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Old Man Pants
Nov 22, 2010

Strippers are people too!

bigpolar posted:

What type of job are you in that you need self defense training? I worked as a bouncer and event security while I was in college and I was never required to take self defense courses.

I'm a dj at a strip club. Just to clarify: these classes arent "true" self defense and are more "how to not look like the instigator on camera in case we get sued, and if you dont use these we wont protect you in court".

I've been doing this for 7 years, and never even had to armbar someone. Even if it came to that, I'd probably just close the door to the dj booth and have a seat.

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woozle wuzzle
Mar 10, 2012
Beyond the practicality of suing some one for slander based on an article based on twitter...


In general, naming and accusing a private figure of committing a felony is actionable. So in a vacuum, there's a kernel of something to talk about. But every bit of that unravels in this specific example. The article doesn't directly accuse any specific person of committing a felony, it's kinda distanced. It just vaguely mentions terrorism and death threats without names or specific citations. The examples are more generalized, and the identities are only twitter handles including "rap game prune tracy". Then add on top of it that it's a lame tumblr kinda article that won't reasonably impact the listed people.

Based on all that, even if you had infinite resources and wanted to sue the article author just for fun, there's no lawsuit there. There's no direct accusation, and the thing isn't public enough to cause a problem. (In other words, writing "Call Arcturas for a good time" is treated differently if it's on a bathroom stall or the front page of the NYT)

bigpolar
Jun 19, 2003

Old Man Pants posted:

I'm a dj at a strip club. Just to clarify: these classes arent "true" self defense and are more "how to not look like the instigator on camera in case we get sued, and if you dont use these we wont protect you in court".

I've been doing this for 7 years, and never even had to armbar someone. Even if it came to that, I'd probably just close the door to the dj booth and have a seat.

So, it's more of a liability thing? How long is the course (1 hour, or a full 40 hour workweek) , and are you getting paid to take it?

I'm not a lawyer, but I would guess that in this case the club could claim or is unlikely that any females would be seen as instigator and thus there is no reason to pay for them to take the class. It doesn't seem like discrimination, just a rare case where men and women are justifiably viewed differently by customers.

Arcturas
Mar 30, 2011

woozle wuzzle posted:

writing "Call Arcturas for a good time" is treated differently

To be fair, I'd have to worry about the truth defense.

Alchenar
Apr 9, 2008

Arcturas posted:

To be fair, I'd have to worry about the truth defense.

I'm sure no jury would believe that.

BirdOfPlay
Feb 19, 2012

THUNDERDOME LOSER

Old Man Pants posted:

Is it sexual discrimination to only require one sex to take a certain training? The training in question is a self defense class and we are told if we do not take it we will be fired. Females are allowed to take it but it isn't mandatory for them.

Not a lawyer, but how divided is the work force? Are the only females there dancers or are them some in other positions (like bartender)? Do those positions also have males?

euphronius
Feb 18, 2009

If the gender discrimination can be shown to be based on some bona fide work requirement than it is arguably not unlawful.

Old Man Pants
Nov 22, 2010

Strippers are people too!

bigpolar posted:

So, it's more of a liability thing? How long is the course (1 hour, or a full 40 hour workweek) , and are you getting paid to take it?

Yep, definitely more of a liability thing. 10 hours and yes minimum wage

quote:

I'm not a lawyer, but I would guess that in this case the club could claim or is unlikely that any females would be seen as instigator and thus there is no reason to pay for them to take the class. It doesn't seem like discrimination, just a rare case where men and women are justifiably viewed differently by customers.

I could see how that could be possible, but I mean its every male, security I get, but djs? barbacks? bartenders?

BirdOfPlay posted:

Not a lawyer, but how divided is the work force? Are the only females there dancers or are them some in other positions (like bartender)? Do those positions also have males?

We definitely have more female employees than males, including cocktail servers, tlc (shoulder rub) girls, housemom, etc. The dancers are not employees.

For example, our male bartenders have to take it and the female ones do not.

Spoondick
Jun 9, 2000

edit - removed

Everything is absolutely true. I originally had 23 statements, but decided to whittle them down to things backed by substantial evidence. I'm not super anal about compliance with every minute rule and realize no operating retail pharmacy is 100% compliant 100% of the time, but my boss' misconduct was rapidly escalating in both severity and frequency. I kept warning him about the problems some activities could cause and developed or recommended procedures to try to prevent them, but he was totally disinterested and kept on doing them.

Things came to a head last week while I was doing analysis to identify and track price fluctuations in medications and uncovered a few hundred thousand dollars of fraudulent insurance claims. The same day, about an hour after I discovered the fraud, he tried to get me to fill a medication that would expire in 3 days when the patient needed to take 14 days of it. I refused, he filled it himself and sold it to the patient. I was in shock and went home that day not really knowing what to do. Early the next day he gave me a ration of poo poo about how I needed to do what he says because he's the pharmacist and I don't know what I'm doing... that's when I put my fist through the door. Sending the email was probably not the best decision I've ever made, but it's done now so there's no going back. Could the email potentially get me into serious trouble?

Spoondick fucked around with this message at 17:38 on Nov 11, 2012

Konstantin
Jun 20, 2005
And the Lord said, "Look, they are one people, and they have all one language; and this is only the beginning of what they will do; nothing that they propose to do will now be impossible for them.
I doubt it. In fact, if you go to the press with this they may cover it, and press coverage helps push regulatory agencies to act.

Dogen
May 5, 2002

Bury my body down by the highwayside, so that my old evil spirit can get a Greyhound bus and ride
It's not an area of expertise for me, but my speculation is that there are probably whistleblower protection laws that will offer you some shelter on top of your first amendment protection... my memory of FA is hazy but I think you would be somewhere in the public concern area, which anything above private matter/not public concern is pretty strong protection.

Goontastic
Feb 2, 2011
I've got a question for the thread. In AL if it matters.

My friend has a job where she gets paid holidays off. Most people only work the morning or afternoon shifts. What they are doing is closing after morning, giving the afternoon people paid afternoons off without having to do anything, but the morning have to be there and work their shift.

Is it legal to do that?

euphronius
Feb 18, 2009

A place to report medicare fraud

http://www.stopmedicarefraud.gov/

joat mon
Oct 15, 2009

I am the master of my lamp;
I am the captain of my tub.

Baruch Obamawitz posted:

That's not the question

You and Mencken are right. Maybe that's why you make twice as much as I do!

WhiskeyJuvenile
Feb 15, 2002

by Nyc_Tattoo

Spoondick posted:

Last week was pretty rough week for me. I got incredibly pissed at work, put my fists through a door a few times, yelled I quit and walked out the door. Still fuming the day after, I contacted basically every agency that regulates pharmacies and emailed this to all my former coworkers:


Everything is absolutely true. I originally had 23 statements, but decided to whittle them down to things backed by substantial evidence. I'm not super anal about compliance with every minute rule and realize no operating retail pharmacy is 100% compliant 100% of the time, but my boss' misconduct was rapidly escalating in both severity and frequency. I kept warning him about the problems some activities could cause and developed or recommended procedures to try to prevent them, but he was totally disinterested and kept on doing them.

Things came to a head last week while I was doing analysis to identify and track price fluctuations in medications and uncovered a few hundred thousand dollars of fraudulent insurance claims. The same day, about an hour after I discovered the fraud, he tried to get me to fill a medication that would expire in 3 days when the patient needed to take 14 days of it. I refused, he filled it himself and sold it to the patient. I was in shock and went home that day not really knowing what to do. Early the next day he gave me a ration of poo poo about how I needed to do what he says because he's the pharmacist and I don't know what I'm doing... that's when I put my fist through the door. Sending the email was probably not the best decision I've ever made, but it's done now so there's no going back. Could the email potentially get me into serious trouble?

The DEA loves going after pharmacies for controlled substance diversion. I imagine he'll be getting a visit soon.

woozle wuzzle
Mar 10, 2012

Spoondick posted:

Sending the email was probably not the best decision I've ever made, but it's done now so there's no going back. Could the email potentially get me into serious trouble?

Not really. I don't think you're going to get in trouble. I mean it's theoretically possible, but don't worry about it unless it comes.

Having done some document review for pharma in the area of pricing/sales, I can only say that I... am not exactly shocked to the core by any of your accusations. But dude, you got some E/N problems. Was that an isolated thing, or are you getting help/need to get some?

Spoondick
Jun 9, 2000

woozle wuzzle posted:

Not really. I don't think you're going to get in trouble. I mean it's theoretically possible, but don't worry about it unless it comes.

Having done some document review for pharma in the area of pricing/sales, I can only say that I... am not exactly shocked to the core by any of your accusations. But dude, you got some E/N problems. Was that an isolated thing, or are you getting help/need to get some?

edit - removed

Spoondick fucked around with this message at 17:38 on Nov 11, 2012

TheBestDeception
Nov 28, 2007

Konstantin posted:

I doubt it. In fact, if you go to the press with this they may cover it, and press coverage helps push regulatory agencies to act.

Under the FCA (and many state analogues), public disclosure serves to bar the bringing of an individual's qui tam suit for fraud.

TheBestDeception fucked around with this message at 20:03 on Nov 8, 2012

Scurvy
Dec 28, 2002

Scurvy fucked around with this message at 17:09 on Mar 12, 2017

Spoondick
Jun 9, 2000

TheBestDeception posted:

Under the FCA (and many state analogues), public disclosure serves to bar the bringing of an individual's qui tam suit for fraud.

I don't expect to get any FCA money from this. It's a relatively new start-up without a lot of revenue and the business will probably fold and be stripped clean long before I can collect anything.

Alchenar
Apr 9, 2008

Scurvy posted:

I currently work as a designer for an ad agency in Illinois.

My boss has decided that he wants us to be on a reality show about ad agencies (looks like it's this one: http://www.amctv.com/shows/the-pitch). He didn't ask anyone; he just decided "we're going to do this because it will be great exposure for us".

I do not want to ruin my professional reputation and future job prospects by being on a dumb reality show. Moreover, I do not consent to having my privacy violated like this, or having a camera shoved in my face at all times. Part of the show would involve them doing stuff like following us home with cameras, interviewing us at our homes or while we're out in public, talking to our friends and family, etc. There is nothing in my contract or job description about appearing on a lovely reality show — my private life is not free to be used as TV entertainment.

I told my boss that I don't consent to appear on this show. He told me to "relax and stop being a baby". No other employees here have signed or consented to anything. He is orchestrating this entire thing himself.

What are my legal rights here?

Honestly — I want to quit my job. It's a lovely job even ignoring this development. But the job market is terrible in this field, and I will not be able to pay my rent or medical bills without a source of income.

Well they can't follow you home without your consent or possibly in public depending on how nice your harassment laws are but your boss can do whatever promotional stuff he wants for his company.

Spoondick
Jun 9, 2000

edit - removed

Spoondick fucked around with this message at 17:38 on Nov 11, 2012

LLSix
Jan 20, 2010

The real power behind countless overlords

I got a ticket for an expired car registration last weekend. Is there any reason to apply for the traffic ticket diversion program? I'd consider not needing to show up in court a more than adequate reason to do so.

Jurisdiction: Johnson County, Kansas, U.S.A.

woozle wuzzle
Mar 10, 2012
There's a 98% chance he won't be chosen for the TV show anyway. I wouldn't worry about it until when/if he's accepted. He's all excited thinking he'll be the next reality star and how he's gonna perform on Celebrity Survivor, when in reality a casting director will look at his video for 30 seconds and ditch it because the boss isn't hot or super fat or whatever.

Dogen
May 5, 2002

Bury my body down by the highwayside, so that my old evil spirit can get a Greyhound bus and ride

woozle wuzzle posted:

There's a 98% chance he won't be chosen for the TV show anyway. I wouldn't worry about it until when/if he's accepted. He's all excited thinking he'll be the next reality star and how he's gonna perform on Celebrity Survivor, when in reality a casting director will look at his video for 30 seconds and ditch it because the boss isn't hot or super fat or whatever.

Exactly!

Even then I think everyone would have to sign releases to appear on the show. I suppose the boss could fire the OP for not participating, and then OP could get unemployment, would be the other remedy.

Scurvy
Dec 28, 2002

woozle wuzzle posted:

There's a 98% chance he won't be chosen for the TV show anyway. I wouldn't worry about it until when/if he's accepted. He's all excited thinking he'll be the next reality star and how he's gonna perform on Celebrity Survivor, when in reality a casting director will look at his video for 30 seconds and ditch it because the boss isn't hot or super fat or whatever.

Yeah, there is no doubt in my mind that he's not landing a spot on this show... unless they want to showcase a bad agency for comic relief. This is the only thing I'm remotely worried about, and I just want to make sure my rear end is covered no matter what.

I think my best bet at this point is to continue to say no (and continue to look for a better job).

Cruseydr
May 18, 2010

I am not an atomic playboy.
Stupid question re: parking ticket in Seattle, WA.

Someone I know got a parking ticket in Seattle last weekend and the sign was almost completely obscured by foliage and there was also a vehicle parked off the road (up on what would have been sidewalk) directly in front of the sign. The curb was not colored and he wouldn't have parked in that location had he known there was a sign.

Would this be worth explaining the circumstances during a hearing?

Konstantin
Jun 20, 2005
And the Lord said, "Look, they are one people, and they have all one language; and this is only the beginning of what they will do; nothing that they propose to do will now be impossible for them.
I've heard of several people getting out of parking tickets that way. Be sure to take a photograph of the obscured sign as evidence and bring it to your hearing.

Spoondick
Jun 9, 2000

edit - removed

Spoondick fucked around with this message at 17:39 on Nov 11, 2012

Rat Patrol
Feb 15, 2008

kill kill kill kill
kill me now

Dogen posted:

Exactly!

Even then I think everyone would have to sign releases to appear on the show. I suppose the boss could fire the OP for not participating, and then OP could get unemployment, would be the other remedy.

Yeah, the show will have them sign releases for 100% sure. Even doing a dinky little local commercial, my boss has to get signatures of the people involved - even if they're the very people who called and set it up.

archwhore
Oct 4, 2007

I searched and didn't find anything relevant, but I apologize if I missed something.

Me and my fiancee are going to get married within the next year and he wants a prenup to protect himself against my student loan debt (about $80,000) so he doesn't become liable if I cannot pay or if we split up (his dad had a bad experience with this and actually had a marriage annulled because of it). He was never involved in the loan process and his name appears nowhere on the documents, we weren't even together when I took out the loans. I fully plan to pay back my own loans even though some couples take on each others debts and make them "our" debt, and I have a good job that allows me to pay back more than the minimum payments.

Is a prenup the right thing to do in this case? Can we write up something ourselves? I have a lawyer in the family but I don't really want to take the chance of him telling the whole family about our financial situations. I tried looking online for DIY prenups and they all seem like scams.

Any advice would be welcome!

dennyk
Jan 2, 2005

Cheese-Buyer's Remorse

Goontastic posted:

I've got a question for the thread. In AL if it matters.

My friend has a job where she gets paid holidays off. Most people only work the morning or afternoon shifts. What they are doing is closing after morning, giving the afternoon people paid afternoons off without having to do anything, but the morning have to be there and work their shift.

Is it legal to do that?

Yes, as long as it is not contrary to the company's own written policies (if any) on paid holidays. Companies are not legally required to provide any paid holidays, vacation, or sick time in Alabama (or any other state in the US, for that matter).

Arcturas
Mar 30, 2011

archwhore posted:

I searched and didn't find anything relevant, but I apologize if I missed something.

Me and my fiancee are going to get married within the next year and he wants a prenup to protect himself against my student loan debt (about $80,000) so he doesn't become liable if I cannot pay or if we split up (his dad had a bad experience with this and actually had a marriage annulled because of it). He was never involved in the loan process and his name appears nowhere on the documents, we weren't even together when I took out the loans. I fully plan to pay back my own loans even though some couples take on each others debts and make them "our" debt, and I have a good job that allows me to pay back more than the minimum payments.

Is a prenup the right thing to do in this case? Can we write up something ourselves? I have a lawyer in the family but I don't really want to take the chance of him telling the whole family about our financial situations. I tried looking online for DIY prenups and they all seem like scams.

Any advice would be welcome!

Are you willing to spend money on it? If so, it'd be worth calling a divorce/family law attorney in your area. Pay them $200 for an hour of their time and they'll answer all your questions. If you're not willing to spend money on it, do the same thing but look for the attorneys with less experience who're willing to give you a free consult.

:EDIT: I say this because 1) marriage and family stuff varies pretty drastically from state to state, so we'd need to know where you live, and 2) I don't know how debt works with regards marital assets.

Regardless, if the real problem is your fiance's nerves, an internet answer is unlikely to satisfy him. You need to address his underlying concerns, not simply argue back against him. "Some guy on the internet" is going to be less convincing to him than his dad. You'll probably need an actual attorney or person to convince him otherwise.

ibntumart
Mar 18, 2007

Good, bad. I'm the one with the power of Shu, Heru, Amon, Zehuti, Aton, and Mehen.
College Slice

archwhore posted:

Is a prenup the right thing to do in this case?


Maybe. Generally speaking, student loans incurred before marriage remain solely the borrower's responsibility, but there are exceptions. You should both see (separate) attorneys if he absolutely, positively wants to make sure that your student loans will not be a concern in the event of a divorce.

archwhore posted:

Can we write up something ourselves?

You can, but probably shouldn't. Even if you, you still both would want attorneys (again, separate) to look it over and make sure (1) the terms are fair to each party and (2) that the prenup is enforceable.

archwhore posted:

I have a lawyer in the family but I don't really want to take the chance of him telling the whole family about our financial situations.

Is your relative a family law practitioner? If not, please don't waste his or her time for anything other than maybe a referral. And if he or she is, please don't put him or her on the spot: don't ask for anything other than for him or her to informally look over it and only as a precursor to seeing a paid, non-relative attorney who will do the actual final draft and filing of the prenup.

Said by an attorney who's received requests from in-laws for advice on a DUI and had another relative volunteer my service to someone else to write a nasty letter to an employer(I do patent infringment and pro bono family law). Unless particularly nosy, his/her concern is likely not going to be a morbid fascination with your financial situation.

archwhore
Oct 4, 2007

Thanks for the great advice, both of you! I will ask my lawyer cousin if he knows a good family law lawyer that would give us a free consult just so we can make sure we know what to expect.

Could the answer to this be found in my student loan contract documents, or does state law trump student loan agreements? (Texas, btw)

Andy Dufresne
Aug 4, 2010

The only good race pace is suicide pace, and today looks like a good day to die
Having gone through a divorce with student loans involved in TX, if they were taken out before your marriage they won't be marital property to be split in the event of a divorce. Loans taken out after marriage would be split. If you move to another state it may be a different story.

G-Mawwwwwww
Jan 31, 2003

My LPth are Hot Garbage
Biscuit Hider

Andy Dufresne posted:

Having gone through a divorce with student loans involved in TX, if they were taken out before your marriage they won't be marital property to be split in the event of a divorce. Loans taken out after marriage would be split. If you move to another state it may be a different story.

Let me expand on this a bit more. I'm a family lawyer in Texas.

In Texas, when you get divorced, you each keep your separate property and separate debt. Community debt can be divided in any way the court deems just and fair if it's a contested divorce. This could depend on the circumstances-- why you're divorcing, how much he makes, how much you make and any number of factors. Your husband could get all the debt, you could get all the debt.

If it's uncontested, you guys can divide it up any which way you can agree on.

This is then entered as a court order and treated as a judicially-backed contract between you. If he doesn't abide by it, you can take him to court for a contempt violation.

However, all those third party creditors do not have privity (a contract, basically) with anyone who's not on the loans as a co-signer. They can't do poo poo if the party they did not contract with defaulted on the loans.

Hopefully that helps.

Don't pay more than $500. This is pretty simple for someone to draw up if you still really want one.

(Spend it on a will instead.)

G-Mawwwwwww fucked around with this message at 15:47 on Nov 9, 2012

Alchenar
Apr 9, 2008

Arcturas posted:

Regardless, if the real problem is your fiance's nerves, an internet answer is unlikely to satisfy him. You need to address his underlying concerns, not simply argue back against him. "Some guy on the internet" is going to be less convincing to him than his dad. You'll probably need an actual attorney or person to convince him otherwise.

Just to add onto this; the sad fact is that around 50% of all marriages end in divorce and as bad as a regular divorce is, a nasty contested divorce is right up on the list of things that can ruin your life. Modern society and culture does absolutely nothing to inform people about that fact and get them to deal with it responsibly. So there's nothing wrong with your fiance wanting a pre-nup, he just wants to put a bottom line on how bad the worst case scenario can get.

Having said that, there are things you need to consider. Are you going to have children? When? If you have children, are you going to leave work to care for them? Will that debt be paid off when you leave work? If, at any particular point along timeline of events you and your husband wake up and realise that you need to get a divorce, will this pre-nup destroy you financially (ie. could you be left with a child, debt, and no job)? You don't need to treat the thing like a business plan, but you need to think about the next 10 years of your life (if your marriage survives 10 years then odds are you are good for life, congratulations) and work out what your plans are and what might change and whether your pre-nup stays fair throughout that time.

What I'm saying is, the best time to have a sensible and mature conversation about these kinds of things is with someone you love and care about and not with someone who's just broken your heart.

ibntumart
Mar 18, 2007

Good, bad. I'm the one with the power of Shu, Heru, Amon, Zehuti, Aton, and Mehen.
College Slice

Alchenar posted:

Just to add onto this; the sad fact is that around 50% of all marriages end in divorce:

This is an often quoted but rarely fully understood statistic. It's a bit more complicated:
http://www.nytimes.com/2005/04/19/health/19divo.html

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Cruseydr
May 18, 2010

I am not an atomic playboy.

Konstantin posted:

I've heard of several people getting out of parking tickets that way. Be sure to take a photograph of the obscured sign as evidence and bring it to your hearing.
Thanks, he took several photos that night so hopefully that will be enough!

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