|
he;lp. How are lost wages damages calculated for employees who are fired while they are in a probationary period at the start of their employment? And, would reinstatement even be a possibility?
|
#
?
Jun 8, 2010 02:11
|
|
|
|
| # ? May 15, 2024 15:32 |
|
|
Tetrix posted:he;lp. How are lost wages damages calculated for employees who are fired while they are in a probationary period at the start of their employment? And, would reinstatement even be a possibility? Expert economist usually does it. It's usually a weekly wage times a period of time with calculated interest. But front pay is speculative as gently caress, that's why most statutes just allow for reinstatement. However, people really don't want that employee back and don't want to gently caress with a lawsuit, so they just pay you off. Depends why they are fired. Federal wrongful termination under SOX allows for reinstatement, back pay, interest and attorneys' fees plus reinstatement. No front pay. I don't know your wacky rear end state law. If your wacky rear end state law allows for front pay, make drat sure you've got a jury trial. Jury verdicts get deference but judicial verdicts get hosed in terms of damages when the case is appealed. G-Mawwwwwww fucked around with this message at 02:33 on Jun 8, 2010 |
|
#
?
Jun 8, 2010 02:22
|
|
|
The Warszawa posted:This is completely par for the course, as far as my limited June 09 experience with the LSAT goes. Incredulous Red posted:Happened at the Boneventure in Los Angeles as well. Started 3 hours late. Also I'm reconsidering law school simply based on the people I met there. The biggest group of annoying, loudmouth douchebags I've ever seen. The fact that I fit in seamlessly with them is making me contemplate suicide.
|
|
#
?
Jun 8, 2010 02:32
|
|
|
Hired Gun posted:Also I'm reconsidering law school simply based on the people I met there. The biggest group of annoying, loudmouth douchebags I've ever seen. The fact that I fit in seamlessly with them is making me contemplate suicide. Suicide is likely a better option than law school. Just saying.
|
|
#
?
Jun 8, 2010 02:44
|
|
|
CaptainScraps posted:Expert economist usually does it. It's usually a weekly wage times a period of time with calculated interest. But front pay is speculative as gently caress, that's why most statutes just allow for reinstatement. However, people really don't want that employee back and don't want to gently caress with a lawsuit, so they just pay you off. How is reinstatement even an option? Couldn't they just be reinstated back into the probationary position and fired for any reason?
|
|
#
?
Jun 8, 2010 03:20
|
|
|
7StoryFall posted:Suicide is likely a better option than law school. Just saying. At the very least, being in law school/being an attorney should get me laid. Just mentioning that I was thinking about law school/taking the LSAT led some women to be into me. Hired Gun fucked around with this message at 03:29 on Jun 8, 2010 |
|
#
?
Jun 8, 2010 03:24
|
|
|
Tetrix posted:How is reinstatement even an option? Couldn't they just be reinstated back into the probationary position and fired for any reason? If that's the case, then it's back to court because you were fired for the same drat reason. Generally (GENERALLY, if you're in state court look up your own case law, this is for feds) a plaintiff has to present, via a preponderance that 1) An employee engaged in a protected activity; 2) That the employer knew about that activity; 3) The employee suffered an adverse employment action; and 4) That the protected activity was a contributing factor in the adverse employment action. However, if you demonstrate via a preponderance of the evidence a prima facie case, the burden shifts over to the Defendant to demonstrate that the protected activity was NOT a contributing factor to the adverse employment action via clear and convincing evidence. The courts usually allow for temporal proximity to serve as a presumption of causation but for the most part, you need something. G-Mawwwwwww fucked around with this message at 03:34 on Jun 8, 2010 |
|
#
?
Jun 8, 2010 03:32
|
|
|
GamingHyena posted:How are things at the SEC anyways? Nah, I'm just doing appellate 1st amendment civil rights law. On porn. I spent the evening looking through nude photos trying to determine what counted constitutionally as 'obscene.' Best. Job. Ever.
|
|
#
?
Jun 8, 2010 04:00
|
|
|
Guys I didn't get an 80-something in everything this semester! I got an 80-something in everything except for one 90 in a one-credit-hour writing component! 
|
|
#
?
Jun 8, 2010 04:02
|
|
|
JudicialRestraints posted:Nah, I'm just doing appellate 1st amendment civil rights law. On porn. I spent the evening looking through nude photos trying to determine what counted constitutionally as 'obscene.' Did you know it when you saw it?
|
|
#
?
Jun 8, 2010 04:58
|
|
|
Hired Gun posted:I can't understand why they'd hold it in an expensive downtown hotel ballroom instead of at some local school where they could use teachers who have actually administered tests before. LSAC trains people to proctor, though they usually are people employed by the facility (so they know how to deal with things like temperature issues, etc.) and there's a protocol as well. It seems to render everyone equally incompetent, as I had mine at a college with people who had proctored before and poo poo still dragged on. And yeah, apparently everyone who goes to law school is a smug loudmouth douchebag, and if you keep that process going you'll get that confirmed at admissions events (if you're still in undergrad) and admitted students weekends. Except for Yale everyone who goes to Yale is nice and awesome. 
|
|
#
?
Jun 8, 2010 11:41
|
|
|
Ainsley McTree posted:Did you know it when you saw it? No actually, under the applicable code I had to search the pictures in question for 'visible signs of arousal.' Needless to say, these signs are not readily apparent and I had to investigate the pictures closely. Very closely. E: Just got my last non-writing grade. You know A+s? Apparently they do give those out. 
JudicialRestraints fucked around with this message at 13:29 on Jun 8, 2010 |
|
#
?
Jun 8, 2010 13:13
|
|
|
JudicialRestraints posted:E: Just got my last non-writing grade. You know A+s? Apparently they do give those out. Congrats, but my laziness and lack of effort (which included studying for 1 day before these classes) this semester garnered me B+'s and an A in Property so far. Just need Althouse to stop updating her loving blog and turn in my con law grade. Law School grades. A joke.
|
|
#
?
Jun 8, 2010 13:52
|
|
|
The Warszawa posted:LSAC trains people to proctor, though they usually are people employed by the facility (so they know how to deal with things like temperature issues, etc.) and there's a protocol as well. It seems to render everyone equally incompetent, as I had mine at a college with people who had proctored before and poo poo still dragged on. Yeah, I was at UIC for about 7 hours yesterday, and the whole thing was a shitshow. Some things were definitely not done by the book, others were pedantic to the point of farce.
|
|
#
?
Jun 8, 2010 18:51
|
|
|
Yojimbo Sancho posted:Law School grades. Not to employers!
|
|
#
?
Jun 8, 2010 19:38
|
|
|
CaptainScraps posted:bullshit Hey Scraps, I'm fine with putting up with your bullshit rambling about malpractice, but please stop talking out of your rear end about employment law.
|
|
#
?
Jun 8, 2010 20:36
|
|
|
HiddenReplaced posted:Hey Scraps, I'm fine with putting up with your bullshit rambling about malpractice, but please stop talking out of your rear end about employment law.  Granted I know nothing about employment law but where did he misspeak?
|
|
#
?
Jun 8, 2010 20:50
|
|
|
HiddenReplaced posted:Hey Scraps, I'm fine with putting up with your bullshit rambling about malpractice, but please stop talking out of your rear end about employment law. Well hell son, by all means hop in. I'm doing a legal malpractice suit for wrongful termination right now so I've left out some poo poo he might have to deal with. I also don't know if he's doing federal or state, if it's state it's likely completely different. But for federal, I'm using Allen v. Administrative Review Bd.(I left some poo poo out about filing with the secretary of labor or whoever the gently caress he works for, I don't gotta deal with that part save for the burden shifting.) Edit: I'm also operating under the assumption that, since it was a probationary period, a breach of contract claim doesn't apply. Even if a contract claim did apply, if you were going to calculate front pay, you'd still need an expert economist to calculate front pay and reduce it to present value. Kisses. G-Mawwwwwww fucked around with this message at 21:43 on Jun 8, 2010 |
|
#
?
Jun 8, 2010 20:53
|
|
|
Yojimbo Sancho posted:Just need Althouse to stop updating her loving blog and turn in my con law grade. when im good and ready!!! __________________________________/ 
|
|
#
?
Jun 8, 2010 20:54
|
|
|
What is up with Martindale-Hubbell ratings? Maybe I'm just disillusioned with rankings in general after seeing Cooley get passed over time and again by US News, but my gut says that an M-H AV rating doesn't mean that much. Anybody have any experience with their system? Does it actually say anything about the firm/its attorneys? ps - all this time i'm eating up waiting for grades that never come is really pushing me above my recommended daily allowance of total bullshit
|
|
#
?
Jun 8, 2010 21:09
|
|
|
Roger_Mudd posted:
suggesting SOX whistleblower for reinstatement and the case law around it is not the general rule or use for emoyment termination. When in doubt, Title VII and mcdonnell Douglas. Posting from phone.
|
|
#
?
Jun 8, 2010 21:24
|
|
|
HiddenReplaced posted:suggesting SOX whistleblower for reinstatement and the case law around it is not the general rule or use for emoyment termination. When in doubt, Title VII and mcdonnell Douglas. Posting from phone. If Title VII is indeed the standard, listen to him. I played with some Title VII stuff but only enough to relate it to current case issues. They're similar in some respects but gently caress it, I'm not your lawyer. G-Mawwwwwww fucked around with this message at 21:37 on Jun 8, 2010 |
|
#
?
Jun 8, 2010 21:33
|
|
|
scribe jones posted:when im good and ready!!! I'd hit it god lawschool is full of unattractive people
|
|
#
?
Jun 8, 2010 22:43
|
|
|
J Miracle posted:I'd hit it she's also dumb
|
|
#
?
Jun 8, 2010 22:45
|
|
|
CaptainScraps posted:Well hell son, by all means hop in. I'm doing a legal malpractice suit for wrongful termination right now so I've left out some poo poo he might have to deal with. I also don't know if he's doing federal or state, if it's state it's likely completely different. It's a whistleblower statute in MA. And from my circuitous research today, I guess front pay is a possible remedy. The plaintiff does have a duty to mitigate, but it does seem like the plaintiff could get a pretty big reward, especially in this economy when it's hard to find a job. I am only assuming that the statute applies to probationary period employees because it (seems like) it applies to at-will employees. The lawyer that assigned this to me just thought it didn't make sense that someone should be paid or reinstated when they were in the probationary period, so they have no real vested right to wages.
|
|
#
?
Jun 8, 2010 23:19
|
|
|
Tetrix posted:It's a whistleblower statute in MA. And from my circuitous research today, I guess front pay is a possible remedy. The plaintiff does have a duty to mitigate, but it does seem like the plaintiff could get a pretty big reward, especially in this economy when it's hard to find a job. I am only assuming that the statute applies to probationary period employees because it (seems like) it applies to at-will employees. The lawyer that assigned this to me just thought it didn't make sense that someone should be paid or reinstated when they were in the probationary period, so they have no real vested right to wages. So there's a vacancy is what you're saying
|
|
#
?
Jun 8, 2010 23:24
|
|
|
evilweasel posted:I got the same grade on an exam I didn't study for and legit thought I failed as I do on all the others. Mr. Fictitious posted:My grades still aren't out but I imagine I'll do exactly the same as I did last term even though I did about half as much work and didn't even finish an outline for one of the classes 7StoryFall posted:I'm hoping to win the lotto (on my grades).
|
|
#
?
Jun 8, 2010 23:37
|
|
|
scribe jones posted:when im good and ready!!! I never want to see that much cleavage of one of my professors ever again. And grats to Yojimbo and JR! Way to ride the A-train.
|
|
#
?
Jun 8, 2010 23:41
|
|
|
methamphetamine posted:Nonetheless, the general rule is that work, by that I mean LOTS of blood, sweat, and tears, will result in high grades.
|
|
#
?
Jun 8, 2010 23:45
|
|
|
Ainsley McTree posted:So there's a vacancy is what you're saying But to attempt to actually answer your question (without having done any research mind you) I can't imagine any reason why the whistleblower statute wouldn't apply to a probationary employee unless there's something in the statute or the regs or a case that says so. If it applies to at-will employees, why wouldn't it apply to ones in a probationary period? Isn't that the whole point of employment laws, to restrict the employer's generally unmitigated power to fire people who have no job security in their contract? It wouldn't be legal to fire someone in violation of anti-discrimination statutes just because they're in a probationary period (as far as I know - again, haven't done any research), why would the whistleblower statute be any different? I'd assume that normal remedies would apply I'm gonna round that up to 12 minutes, I'll send you an invoice
|
|
#
?
Jun 8, 2010 23:46
|
|
|
methamphetamine posted:These sorts of posts are really misleading and are doing a disservice to incoming 1Ls. I recognize the frustration that some people have by the fact that grading is not always perfect, that different classes carry different curves, and that going from a B+ to an A- or an A is an enormous amount of effort. Nonetheless, the general rule is that work, by that I mean LOTS of blood, sweat, and tears, will result in high grades. At most schools, everyone is pretty smart, so the only thing that really separates people out on the curve is the amount of effort people put in. I know a lot of the people at the top of the curve and they all work really hard. I also know people who are creepily smart who are below median because they don't work very hard. The point is, if you want good grades be prepared to work hard. Don't assume it's random or that you need some genetic lawyerly thinking trait to get good grades. Of course, but there is still a significant amount of randomness between steps on a curve (e.g. between an A- and an A), especially on easier exams. Grading, to a degree, is subjective and in many cases structured to a curve. Sure, significant amounts of work will likely shift you up the curve--assuming not everyone is putting in the same amount of work--but one mistake or missed issue on a 3-4 hour exam could be the difference in a single grade step.
|
|
#
?
Jun 8, 2010 23:47
|
|
|
Ainsley McTree posted:But to attempt to actually answer your question (without having done any research mind you) I can't imagine any reason why the whistleblower statute wouldn't apply to a probationary employee unless there's something in the statute or the regs or a case that says so. If it applies to at-will employees, why wouldn't it apply to ones in a probationary period? Isn't that the whole point of employment laws, to restrict the employer's generally unmitigated power to fire people who have no job security in their contract? It wouldn't be legal to fire someone in violation of anti-discrimination statutes just because they're in a probationary period (as far as I know - again, haven't done any research), why would the whistleblower statute be any different? I'd assume that normal remedies would apply Bill in .25 hour increments. Unrelated: http://abovethelaw.com/2010/06/michigan-lawyer-ryan-hill-has-a-funny-way-of-showing-marriage-matters/
|
|
#
?
Jun 8, 2010 23:49
|
|
|
builds character posted:Bill in .25 hour increments. Does anyone really bill in .25 increments? If I make 4 five minute phone calls for different clients, can I really bill them collectively an hour for 20 minutes of work?
|
|
#
?
Jun 8, 2010 23:58
|
|
|
Grades in. 3.88 again  EDIT: Once again I want to thank the DropBox crew and everyone who contributed to the Waves. You guys are seriously awesome. sigmachiev fucked around with this message at 03:14 on Jun 9, 2010 |
|
#
?
Jun 9, 2010 02:24
|
|
|
CaptainScraps posted:They're similar in some respects but gently caress it, I'm not a lawyer. fixed
|
|
#
?
Jun 9, 2010 02:59
|
|
|
GamingHyena posted:Does anyone really bill in .25 increments? If I make 4 five minute phone calls for different clients, can I really bill them collectively an hour for 20 minutes of work? My firm does.
|
|
#
?
Jun 9, 2010 03:14
|
|
|
7StoryFall posted:Of course, but there is still a significant amount of randomness between steps on a curve (e.g. between an A- and an A), especially on easier exams. Grading, to a degree, is subjective and in many cases structured to a curve. Sure, significant amounts of work will likely shift you up the curve--assuming not everyone is putting in the same amount of work--but one mistake or missed issue on a 3-4 hour exam could be the difference in a single grade step. I got a B+ on a one-credit Microeconomics for Lawyers class, other than that I've gotten all As and 5 book awards and worked my rear end off so to me this "law school grades are arbitrary" stuff kinda sounds like loser talk
|
|
#
?
Jun 9, 2010 04:07
|
|
|
evilweasel posted:My firm does. When I worked for a consulting firm before I got into lawyerin' that did expert witness work we billed .25 as well.
|
|
#
?
Jun 9, 2010 04:12
|
|
|
JudicialRestraints posted:No actually, under the applicable code I had to search the pictures in question for 'visible signs of arousal.' Needless to say, these signs are not readily apparent and I had to investigate the pictures closely. Very closely. I got an A+ in copyright and attended class precisely twice. -e- and I attended every goddamn day of International Technology Licensing Agreements and got a B+. poo poo be arbitrary.
|
|
#
?
Jun 9, 2010 04:16
|
|
|
|
| # ? May 15, 2024 15:32 |
|
|
GamingHyena posted:Does anyone really bill in .25 increments?
|
|
#
?
Jun 9, 2010 04:16
|
|
