Unless we are familiar with parking rates at major airports, airport parking is often one of the last things most of us think of when planning a vacation. Then, our anticipation of a nice trip takes a dive south when we arrive at LAX, SFO, Oakland International or some other big city airport and discover rates which can exceed $38 a day at some locations

But if you know where to look online, it is possible to pay much less for safe, secure parking, shuttled to and then picked up from your terminal when returning, at no extra charge. But sometimes a lower price can mean real disappointment, as Central California readers Anne and her husband discovered after a recent trip to Vancouver, Canada.

A parking adventure

After booking hotel parking near LAX for $11 a day on www.cheapairportparking.org, the couple’s airport parking adventure began July 25.

“We walked to the shuttle area and waited, and waited, and waited — not the 15 to 20 minutes stated on the website, but almost 40 minutes later — before our shuttle arrived, and it is uncomfortably warm inside. The driver had not turned on the air conditioning and had to be repeatedly asked by passengers to do so. We were unsure of what language he spoke well, but it wasn’t English. That was just a hint of what was to come upon our return,” Anne told us.

On July 29, they returned to LAX at about 9 p.m., walked to the hotel shuttle island and with one other couple, waited for their shuttle. “Suddenly, after more than half an hour and seeing shuttles from every other LAX hotel and major parking facilities, two from our hotel appear! This was so strange. Where had they been?”

‘Oh, did you hurt your wittle hand?’

“The first shuttle stopped and then, without opening the doors, amazingly began to pull away! We all began pounding on the windows. Finally, the driver stopped and opened the door. The normal procedure is for passengers to place large suitcases near the steps and the driver picks them up. That’s what my husband did. But this driver wasn’t content with almost leaving everyone waiting — she clearly had no intention of doing her job.

“In an arrogant, sarcastic tone of voice, she yelled at him, ‘Did you hurt your wittle hand beating on the window?’

“We four were the only passengers and experienced the same, completely unacceptable treatment by not just the driver, but the company she works for. The other two passengers stated that they had waited over 40 minutes and counted almost 10 shuttles from Wally Park, and Park ‘N Fly , during that time.

“I am never staying at this hotel again. Those wonderful online reviews for parking? Nonsense! Something is wrong,” the elderly, tired and visibly upset gentleman stated.

“Then, when we arrived at the hotel, my husband calmly asked the driver her name. It was very noisy, yet she replied in a whisper. He had her repeat it twice and finally spell it. We have made a formal complaint with the hotel, and were very surprised at what we learned,” Anne told You and the Law.

We spoke with the hotel’s general manager and were even more surprised by what we discovered about airport shuttle service at the major LAX hotels.

Guilt by association

We ran the facts of this story by Tony Paalz, CEO of Park ‘N Fly, and Bryan Gusdorf, senior vice president of marketing and sales at Wally Park. Both used the same term to describe what results from this completely unacceptable customer service: guilt by association.

“When you have a bad experience with a shuttle service, it’s normal to think the hotel is responsible,” Paalz stated. “But at many airports — including LAX — most of the hotels do not operate their own shuttles.”

So who does? A company called Destination Shuttle Services currently provides airport service for 13 major LAX hotels, including our reader’s.

Wally Park’s Gusdorf is highly critical of claimed hotel shuttle times:

“Airport hotels are in the hotel business, not the shuttle business, but that’s all we do, and why we can guarantee 5 minutes or less. Hotels which contract out their shuttle services lack dedicated vehicles. So a shuttle which flashes XYZ Hotel at 4 p.m. might show ABC hotel at 4:30.

“This partially explains very long waiting times both at the hotel and being picked up when you return, often tired, when every minute counts. You want to get to your car quickly and just drive home, not waste time waiting for the shuttle.”

Like anything else, you get what you pay for — sometimes, a lot more, as will become clear next week when we continue our look at airport parking.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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For anyone in the dating scene–high school, college, divorced or who has lost a spouse, please cast your vote for either (A) or (B):

(A) I want to be romantically involved with someone kind, caring, honest, pays their part of the restaurant tab, does not constantly blame or put me down, has a good relationship with friends and their own family, OR:

(B) A user, a con, twists the truth, a manipulator needing constant praise, jealous of me and my accomplishments, treats others as all good or all bad, emotional, aggressive, mistrustful, controlling, nasty to family members, creates conflict and steals from me my sense of who I am.

All those who chose (A) please raise your hands. Good. Now, those who selected (B) please step outside, and you’ll see two gentlemen in white coats who have a nice jacket (with no sleeves) for you to wear on your trip to Happy Acres Mental Hospital for People Who Keep on Finding Crazies to Date.

High conflict people have the power to do us real harm

How many times have you heard a friend say, “It seems that I am always picking the wrong kind of person to date?” Maybe you’ve even said this yourself, after coming out of a true nightmarish relationship. But what if you never allowed that first or second date to go any further?

Why is it that our internal radar – our gut feelings – which at some point say, ‘Trouble! Stay away!’ but we don’t listen? What explains this phenomenon, and is there a way to recognize those people who have the power to do us real harm emotionally and even physically?

Indeed, there is, and if ever there was a book that should be required reading at every high school, college, and given to people just divorced, who have lost a spouse, or come from a family where conflict was a daily occurrence, then “Dating Radar – Why Your Brain says Yes to ‘The One’ Who Will Make Your Life Hell,” is it.

The authors of “Dating Radar” have years of experience dealing with the damage caused by what they refer to as High Conflict People (HCP.)
Based in San Diego, they are family law attorney Bill Eddy and Megan Hunter, who spent years a family law specialist with the Administrative Office of the Arizona Supreme Court.

First few dates tell all if you are observant

So, how do you know if the person you are dating is an HCP, someone who goes from nice to nasty, and in a truly evil manner? What behaviors reveal that you are dating someone who, as Hunter puts it, “Follows the same script their entire life, first charming their victim and then creating more misery than they ever could dream possible.”

Eddy describes an HCP, emphasizing, “This is not a diagnosis. It’s a description of high-conflict patterns of behavior, and there is considerable overlap with people who have true mental health diagnoses, including narcissists, sociopaths, borderline personality, histrionic behavior and paranoia. But you can be an HCP without having true mental illness.

“These people are rigid, uncompromising, repeat failed strategies, refuse to accept a loss, and negative emotions control their thinking. They cannot examine their own behavior, are unable to empathize with others and constantly blame everyone while refusing to accept any responsibility for problems which they often have caused.”

That description of a High Conflict Person should cause anyone who gets involved with one to ask themselves “Why am I with this head case?” But wait. It gets worse.

Hunter says that, “About 10 percent of the U.S. population has a high-conflict personality, and the chances are good, Dennis, that some of your readers will see they are in or have had a relationship with an HCP.” She lists characteristics an HCP reveals as early as the first date, pointing out they are:

(1) Overly charming, try to sell themselves, put on an amazing performance,
attempt to get too close, too soon. If you describe the person to others as
“Extremely charming,” this is a huge red flag to explore!

(2) Are often described as “Too-good-to-be-true.”

(3) Want to get sexual or sensual very quickly.

(4) Are overly compatible, like everything you like and go out of their way to please you. Victims state, “I never met someone who had all the same interests I had and did everything she could to please me! At first it was fabulous, and then the real person showed her face and it was pure evil!”

(5) Talk or reveal too much about themselves.

If any of this sounds familiar, to discover how to protect yourself or get away from an HCP, then “Dating Radar” will be the most valuable book you ever read.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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If you are about to hire a contractor, then today’s story should be of special interest, and we are confident it will minimize the chances of banging your head against a wall while screaming, “Why did we hire this guy?”

Helen, who reads You and the Law in The Selma Enterprise, sent us this question:

“We are going to remodel our kitchen, but I am worried about the contractor my husband wants to use. He’s an acquaintance from church who I know is in serious financial trouble. My husband feels that the poor guy needs the work and wants to help.

“His proposal is way below any of the others we obtained and, I admit, that is attractive. Still I am concerned. We are long-time readers and trust your advice.”

‘They are about to make two of the three worst mistakes possible’

We ran Helen’s question by Bakersfield attorney Tim Scanlon, who specializes in construction and real estate matters. Shaking his head, Scanlon immediately commented:

“Your readers could easily make two of the three most common mistakes possible in selecting a contractor.”

• Hiring someone based on a relationship and not on their skills.

• Allowing price alone to become the most important factor. The least expensive are typically contractors who have no license, no insurance, no bond and are frequently in financial trouble.

• Hiring someone off of a magazine ad where they have no actual office or physical address.

“Any of these three factors are a huge red flag which often leads to the worst nightmare you could ever imagine. You always need to check out a contractor and there are extremely simple ways of doing this.”

How to verify a contractor’s license and history

“A kitchen remodel easily puts thousands of dollars at risk. Therefore, discover if this person has an active license — the correct license — and the easiest way is by calling the Contractor’s State License Board directly or by going to their website — www.cslb.ca.gov.

“Look at Instant License Check, by business name or the contractor’s individual name. It is not only important to have an active license, but its history is critical to know as well. Has it been suspended at any point in time since it was issued? If so, why?

“But having a license isn’t enough. As there are close to 50 different types of licenses, is it the appropriate license for this job?  Projects valued at $500 or more require the contractor to be licensed. If the project involves two or more trades (such as drywall and granite), a Class B General Contractor’s license is required. For simpler projects only involving a single trade (such as granite only), the contractor must hold a specialty license in that trade.

“What about the history of this license? It can show as active, but could have been suspended and reinstated over time. So an active, current license today is only part of the story.

“If you find that a license has been suspended several times in the past few years, it’s a possible sign the contractor has been sued repeatedly and not paid outstanding judgments, or that the contractor has let important items such as insurance or bonds lapse.

“Next, look at the bond history. Contractors are required to have a bond, which can be cancelled for nonpayment or because the contractor failed to pay a judgment. Has a bond been canceled due to an outstanding judgment? Look for regular renewals without interruption, as it is a good sign of a responsible contractor.

“All contractors are going to make mistakes. Those who don’t get them resolved wind up in trouble with their customers and the Contractors State License Board. You want someone who, if a mistake is made, will fix it. Just stay away from any contractor who has been in trouble numerous with the license board.”

Only had a license for a brief time? In court often?  

“Be extra-careful of hiring a contractor only licensed for a brief time,” warns Scanlon. “Merely having a license does not mean that you know how to run a business, or how to truly be a contractor, keeping your customers satisfied.”

“Finally,” Scanlon recommends, “Go on your county’s Superior Court website, search the business and individual name of the contractor that you intend to use, and see if they are often a plaintiff or defendant. If you see them listed too often, this is a huge red flag — stay away! And, while you’re at it, look at the criminal case listings as well.”

Do you know how much of a deposit a contractor may legally ask? We’ll tell you next time as well as how to not shoot yourself in the foot when working with a contractor.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

The post How covering for a boss can land you in jail appeared first on Dennis Beaver.

We can all feel it. Something’s not right with our country. But when did things start going wrong, and more importantly, where are we headed?

Spend some time with “The Decline of America” by Dr. David Schein, and like me, you’ll say, “Finally, someone who gets it!” Schein is an attorney and Associate Professor at the Cameron School of Business of the University of St. Thomas in Houston. He takes us through the past 100 years of leadership from those men who occupied the White House, or as the book’s subtitle announces, “100 years of leadership failures.”

“The Decline of America” presents an objective, non-partisan evaluation of US presidents during the past century, distills their successes, many glaring failures, and, as Schein is a university professor, a grade is assigned.

Two American Presidents stood out in my mind, the first George Bush and Clinton.

After the United States kicked Sadam Hussein out of Kuwait in Operation Desert Storm, in 1991 there was every opportunity to remove him from power, but Bush refused. Many credit that for the second Iraq invasion, and the nightmare we have faced ever since from the region. Schein’s grade for Bush? C-.

And who can forget Monica Lewinsky and scandal-prone Bill Clinton, earning a D-.

College campuses must safeguard free speech rights

As Schein is both an attorney and college professor, we asked if he has personally experienced threats or fears and interference with his own free speech rights when lecturing on college campuses, and unless remedied, what this means for our democracy.

“I am welcomed around the country to speak to Libertarian clubs and to conservative organizations, even though I do not give an especially high grade to Ronald Reagan. On the other hand, I have been warned that I may not get a warm reception on college campuses because many faculty and students do not like to see any criticism of people like Bill Clinton or Barack Obama.

“Free Speech Zones, which have cropped up on many college campuses across America, are a perversion of the term free speech. This is the kind of stuff the Nazis and the USSR did to suppress opponents. They said, ‘Sure you can say anything you like so long as we approve of it.’

“This deprives students of the opportunity to hear multiple views so that they can exercise their own judgement. By definition, college students do not know it all and unless they allow themselves to be exposed to different viewpoints, will never develop critical thinking skills,” he strongly maintains.

“It is a sad situation that threatens our democratic principles. When highly paid attorneys do the bidding of a college administration and fight to justify these clearly unconstitutional free speech zones, it is waste of money and an embarrassment to the legal profession.”

Merger mania threatens competition

Almost 20 years ago, two giant oil companies – Exxon and Mobil – were allowed by the Department of Justice (DOJ) to merge. This, as Schein documents, began what has been referred to as “merger mania.”

“By allowing that merger, other large companies began to merge, and the result is a real threat to what makes American business so great, and that is competition. As an example of mergers which the DOJ has prevented, just look at the number of cell phone companies we have, which has helped the consumer,” he underscores.

Schein asks this question: “We know that consumers benefit from competition among the cell phone companies. How much better would it have been if Exxon and Mobil were not allowed to merge? Fewer competitors make it harder to have competition for goods and services. And, we should not forget that within one year of that merger, the combined oil company shed 14,000 jobs.”

At the present time, CVS is trying to buy Aetna Health Insurance.

“I am very concerned about this merger. American health care needs more, not less, competition. We should not forget that Aetna tried to buy rival health insurer Humana not that long ago. The DOJ sued to block the deal, saying it was anti-competitive and would lead to unfair price increases.”

Department of justice and FBI have become political

Schein echoes the feelings of many people who are “thoroughly disgusted with how politics entered the DOJ in the Obama era with Attorneys General Eric Holder and Loretta Lynch. Both were extremely political. Just as the FBI is under assault now for being political, the DOJ has hurt its reputation for the same reason.”

Dr. Schein concluded our interview with food for thought:

“If we as Americans cannot count on anything coming out of Washington to be non-partisan and to be done in our singular best interest, we have some real problems.”

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

The post Is America on the decline? appeared first on Dennis Beaver.

“I am writing behalf of myself and co-workers at a restaurant and night-club in a California Central Valley town where your column is widely read.

“We are constantly exposed to insanely loud music, the idea of our new manager, wanting ‘to have a livelier atmosphere.’ It is so ‘lively’ that several of us are experiencing ringing in our ears, sometimes after just an hour or two on the job.

“Because there is no carpeting or other acoustic treatment, often it is so noisy that employees have to shout at each other in order to be heard. It feels like your head is in a metal trash can and someone is banging on it!

“We have all embarrassingly messed up beverage and food orders because it was not possible to understand the customer.

“Our requests to lower the volume and have sound-dampening material installed were refused, the manager curtly telling us: “Bars are noisy and customers want a loud environment. If you don’t like it, then find a job elsewhere. But don’t worry, it isn’t so loud as to harm your hearing. You’ll get used to it.”

“Is he right? We would all appreciate your comments and some direction. Thanks, Kim.”

Need to shout? Your hearing is at risk

Does Kim and her co-workers have anything to worry about, or if unhappy, should they just find a job elsewhere? What are the indications that occupational noise is loud enough to cause permanent hearing damage? Are there legal protections for workers in noisy environments?

For answers, You and the Law spoke with one of the nation’s foremost experts on hearing conservation, Indianapolis-based Elliott Berger, division scientist for the 3M Personal Safety Division. For over 35 years, Berger has studied hearing protection and authored numerous articles and textbook chapters.

“An employee in this situation is describing occupational exposure to what we refer to as potentially hazardous levels of noise which can cause permanent hearing loss,” Berger stated, adding, “and your reader’s comments highlight two often found consequences of exposure to dangerous levels of noise which over-stress nerve cells in the inner ear.

• Shouting in order to be heard at arm’s length, and;
• Ringing in the ears after you leave the noise and are in quiet surroundings.

“Potentially hazardous noise means that you have been exposed to a sound level of 85 decibels or more for at least 8 hours on a consistent basis. When this occurs, it may result in permanent hearing loss for a portion of the population unless hearing protection devices are worn,” he stressed.

“Examples of 85 decibels would include a gas lawn mower, a noisy vacuum cleaner and many hair dryers.”

Risks not well known but Disney protects its employees

“The sad occupational reality is a failure to understand the risks or know what is needed to safeguard hearing. One admirable employer is the Disney Corporation, as its theme parks provide hearing protection to employees in bar and music entertainment areas,” Berger points out.

Even the CDC–Centers for Disease Control–are paying attention to what they call Music Induced Hearing Loss, and have stated that everyone who works at a night club is at risk–bartenders, security, wait staff–not just the DJ. In a 2013 study, they found noise levels to exceed 95 decibels, sometimes reaching 108 decibels, and at these levels, hearing protection is mandatory under federal law.

When government agencies charged with enforcing the law sit on their hands, hearing-aid companies are thrilled. In our opinion, the California Department of Industrial Relations (CalOsha) is completely deaf when it comes to noise issues concerning bars and nightclubs.

Information they provided You and the Law revealed no reported action taken against a single bar or nightclub for excessive noise in the past several years.

Dangerous levels of noise exposure more common today

“The opportunity for not just employees–but members of the general public–to be exposed to potentially dangerous high sound levels is far more common now than ever before,” Berger points out, citing the “readily available powerful amplification equipment used today at rock concerts, recreational activities — even weddings — creates loud sounds with a greater potential to damage hearing,” he stated, and then asked what these four things have in common:

• A monster truck rally;
• A basketball game in an arena with 18,000 screaming fans;
• Using a chainsaw;
• A rock concert.

“They all generate sound levels above 95, a chainsaw and rock concert coming in at 105 decibels, and some basketball game in enclosed arenas have been measured at well over 115 decibels.”

Protect yourself before trouble starts

For anyone about to begin a job in a noisy environment, or who has ever worked in one, then next week’s story will be of special interest as we look at noise-related workers compensation claims and hearing loss prevention.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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Most of us would rather not take the time to fire off a complaint letter after receiving poor service or purchasing a product which didn’t live up to expectations. We just spend our money elsewhere.

But as “Hector,” VP of Consumer Affairs for a national consumer products corporation tells You and the Law, “We look forward to getting these letters from our customers. “When we drop the ball, we need to be told. A well-written complaint letter is far more valuable than most people realize.”

So, just what does a “Well-written complaint letter” look like? We’ll tell you in a moment, but, first, let’s look at letters which are destined to yield no positive results.

“Are they nuts, or what?”

Daily, this column hears from readers after all their efforts to obtain help for a problem have been exhausted. By the time we are contacted, they are completely fed up.

 Occasionally we receive a novel – 50 pages, copies of receipts, emails, you name it, tracing everything done to resolve the issue and listing everyone who was also sent the same material. This usually includes their Congressional representative, U.S. Senator, federal and state consumer protection agencies, plus about 25 others.

“And this does produce results, but not what the sender had in mind,” Hector stated, “because there is no way anyone is going to spend hours making sense of it all, yet the last page always states, ‘But no one has replied! Can you help us?’

“Sadly, while there could very well be a legitimate complaint, the sender does succeed at something, as we think ‘Instead of a one page summary, we get this.’ And they think we are going to waste our time going through it. Are they nuts, or what?”

My office staff skims page after page to get an idea of what’s wrong, followed by a phone call to our reader. What almost always started out as a legitimate complaint has now become an obsession, likely due to the fact their letters were being ignored.

Our reader didn’t have the slightest idea about how to write a complaint letter that had a good chance of (1) being read, and (2) getting positive results.

There’s an art to writing that kind of a complaint letter, and we’ve got a few pointers which are proven to work, and will prevent the necessity of yanking out any more strands of hair.

Being polite builds your credibility

Remember when you had an argument with a close friend or family member over what in reality was nothing more than a slight annoyance, but insults flew? Did anger help resolve the problem or make it worse? Did one or both of you succeed in hurting the other’s feelings? If so, what did that accomplish? Did it harm your relationship?

So, rule number one in complaint writing is simple: Don’t be a jerk. Don’t swear. Above all, be polite. You must establish being reasonable and wanting a resolution of the problem with the least hassle.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

The post Properly written, complaint letters are good for business appeared first on Dennis Beaver.

Hanford reader Garry Pierce is a very good customer of National Car Rental, with close to 100 rental days yearly. He has earned the highest tier in their Elite Isle Emerald Club, and his customer profile lists vehicle preferences, declining the rental company’s expensive and often unnecessary insurance coverage. “Not only do they provide excellent customer service, but all he has to do is to walk to the Elite Isle, find his car, drive to the check-out hut, show them his license, credit card and Emerald Club card, and that’s it,” Laura Pierce wrote in an e-mail at one in the morning, Thursday, Sept. 7, 2006.

It was a plea for help, from a reader who had tried everything possible to solve a potentially embarrassing and costly problem resulting from a serious mistake made by a National Car Rental employee in Las Vegas. I read it at 8 that morning.

You’ve got insurance!

Weeks earlier, using the National on-line reservation Web site, Laura reserved two vehicles to be picked up at the Las Vegas airport, one for her and her husband and the other for their daughter. “We were using Garry’s free car credits for one of the rentals, and with taxes, the entire bill should have come to under $100 but somehow, the gal at National’s counter, despite all the information in Garry’s preferences declining insurance, added every insurance possible! In the past, all he would do was to initial the contract, and as the preferences were initialed where instructed, he did not closely read the fine print in which this unnecessary and unwanted insurance was added. He just assumed it would be as it always was in the past,” Laura explained.

When the cars were returned to National, Laura and her husband were handed a bill that was over $400. “His employer permitted employees to use these points for discounted or free rentals, but this kind of a bill – which we would probably have to pay – would be an embarrassment,” she explained when we spoke later that morning.

Laura faxed me everything concerning these rentals, and indeed, it was clear that the National employee in Las Vegas had somehow failed to read the reservations or Garry’s preferences.

You signed, tough luck!

Prior to her e-mail, Laura phoned National’s Customer Service Center and spoke with “the most uncaring managers you could imagine. Their attitude was arrogant and completely unhelpful, repeating, “Your husband didn’t read the contract – pay the bill!”

In my opinion, this was not the way a loyal National customer should be treated, even if Garry didn’t closely read the rental agreement. After all, he assumed – based on prior experiences – that any contract form presented would be correct, and was always that way in the past. Legally, they had established a “course of dealing” and an oversight by a sloppy clerk should change nothing.

National needed to remove most of those charges, and I felt confident that once I reached the right person, that would indeed be the result.

Arriving at my office at about 9 that morning, I phoned National, which is based in Tulsa, Okla., and is part of the giant Vanguard Car Rental Group. With Alamo and National as their main brands, they rank third behind Avis and Hertz among U.S. car rental companies. In my experience, when you reach the right person, things happen – quickly.

Voice mail that worked

I was referred to Charles Pulley, director of corporate communications and was connected with his voicemail. “Hi there, my name is Dennis Beaver and I really need your help in resolving a reader’s problem,” I said. Leaving the rental contract numbers, I explained what had happened and asked him to look into it and call me back.

I next phoned Laura and told her that we were in contact, and I expected a call back, but when I could not say. No sooner had I hung up from her, when Mr. Pulley called. “We are researching this right now and someone will be back with you today,” he assured me.

Pass the Kleenex

At 11:45 that morning, Laura called me. “Mr. Beaver, National just phoned! They apologized and are removing all the incorrect charges. I was so worried and didn’t want my husband to be in a bad situation at work.” And then she began to cry.

“No one would listen to me at National. It just seemed so unfair, and I blamed myself in part,” she said, softly. “Nothing at all happened until you called!” she whispered, but I could hear her still crying.

“Laura, it’s OK now, and please don’t cry, because if you keep it up, I’m going to start to cry myself!” I said. It made her laugh.

And then, my other phone line rang. It was National. “Mr. Beaver, we found the mistake and have reversed all the improper charges,” a professional sounding voice said. “Please accept our apologies for the inconvenience to your reader.”

Apology accepted.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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“Dennis, spend a day in the shoes of a high school human relations manager and you’ll be amazed at the immaturity and outright deception shown, not by students, but the teachers. Given the bickering, pettiness, unbelievable lack of common sense and at times harassing behavior found in so many high schools, you have to wonder what the kids are learning.”

“But it’s not just the teachers who lack common sense, as far too often clueless HR people become unwitting co-conspirators of a manipulative, dishonest employee with an agenda and a plan to make a colleague’s life miserable.”

Those were comments from the human resources manager at a California high school district who You and the Law consulted for this story with the understanding that neither his location nor name would be revealed.

I’ll have one lamb and a shepherd boy, rare, please.”

As we all remember, “The boy who cried wolf” is one of Aesop’s Fables standing for the proposition that even when liars tell the truth, they are not believed.

In the fable, a shepherd boy tricks villagers into thinking that a wolf is attacking his flock by yelling Wolf! Wolf! Of course, all run to help, finding no wolf, only a boy laughing at the sight of everyone racing to his aid.

However, after repeating the same not-so-practical joke one time too many, when a real wolf appears, his screams are ignored, the boy and a sheep becoming dinner for the wolf.

He is obsessed with you

“Like the fable, common sense and experience, should lead management to conclude that repeated, unproven complaints from one employee about another means that the person doing the complaining is the problem.

“But when you keep on investigating a person shown to have done nothing wrong, then you are just begging to be sued,” he stressed.

In December of 2014, You and the Law observed — dumbfounded — as HR staff from a Southern California high school district grabbed a shovel and began digging a hole for itself by tossing common sense out the window in a matter which began in late 2011 and could have been titled: You’ll Be Sorry, signed Kerry.

His repeated advances ignored by “William,” between from 2011 to 2013, “Kerry” filed three virtually identical claims of “harassment,” all of which were found “completely unsubstantiated” after HR investigated.

After being warned by his principal, “Kerry has an obsession with you,” William asked for and received a transfer to a different high school, but that did not prevent a fourth complaint. Instead of refusing to put an innocent teacher through more grief, HR, once again, began an investigation.

How much trouble can the employer get into?

“An employer should never let itself become the alter ego of an employee who has an issue with a co-worker. This HR department doesn’t get the message: they hear Wolf and keep on responding,” commented Bakersfield Labor Law attorney Jay Rosenlieb.

“Employers have a duty to investigate credible complaints. If they fail, this becomes a violation of their obligations to their employees. However, by continuing to investigate claims that clearly have no basis, then they have liability to innocent employees.

“Here, the credibility of the school’s HR department is called into question. By continuing to accept and investigate these complaints, when they have reason to doubt their validity, they fail to ask the question “Who is the bad guy?”

“Certainly after the second unsubstantiated claim, the district is looking more and more like a dunce, if not a co-conspirator,” Rosenlieb points out.

“The more they investigate and find nothing, the innocent teacher now acquires the basis to file a workers compensation stress claim. Obviously, anyone going through what he did will suffer greatly,” he underscores.

“The subject of the investigation has already had his career path unnecessarily altered by transferring to another school.”

Advice to employers

“When investigating complaint by one employee against another, employers have a legal duty to ask, ‘Do they have an ax to grind?’ This is basic to the investigative process.

“Failing that, the employer runs the risk of not conducting a full and complete inquiry and becoming a tool in a private dispute.

“Employers must always be alert to credibility issues and ulterior motives when accepting complaints. To do otherwise will expose the employer to liability and could harm an otherwise upstanding and productive employee,” Rosenlieb concluded.

To that, we add the following food for thought:

The most valuable asset of any employer are its people: strong, engaged, productive — who want to be there.

Give them a reason to doubt your credibility, and forever you’ll be hiring new employees at great cost.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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Let’s say that you have purchased a used 2003 Toyota Matrix with 97,000 miles on it at a very good price from a local used car dealer. Now, you did wonder if the mileage was really that high, as the car seemed to be in extremely clean condition. But neither you nor the used car dealer knew this vehicle had a peculiar odometer that could easily be misread. The salesman did misread the numbers big time – making an almost 50,000 mile error.

The car you bought had less than 50,000 miles, not 97,000, but no one knew that at the time. Thinking it was a high mileage car, and wanting a safety net, you also bought an extended warranty for about $1,400. Away you drove a happy customer on June 12, 2006.

But the very next day, pushing the reset button on your car’s odometer you discover the true mileage. Yes, you probably did get a good deal, but something tells you that there’s a real problem brewing here. “What should I do?” is the question you ask yourself.

Eureka reader Rebecca Rothman asked herself that same question, as it was her Toyota that is the subject of today’s story. A longtime reader, her e-mail zeroed in on one of the critical issues: We realize the extended warranty – 2 years or 24,000 miles – will be void if we do not get the mileage amended. What should we do as we can’t afford to pay for repairs, but need the safety net of an extended warranty? Your advice would be appreciated.

I phoned her back within hours. “Yup, you have a real problem here, Rebecca, as if you try to use the warranty, ever sell the car, or get into an accident and mileage becomes an issue, someone is going to accuse you of fooling around with the odometer. But something tells me we are going to solve this for you in a hurry,” I said.

Help from an unexpected source

Rebecca wanted to keep the car and an extended warranty was important to her. While in my experience, most are of doubtful value – if any at all – except to the dealer selling them – at times the customer gets lucky and the warranty company actually agrees to pay for needed repairs. In my opinion, if you want an extended warranty, it is best to buy one from a factory authorized dealer and only a warranty that comes from the manufacturer or is backed by the auto maker.

Over the years, writing this column has brought me in contact with auto dealers all over the country. While there are exceptions, I think that it is safe to say today’s factory authorized dealer – across the board, regardless of make – adheres to much higher ethical standards than ever before. Manufacturers do not want and cannot afford to have bad apples, in either sales or service; in large part due to Lemon Laws and other consumer protection rights we take for granted.

Given a chance to help a customer – even where they did not sell the car – good dealers will do what they can. That was precisely what happened when I phoned Mid City Toyota in Eureka and spoke to salesman Matt Perreault.

“Matt, I need your help. My reader, Rebecca Rothman, purchased a 2003 Toyota Matrix from Roy’s Auto Center in Eureka and they made a mistake on the mileage. It has less than 50,000 – not 97,000 miles. She also bought a $1,400 extended warranty. It is clear to me that when this is brought to Roy’s attention, they will rewrite the contract to correctly show the mileage, but in my opinion, unless the extended warranty is from a manufacturer, it’s a huge gamble and I have told Rebecca that. Even though she did not buy this used car from Mid City Toyota, can you get her into a Toyota warranty?”

“Absolutely! Anything to help,” he immediately replied, adding, “and I will talk with our finance and insurance manager, Mike Travis, and see what kind of a price we can get her.”

Your right to cancel extended warranties

I phoned Rebecca and told her to expect a call from Matt at Mid City. I also told her that she has the absolute right under California law to cancel that used car extended warranty. “Civil code Section 1794.41 states that within the first 30 days, if no claims have been made, the full amount shall be refunded.” They will not give you a problem with this refund and should actually re-write the contract so that you do not pay finance charges on that part of the transaction,” I said.

“Now, I want you to go right back to Roy’s with your boyfriend, explain the problem and be aware of one more possible issue,” I told Rebecca. “What’s that?,” she asked, with a tone of voice that told me she had either been warned of what I was going to say, or was a mind-reader.

“A legal argument could be raised that the entire contract should be canceled, due to the mistake, for had Roy’s known the true mileage, they would have offered the car for sale at a much higher price. However, as it was their mistake – and they had the ability of correctly determining the real mileage – I believe they are legally bound to sell you that car, even if the price is less than what it could be. But from what I have heard about Roy’s from the people at Mid City, they are a reputable dealer and will not ask for any more money,” I said.

Done deal

Rebecca did as I instructed. With her boyfriend, she went back to Roy’s, explained the problem, and Cindy, the office manager, immediately discovered how the mileage error occurred. She took care of changing all the DMV and financing documents to reflect the correct mileage, and, at Rebecca’s request, canceled the extended warranty.

Rebecca left promising to buy another car from them soon – and Mid City Toyota got her into a three-year Toyota Platinum warranty, at a greatly discounted price. She is one happy camper, and I have had the pleasure of speaking with some very nice people who are testimony to the good things about small town America.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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