    Just so I'm clear on this - my husband and I paid for 2 years of Massage Therapist School PLUS books and additional courses so his daughter could become a Massage Therapist and the whole time she could have taken a class (or maybe not even a class), made $20 an hour and started work when she was 16?

    Okay - who do I sue to get my money back.

    If my stepdaughter is reading this - and you know who you are - call "home" IMMEDIATELY!
  • Jul 5, 2012, 05:34 PM
    RaiHarmon21
    Quote:

    Originally Posted by JudyKayTee View Post
    - with a pork chop tied around her neck.

    Aren't you guys adults? Maybe you should stop mocking people and actually try informing them if you think they are wrong. And you say I'm immature
  • Jul 5, 2012, 05:35 PM
    ScottGem
    Ok, lets start this over. From what I get from all the posts here (all threads have been merged) we have an OP that claims to have been thrown out of the home of their legal guardians and is living as with a former teacher as an unpaid housekeeper in exchange for housework. The OP claims to be getting emancipated soon. And wants to sue their legal guardian for damages to school property and money they loaned the guardian. OP seems to have a 'tude, but maybe deservedly so. So I'm going to suggest we cut some slack here and take this more seriously.

    But there is still a lot of missing info here that we need to know. First, ANY question on law needs to include your general locale as laws vary by area. Second, why do you think you will soon be emancipated? Have you actually filed for emancipation? If so, has the case been placed on the docket? Has there been any hearings yet? Third, who are your legal guardians now and what happened to your bio parents? Finally, is your school aware of your home situation and what happened to the school books?

    You have to understand that your story has many holes in it. So we are very skeptical. And you aren't helping things with the 'tude. I'm going to give this a chance to start over and will remove any further comments on the truthfulness of your story until we can get more facts. But, by the same token, you have no right to dictate who can or cannot respond to your posts.
  • Jul 5, 2012, 05:36 PM
    RaiHarmon21
    IM STILL A STUDENT I'm still taking courses, every massage I give is paid for so I can get experience while getting paid to do so.
  • Jul 5, 2012, 05:37 PM
    Wondergirl
    What happened to high school?
  • Jul 5, 2012, 05:41 PM
    JudyKayTee
    High school? What happened to licensing? You can't run around putting your hands on people and calling yourself a Physical Therapist. I don't believe this for one second because I'm the one who did the licensing research for my "step."

    No one can get insurance, workers comp or otherwise, for a 16 year old UNTRAINED Massage Therapist.
  • Jul 5, 2012, 05:41 PM
    RaiHarmon21
    Quote:

    Originally Posted by ScottGem View Post
    Ok, lets start this over. From what I get from all the posts here (all threads have been merged) we have an OP that claims to have been thrown out of the home of their legal guardians and is living as with a former teacher as an unpaid housekeeper in exchange for housework. The OP claims to be getting emancipated soon. And wants to sue their legal guardian for damages to school property and money they loaned the guardian. OP seems to have a 'tude, but maybe deservedly so. So I'm going to suggest we cut some slack here and take this more seriously.

    But there is still a lot of missing info here that we need to know. First, ANY question on law needs to include your general locale as laws vary by area. Second, why do you think you will soon be emancipated? Have you actually filed for emancipation? If so, has the case been placed on the docket? Has there been any hearings yet? Third, who are your legal guardians now and what happened to your bio parents? Finally, is your school aware of your home situation and what happened to the school books?

    Thank you ScottGem
    I am 16 I filed the paperwork and after talking to a lawyer and a judge I was told my case will be a short simple and will go through easily for emancipation. I am a paid housekeeper but my pay goes towards my shelter food and basic utilities. My legal guardians are my sister and brother in law who I have not lived with full time in almost a year (ive been in and out of the house) and neither will take care of me. Yes I have an attitude but I was looking for help and I get hate. Very bothersome. Anyway, my school does know of my situation but someone has to pay for the books that were damaged.
  • Jul 5, 2012, 05:43 PM
    RaiHarmon21
    My licensing is done through a program that is done through a duel enrollment in high school
  • Jul 5, 2012, 05:43 PM
    Wondergirl
    No one is hating you. We're trying to stitch your story together into a comprehensive whole piece of cloth.
  • Jul 5, 2012, 05:47 PM
    JudyKayTee
    Quote:

    Originally Posted by RaiHarmon21 View Post
    My licensing is done through a program that is done through a duel enrollment in high school


    So you are licensed through a duel (which means two people fighting each other, I assume you mean dual) program at 16, under the legal age?

    What State?
  • Jul 5, 2012, 06:04 PM
    smoothy
    I'd like to know what medical center or practice could or would hire a minor... what with Malpractice laws being what they are... not to mention insurance companies looking at every charge with a magnifying glass.
  • Jul 5, 2012, 06:10 PM
    J_9
    There ARE dual enrollment courses that teens can take. I happen to know a few myself. The person(s) taking the dual enrollment fall under the insurance of the trainer/facility they are training under.
  • Jul 5, 2012, 06:11 PM
    Alty
    I haven't read the entire thread, I got bored at page 3. A bit shocked that this thread has continued for 7 pages.

    To answer the OP's original question, and having seen that his loss is $350, I'll stick to the simple answer.

    Anyone can sue. If you want to sue for you school books, and you can prove that they were damaged by your step parents, then go to small claims court and hope that you win. That's really all you can do.

    As for the rest, I wish you good luck, you'll need it, and I hope you succeed.
  • Jul 5, 2012, 06:12 PM
    J_9
    Rai, I would like to say that I, for one, do believe your story. While there are some holes that needed to be filled, I believe you are indeed trying to better yourself coming out of a bad situation.

    I have to say I am so sorry that some of my colleagues treated you in the way in which they did. Some of those posts even embarrassed me as they were in no way the professional advice we try to give here.
  • Jul 5, 2012, 06:14 PM
    J_9
    The simple answer Rai, is yes you can sue these people, however it will most likely have to be done in small claims court.
  • Jul 5, 2012, 06:14 PM
    Alty
    Quote:

    Originally Posted by J_9 View Post
    Rai, I would like to say that I, for one, do believe your story. While there are some holes that needed to be filled, I believe you are indeed trying to better yourself coming out of a bad situation.

    I have to say I am so sorry that some of my colleagues treated you in the way in which they did. Some of those posts even embarrassed me as they were in no way the professional advice we try to give here.

    Now I'm thinking I may have to get past page 3. What did I miss? ;)
  • Jul 5, 2012, 06:15 PM
    RaiHarmon21
    Thank you J_9 and Alty your advice was helpful
  • Jul 5, 2012, 06:18 PM
    JudyKayTee
    Quote:

    Originally Posted by J_9 View Post
    There ARE dual enrollment courses that teens can take. I happen to know a few myself. The person(s) taking the dual enrollment fall under the insurance of the trainer/facility they are training under.

    I understand dual enrollment courses. I also know the qualifications for being a massage therapist - and that includes wc and professional liability coverage. A massage therapist "trainee" is hands on. She's not wandering around, handing out wet towels. I also haven't found out which State - which could end this one way or the other.

    I'm sorry we are in disagreement here but I do not believe her.
  • Jul 5, 2012, 06:24 PM
    J_9
    Quote:

    Originally Posted by JudyKayTee View Post
    A massage therapist "trainee" is hands on. She's not wandering around, handing out wet towels.

    As is a nursing "trainee." I've been there done that. I had to work under a licensed nurse to perform procedures such as starting IVs, foley catheters, etc. I didn't wander around just doing bed baths.
  • Jul 5, 2012, 06:25 PM
    ScottGem
    You didn't answer what state this is. But at this point I'm still inclined to believe you.

    But as alty said, you can file in small claims court. If you can prove that a) they destroyed the texts and b) you loaned the money, you may win. But then you will have to collect which may not be easy. Also, getting yourself emancipated may backfire a bit in that it makes you responsible for the texts. Right now your guardians are.
  • Jul 5, 2012, 06:30 PM
    RaiHarmon21
    Here's a nicely knitted cloth of my situation. I am 16 my adoptive parents (bro in law and sister) are separated and do not take care of me. My mother is deceased and my dad doesn't matter. I live in a home with a former teacher and a his wife, I am a housekeeper for them to pay for my shelter, food and basic utilities. I receive social security benefits which come to a lump sum that covers clothing phone bills and all other necessities. I am in a duel enrollment with my high school and a technical school in the massage therapy program. I have several text books destroyed and money borrowed and never returned. Is there anything I can do about this situation?

    There you go simply put
  • Jul 5, 2012, 06:30 PM
    Wondergirl
    In grad school for counseling, we first counseled other students in our program (and were overseen by our profs) and then later counseled volunteer undergrads in various psych classes. No charge and no payment. Then we moved to internships in the community, and were overseen by supervisors with at least a master's degree. Again, there was no payment to us, and the agency we interned for received sliding-scale payment from the clients who agreed on paper to be counseled by grad students. No licensing (or payment, not even tips) was possible until we had successfully completed the program and graduated.
  • Jul 5, 2012, 06:37 PM
    J_9
    Rai, the only thing I am questioning is getting paid for the internship. Most internships are not paid positions.
  • Jul 5, 2012, 06:37 PM
    J_9
    Quote:

    Originally Posted by ScottGem View Post
    You didn't answer what state this is.

    Arizona
  • Jul 5, 2012, 06:48 PM
    ScottGem
    Whoops missed it. Ok here's AZ's law: Arisona Passes Emancipation Statute For Minors

    Someone has been giving the OP good advice. There are 3 requirements that Op has to follow. The 3rd doesn't appear possible, the 2nd, while possible, may be hard to convince a court. But the 1st shows the good advice. Instead of living with the teacher she's the teacher's livein housekeeper. So instead of living with someone, this establishes her as living on her own. Brilliant! So I can see a judge granting emancipation here.

    But I'm also bothered by the paid intern thing. Interns are almost legal slaves. They work for peanuts to gain experience.
  • Jul 5, 2012, 06:53 PM
    Alty
    Quote:

    Originally Posted by RaiHarmon21 View Post
    Here's a nicely knitted cloth of my situation. I am 16 my adoptive parents (bro in law and sister) are separated and do not take care of me. My mother is deceased and my dad doesn't matter. I live in a home with a former teacher and a his wife, I am a housekeeper for them to pay for my shelter, food and basic utilities. I receive social security benefits which come to a lump sum that covers clothing phone bills and all other necessities. I am in a duel enrollment with my high school and a technical school in the massage therapy program. I have several text books destroyed and money borrowed and never returned. Is there anything i can do about this situation?

    There you go simply put

    Simply put, small claims court is your only option. But, like Scott said, and I'm by no means a legal expert, being emancipated can play a role in this. If you are emancipated, you're responsible for your own books, and the cost if they were destroyed.

    Any money owed to you, you'd have to prove. Can you prove it? Do you have statements, an IOU, a contract, stating that they borrowed that money and were going to pay you back?

    Sometimes life's lessons aren't easy. Sometimes you pay the price.

    If you have a case, and can prove your case, then it may be worth your time to go to small claims and state your case. But, even if you win, collecting won't be easy. Winning doesn't mean that you're automatically paid.

    It all depends on how much you're willing to put into this, how much you're willing to lose, because even if you win, that money may never go into your pocket.

    Sad but true.

    This is a judgement call, and as an emancipated minor, it's your judgement call. How much time and effort are you willing to put towards this, knowing that even if you win, you may never be made whole financially?
  • Jul 5, 2012, 06:53 PM
    Wondergirl
    And maybe not even for peanuts, especially if the person/salon she interns for isn't approved by the school or under their umbrella. Depends on the school's requirements for interning and their definition of it.
  • Jul 5, 2012, 07:03 PM
    Fr_Chuck
    Hey guys, I hire interns, I get college students to work 10 or 20 hours a week at either no pay at all, or for costs ( perhaps 10 dollars a day)

    With that said, they get training in something like book keeping, or marketing or experience working toward a fitness certification.

    But yes, it may be a issue of terms, but in general, if they are really looking for an intern, there will not be pay, or just gas and parking money
  • Jul 5, 2012, 07:24 PM
    jenniepepsi
    I took an animal health care class during high school. It was called an ROP class (not sure what that stands for) but it sounds like it may be the same as a 'dual enrollment' type program. We weren't paid, or employed or interned, but we DID preform actual functions of vet techs. Such as giving lambs their vit B shots. (under the supervision of our teacher)

    I believe the OP too. Its very easy to get years of information all garbled up and confused in one post.

    OP I wish you luck, and hope that you are able to get to where you need to be.

    May I ask the reason why you have taken the route of emancipation from your sister and brother in law? Were they cruel to you? Or is it just because of the damage to your school property?

    And, though off topic, I would really like to know if you are a boy or girl. Lol. I see lots of people saying her. And then lots of people saying him.

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