Can you clear your record of a 51/50 firearm restriction if it is not on your criminal record and you weren't held for the full 72 hours?
If the facility reported the 5150 hold to CADoJ, they were required to give you a form on your discharge that tells you that you are forbidden to possess a firearm or other deadly weapon for five years, and that sets out the process for appealing the ban. You can only appeal the ban once, but can do so any time within the five year period. If you were not given the form on your discharge, the facility 'probably' did not report to DoJ. Unfortunately, there is NO process to determine whether there is a DoJ hold on you or not other than to attempt to buy a gun. Note that at the hearing, if you were held on a 5150 the burden of proof is on the DA to convince the court that you are unfit to own a gun - had you actually been committed under a 5250 the burden is on you to prove that you ARE fit to own a gun. Richard
I had signed an employment bond for certain years, but now I wish to leave the company. What is the best way of dealing with this situation?
Although I am not a legal expert, a lawyer would better answer your question, but I can answer this on the basis of my knowledge. As per Contract act in India, such bonds are not enforceable, since they are considered in restraint of trade.In the past, many employees have violated such bonds and in such cases, companies have resorted to different means:Allow the employee to go, take no action - In this situation, you lose nothing, the company will discharge you.Allow the employee to go, hold his Salary - In this situation, they will not pay your full and final settlement salary. Probably you will lose gratuity, leave encashments etc. and your unpaid salary.Restrict the employee from going, sue the employee - In this case, the company will go to the court. It will be a very lengthy procedure. According to the past cases, the company will have to prove that due to your layoff, the company is bearing direct costs. Further, the courts would rule in favour of a company only if the terms and conditions mentioned in the agreement are reasonable. Having a penalty clause in the agreement makes it unenforceable since it is not a reasonable term. So generally the company will be able to recover training costs only. This option is exercised only when the employee is very highly resourceful or employee is at a high ranked position.Recommendation:In maximum cases, Option B takes place. So you need to plan your exit smartly so that your salary cannot be withheld by your employer.However, you are at risks only if you are positioned at a very unique post and there is no replacement for you in the market or maybe if your services are highly important for the company projects and without you they will not be able to continue the projects.Then the company will never sue you since the legal costs are too high to keep spending it on every employee who leaves.If you think your post can be replaced easily, the best thing is you may try writing an email to the company, mentioning a notice period and ask them to permit layoff. Mutual understanding is the best way to solve problems.One problem will be that, it will be difficult to get experience letter and employment relieved letter which is actually asked for by various companies, when you join them, as a documentary evidence.
Does the Massachusetts JOL restriction apply in New Hampshire?
Under the rules of reciprocity, if you have a driver's license issued in any state, then it's valid in any other state. If you violate the restrictions on your license while you're in NH, it can be revoked in MA, like any other license. FWIW, the NH Youth License has a similar restriction, if you're under 18, and cannot have "more than one passenger" under 25, unless someone older is in the car and has a license. If you wait another month, the restriction changes, so why not just wait?
Can I be restricted to my barracks room?
Ok, long story short, I recently got in trouble and was put on restriction. I maintain a barracks room, but live with my boyfriend off post. I've been living in my apartment for 5 months now. None of my NCO's have had a problem with it. But all of a sudden they are trying to extend my restriction because Im not authorized to live off post. Can they make me move back into my barracks room? If I'm never late to formation or work what is the reason to make me live in my barracks room? Someone please help me...