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KillHour posted:Thanks for this. I'm following up with legal (Well, trying to. It's a big freaking department; figuring out who to talk to is HARD), but we're a distributor, so I don't install anything. I sell products to a reseller/integrator who will then install or sell the product to the end user. Most times, the only way I find out if something actually worked well or not is if they try to return it. It shocks me that a Fortune 100 company doesn't have a policy for this. The F100 I worked at even had a written procedure for how to write procedures. Given the size of the company and the role you describe, I wouldn't worry much if I were you. There could hypothetically be some risk for the company (which they probably control via their sales contracts), but you're probably fine as long as you aren't giving out advice regarding legality. Just do whatever your employer says, and don't volunteer advice beyond that.
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Jun 6, 2013 15:41
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Alchenar posted:Really I'm just warning you against defaulting to a 'gently caress her, I'm fighting this' attitude. Take legal advice. It's a really heavy burden to re-open a divorce settlement but if she can do it then you will come out of this happiest if you keep in the forefront of your mind that this was money you were willing to part with last year. It's money you were willing to part with, but it's up to you who gets it. You can give it to the ex or you can give it to a lawyer. Just remember that now, post divorce, she is paying her own lawyer unless she's sleeping with him/her. If you think she's trying to hit you up for some wedding funds then she won't want to spend money on a lawsuit. Also, the lawsuit could easily last longer than her wedding prep.
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Jun 6, 2013 17:20
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KillHour posted:Every time the subject of audio or anything else remotely sketchy comes up, I only say "I recommend consulting with a lawyer regarding this opportunity" and leave it at that, but I just want to make sure that's enough. See, now you're asking about "Products Liability" which is, again, different from state to state. As only an extremely general rule, manufacturers and distributors are only liable for their products if the product is defective, or inherently dangerous to use when there is an easy way to have made the product safer. Thats not your issue, though. Goon Criminal Attorneys: Whats the culpability for sale of a product that the seller knows the buyer intends to use to commit a criminal act? anything? /\ /\ Thats the question you need your legal department to research.
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Jun 7, 2013 02:25
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There was a recent California case on this where a guy who installed secret compartments into vehicles (which often were used by drug dealers, for some strange reason) got nailed for, essentially, being willfully blind as to the use they were being put to. Don't have a link handy but I think Wired did a story on it.
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Jun 7, 2013 02:46
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Kalman posted:There was a recent California case on this where a guy who installed secret compartments into vehicles (which often were used by drug dealers, for some strange reason) got nailed for, essentially, being willfully blind as to the use they were being put to. He was charged with conspiracy to commit drug trafficking along with the guys who were actually running the drugs. (they got half the sentence he did) blarzgh posted:Goon Criminal Attorneys: Whats the culpability for sale of a product that the seller knows the buyer intends to use to commit a criminal act? Here's the applicable law in my state: quote:One who does not actively commit the offense, but who aids, promotes, or encourages the commission of a crime by another person, either by act or counsel or both, is deemed to be a principal to the crime if he/she knowingly did what he/she did either with criminal intent or with knowledge of the other person's intent. To aid or abet another in the commission of a crime implies a consciousness of guilt in instigating, encouraging, promoting, or aiding in the commission of that criminal offense.
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Jun 7, 2013 03:38
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That is an amazing read. It's crazy how almost any law/prosecution made in a "war on ___" is completely ridiculous, and the prosecutors will take it to the SCOTUS even if it's "grey" at best.
ChubbyEmoBabe fucked around with this message at 04:54 on Jun 7, 2013 |
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Jun 7, 2013 03:49
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Location Ohio. So I worked for a company and had some personal health issues, severe anxiety and agoraphobia. I tried my best to keep my job and was attempting to seek help, but it didn't really work out. During this time my company kept depositing paychecks in my account. When I resigned I acknowledged this to my supervisor and asked her to contact payroll to have it removed and if there were any concerns to contact me by email only because I was having a hard time dealing with phones. Well I never heard anything so I assumed the situation was resolved. I'm not rich or anything, but my account is paperless and I probably only look at my balance a handful of times a year. So when it came time to do my taxes I noticed the money was not taken back. I contacted them and explained the situation, obtained the address so I could send them a check and get this resolved. I sent the check and thought the situation was over with. Well apparently they never got the check and now since it's been after the first of the year...they are trying to claim I owe an additional $1300 dollars for not paying it within x amount of time. If this isn't something I can resolve with their HR, is the $1300 dollars extra they say I owe something I could take to a small claims court? I'd imagine getting an actual lawyer involved would be more expensive than getting screwed out of this extra $1300? I glanced at the requirements and it looks like the amount needs to be under $3k and has to be handled in the state of the defendent which doesn't seem to be a problem. This is a multinational company, I guess that is my concern and I just don't know if this fits with what the small claims court handles if it comes to that.
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Jun 7, 2013 04:47
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No never mind
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Jun 7, 2013 05:00
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Mostly directed to criminal attorneys: If SCOTUS ruled tomorrow that the exclusionary rule was now eradicated and no longer existed, but simultaneously there was no more qualified immunity for Fourth and Fifth Amendment purposes (so monetary damages would be awarded upon a simple showing of a 4A or 5A violation), how would you feel about this turn of events?
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Jun 7, 2013 06:16
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Green Crayons posted:Mostly directed to criminal attorneys: It would still suck. We pretty much only get violations found these days if the officer admits he hosed up (even if he doesn't know he hosed up). If money was on the line, he'd be consulting an attorney before and lying his rear end off. So, it would almost certainly be worse for everyone.
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Jun 7, 2013 07:11
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Damages would be what is available in a typical 1983 action (and what I'm suggesting is simply that the qualified immunity analysis drops off in a 1983 action). My understanding is that a lot of LEOs are insured through their employer for such suits, but details and trends are difficult to gather. So I don't know if a 1983 action would directly impact a particular LEO due to insurance, but the suit would certainly be against the individual LEO in his personal capacity. Some follow up questions: - Do LEOs not consult the prosecuting attorney before a suppression hearing? Are LEOs just not invested enough in having evidence suppressed to lie now? - Based on your experience, do juries systemically believe LEOs over a citizen in a trial on disputed facts? If so, do you think this would hold up regardless of whether it was a criminal or civil case (like, if juries are more prone to believe a LEO, do you think it is attributable to the jury erring on the side of punishing/preventing crime)? Thanks for your insight.
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Jun 7, 2013 13:11
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Green Crayons posted:Mostly directed to criminal attorneys: How do you calculate damages? How much do I get paid after the police break down my door and take my (hypothetical) pot? Just the couple thousand to replace the door?
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Jun 7, 2013 13:15
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I'm only going to cut and paste from a treatise because I am certainly no expert on 1983 damages:quote:[C]ourts consider the nature of the legal violation and the injury to the plaintiff but cannot award damages for violations of constitutional rights based on speculation about the importance of the right in our system of government or its role in American history. So yes to the out-of-pocket loss of a broken door, plus the personal humiliation and mental anguish of police violating the sanctity of your home. I don't know what a viable dollar figure is to attach to that, but I would think that it would at least be in the five digits as the sanctity of the home can be strongly tied to an individual's peace of mind against a overbearing police state. Then add on punitive damages because that's some blatantly willful and wanton conduct, and who knows what that final figure would be.
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Jun 7, 2013 13:31
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My experience of juries is that you would be lucky to get $1,000 for the humiliation and mental anguish damages in that scenario. Punitives have to be related to the other damages. So in that scenario $1,000 to $2,000 would be my upper prediction, which is not really enough to get a lawyer interested considering how much work it would take to get.
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Jun 7, 2013 13:44
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Add on further that punitive damages are a relic of the fundamental brokenness of American criminal justice system. A fourth amendment violation, if taken literally, is technically an act of theft (in the case of taking evidence), property destruction (e.g., breaking down the door), kidnapping (in cases of arrest, etc.), and arguably should be criminal itself.
WhiskeyJuvenile fucked around with this message at 13:55 on Jun 7, 2013 |
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Jun 7, 2013 13:53
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Punitive damages (common law kind) are kind of dying out already and the federal courts have been on a jihad against them. I could see them going away all together in the next 30 years.
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Jun 7, 2013 15:48
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blarzgh posted:Goon Criminal Attorneys: Whats the culpability for sale of a product that the seller knows the buyer intends to use to commit a criminal act? The general rule that I remember from 1L criminal law is the example of a burglar who goes to the hardware store and asks, "what kind of crowbar would be best for breaking down people's doors so's I can robs them?" If the shopkeep says, "why this one, sir" and sells him one, no liability. That said, as mentioned, the hidden compartment guy is a good comparison- but they even brought that guy down to Mexico to fix a malfunctioning compartment, he fixed compartments that were overflowing with money... I mean, it's a harsh sentence but I think a fair conspiracy argument.
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Jun 7, 2013 20:32
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Code enforcement got back to me on the dog bite. This is the fourth attack they have on file and this is the first time the owners are even going to get a fine. I appreciate animal rights and not be cruel and all, but this is a public safety hazard. At least the fine is in the thousands of dollars range, but I wish there was some way to deal with the problem that prevented more people from getting hurt.
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Jun 7, 2013 20:49
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What did your lawyer say about it?
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Jun 7, 2013 20:51
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Has the dog ever caused anyone serious bodily injury or death?
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Jun 7, 2013 20:55
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Dogen posted:Has the dog ever caused anyone serious bodily injury or death? If it had, it would be gone. But a dog that attacks people at all beyond a single isolated incident is a half step away from killing someone's kid.
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Jun 7, 2013 21:55
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I saw this video of a guy directing traffic: https://www.youtube.com/watch?v=WPhl5T6FwhI If came to a intersection where the lights were dead, and decided to stop and direct traffic, could be opening myself up to liability in the event of a crash in that intersection?
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Jun 7, 2013 21:59
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Wow, he's really bad at it, too, and nobody gives a poo poo about his self-appointment. Guy should be given a citation for jaywalking. e: Wait this isn't the youtube thread, what is going on here, I feel so lost 
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Jun 7, 2013 22:07
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Thanks for the insight from the practical realm.
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Jun 7, 2013 22:36
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Guy Axlerod posted:I saw this video of a guy directing traffic: https://www.youtube.com/watch?v=WPhl5T6FwhI Yes
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Jun 7, 2013 22:58
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katkillad2 posted:This is a multinational company, I guess that is my concern and I just don't know if this fits with what the small claims court handles if it comes to that. In my state, Small Claims Court is for disputes less than $10,000.00, so I would assume your situation would fall there as well. Except, why would you take them to small claims court? They don't owe you anything do they? If they wanted to collect, they would either keep asking you themselves, submit the claim to their collection agency and have them ask you to pay, or go to small claims court in Ohio and sue you. Consumer Credit Goons: Am I right that claim or dispute not involving the extension of credit or a secured claim wouldn't be submit-able to credit reporting agencies? A contract or money had/quantum meruit dispute like the above can't show up on your credit report, I wouldn't think? Thats a consideration
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Jun 7, 2013 23:04
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Green Crayons posted:
Also, they aren't as invested as if the perp would be taking his money. quote:- Based on your experience, do juries systemically believe LEOs over a citizen in a trial on disputed facts? If so, do you think this would hold up regardless of whether it was a criminal or civil case (like, if juries are more prone to believe a LEO, do you think it is attributable to the jury erring on the side of punishing
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Jun 7, 2013 23:51
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euphronius posted:What did your lawyer say about it? The kid's family doesn't want to pursue it, my employer's not going to cover the cost, the city doesn't want to do anything and my actual damages come in at under a dollar for five bandages. I'm not keen enough to drop $100 dollars for a consultation that's probably going to tell me there's nothing I can do if no-one else in the situation cares.
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Jun 8, 2013 01:01
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I'm trying to digest an invention assignment agreement in NC. It looks like the scope of it is limited by this statute: http://law.justia.com/codes/north-carolina/2005/chapter_66/gs_66-57.1.html Specifically, I'm trying to understand what the scope of "relate to the employer's business" is. Does that mean only inventions developed for use by the company, or does it cover any invention useful for the type of business that the company is engaged in? i.e. if I develop a software component that serves a particular purpose, but the company decides to either license or develop something completely different for the same purpose, is that related to their business? OneEightHundred fucked around with this message at 01:20 on Jun 8, 2013 |
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Jun 8, 2013 01:08
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You're going to need an actual lawyer for that one. It's ridiculously complicated. (They're going to be really unhappy when you try to go "well I work for you as a web developer but I web developed a thing that isn't really web development but that's still kinda the same thing that I do at my job but it's totally not yours")
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Jun 8, 2013 01:11
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My friend has two related summer jobs through her private university(NY) as an assistant adjunct professor/TA. They're for two different courses, and are two different jobs. She started work on May 5th, and does about 12 hours a week. She has not received a paycheck for either position as of today. She is counting on this money, but by asking around she has gathered that the university will be trying to pay her a lump sum at the end of the term instead of the agreed upon three equal payments throughout the semester. She has copies of her signed timesheets, but there is no written documentation of the expected payment dates. Does she have any leverage to begin getting paid, or does she have to wait until they want to cut a check? Again this is a teaching position at a private university in New York state.
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Jun 8, 2013 02:50
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Alchenar posted:
Panda Time posted:What type of regulations and laws are there in regards to commission based jobs?
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Jun 8, 2013 09:51
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OneEightHundred posted:I'm trying to digest an invention assignment agreement in NC. It looks like the scope of it is limited by this statute: Different states have pretty much the same law and they tend to interpret it differently. As such, you need a NC lawyer specializing in employment because they've already done the research and can give you a well reasoned legal opinion. If you want to keep digging on your own, you now have the statute and some key words. The next step is going to scholar.google.com and searching something like "north carolina 66-57.1". I typically add "-heinonline" to filter out some of the paywalled stuff.
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Jun 8, 2013 14:22
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What Fun posted:My friend has two related summer jobs through her private university(NY) as an assistant adjunct professor/TA. They're for two different courses, and are two different jobs. She started work on May 5th, and does about 12 hours a week. She has not received a paycheck for either position as of today. From my googling, it looks like what her employer is doing is not permitted. Not a lawyer, not sure the best way to respond to this information. Edit: maybe they're trying to classify her as a professional? See here for a FAQ on frequency of pay: http://www.labor.ny.gov/legal/counsel/pdf/frequency-of-pay-frequently-asked-questions.pdf Clerical or Other Workers: Wages must be paid in accordance with the agreed terms of employment and not less frequently than semi-monthly. Who is a “clerical or other worker”? A “clerical or other worker” under New York State Labor Law is an employee who does not fall under any of the other statutory categories of worker found in the Labor Law. Who is covered by Section 191 of the Labor Law? All private sector employers are covered by Section 191 and the protections apply to most employees working for such employers in New York. Federal, state and local government employers are not covered. Charter schools, private schools, and not-for-profit corporations are covered, as they are private entities within the meaning of this provision. Can an employer require employees to accept other frequencies of pay? Employees cannot be required, as a condition of employment, to accept wages at periods other than those provided in Section 191 of the Labor Law. Devor fucked around with this message at 15:16 on Jun 8, 2013 |
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Jun 8, 2013 15:10
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She isn't a clerical worker. She's a professor (which seems to qualify as a professional). The quoted section applies to admin assistants and secretaries and similar roles.
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Jun 8, 2013 15:39
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Could they be trying to claim she is a independent contractor?
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Jun 8, 2013 15:46
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Kalman posted:She isn't a clerical worker. She's a professor (which seems to qualify as a professional). The quoted section applies to admin assistants and secretaries and similar roles. The link is pretty explicit that "clerical or other worker" is the catchcall for everyone who isn't one of the other sections. But as you say, there's an argument that she is a professional. This link has some information on who counts as a professional for the purposes of being exempt from overtime (I assume the classification carries over). http://labor.ny.gov/sites/legal/counsel/pdf/professional-employee-overtime-exemption-frequently-asked-questions.pdf One of the checks is that the employee's work "Requires the consistent exercise of discretion and judgment in its performance" quote:What does “exercise of discretion and judgment” mean? When I was in college, most of the TA's that I interacted with did not seem like they would meet this. This other link also appears to say that regardless of whether she is a professional, that the employer was required to notify her of the pay period in writing (I assume the more restrictive #1 was the newer one, not sure how to read this). http://codes.lp.findlaw.com/nycode/LAB/6/195 Edit: In a FAQ from a labor lawyer's site (New York Professional Exemption Violation Lawyer) that appears to help her case: http://www.lmblaw.com/practice-areas/professional-exemption Teacher Exemption: The employee’s primary duties are teaching, tutoring, instructing or lecturing in order to impart knowledge, and the employee is engaged in the performance of these duties at an educational establishment or institution. Examples include professors (regardless of rank), lecturers, adjuncts and teachers in the FDC. Examples do not include teacher assistants unless they are primarily responsible for classroom instruction. Devor fucked around with this message at 16:26 on Jun 8, 2013 |
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Jun 8, 2013 16:22
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Thank you all for your responses. I've been looking through all the links, and my take is - She is just basically doing two glorified TA positions. This is for masters education, but I don't know how much that changes things. This is the big thing though - even if the school wanted to classify her as a "Bona fide Professional", she is not making in excess of $900/week. I believe this puts her back in the general pool of workers in NY that must be paid weekly. I advised her to go ask for a copy of her pay period. Based on what happens, I believe that either 1) They refuse to provide it, and although we are in the right we have to see if a fight is worth it. or 2) They provide it and a) Notice "Holy poo poo! We gotta pay this girl!" and problem solved....or b) Hand it over to her, showing she is in the right by NY law, and then we have to decide how to go about collecting. Either way, things look mostly good and we both sincerely appreciate your help.
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Jun 8, 2013 17:01
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I'm not sure what you mean by a copy of her pay period, but if you mean a breakdown of her pay and withholding for a given period - colloquially called a pay stub - she should be getting one every pay period in the first place.
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Jun 8, 2013 17:54
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What Fun posted:Thank you all for your responses. I've been looking through all the links, and my take is - Don't dance around the issue asking for things to "prove" something. She should call up her boss, or payroll, and say "I've been working here for month, when do I get paid?"
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Jun 8, 2013 18:06
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