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joat mon
Oct 15, 2009

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

Angry Hippo posted:

Don't be an rear end. Also, please read the post where I said I was unlikely to actually pursue this through the court system and mentioned this exact possibility.

So take your story to E/N, already!

1. Sever. Done. That's a good start.
2. Therapy. Please. You can't make the world work the way you want it to; maybe someone can help you reconcile yourself to that.

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Sir John Falstaff
Apr 13, 2010

euphronius posted:

I think it is hilarious you think lawyers would be taking a pay cut to teach high school.

These days? I'm not so sure it would be that difficult. A guaranteed salary with benefits and summers off would probably sound a lot better than doc review for $20/hour (also maybe PSLF?).

Angry Hippo
May 12, 2004

by Nyc_Tattoo
Surprise, a dog pile disparaging me left and right.... for what reason? Having the audacity to write a letter trying to resolve a legitimate grievance with my employer without giving all my bux to a lawyer first? Some of you have failed to glean through my posting that I was employed as a Pizza Guy, not an investment banker, and while having an attorney do everything for you is sound legal advice, it is not practical for my situation.

I feel like you are all insane and way out of your loving minds.

I fail to see anything unreasonable, crazy, or out of line with any of the actions I've taken throughout the course of this thread.

I would certainly like for you to articulate why I am an "rear end in a top hat" for anything I've said here.

I hate you all. I wish you were bagels.

BigHead
Jul 25, 2003
Huh?


Nap Ghost

Angry Hippo posted:

I would certainly like for you to articulate why I am an "rear end in a top hat" for anything I've said here.

I hate you all. I wish you were bagels.

I haven't read any of your random lengthy rambling treatises that you've posted here, but I can say that you are an rear end in a top hat for wishing I was a bagel.

Leif.
Mar 27, 2005

Son of the Defender
Formerly Diplomaticus/SWATJester

Angry Hippo posted:

Surprise, a dog pile disparaging me left and right.... for what reason? Having the audacity to write a letter trying to resolve a legitimate grievance with my employer without giving all my bux to a lawyer first? Some of you have failed to glean through my posting that I was employed as a Pizza Guy, not an investment banker, and while having an attorney do everything for you is sound legal advice, it is not practical for my situation.

I feel like you are all insane and way out of your loving minds.

I fail to see anything unreasonable, crazy, or out of line with any of the actions I've taken throughout the course of this thread.

I would certainly like for you to articulate why I am an "rear end in a top hat" for anything I've said here.

I hate you all. I wish you were bagels.

I hope you realize that you are precisely the kind of person that people point at and make fun of on reality TV shows. The one that is completely incapable of listening to anyone else, causes all sorts of drama, and 100% of the time blames someone else rather than stopping to consider for one iota that they may be the problem.

You are in the legal question's megathread, arguing with literally a dozen lawyers who are ALL telling you the same thing. And you're telling them "no I'm right you're all wrong." Just stop for a second and consider that. Logic and basic common sense should tell you that when you, who has ZERO background in this particular field of practice, are the only one espousing a certain point of view, while 10 times as many people who ARE practitioners in the field are saying the opposite, that the odds are staggeringly in favor of YOU being the problem.

Instead, you bury your head in the sand and insist that we must be wrong.

Also, I'm pretty sure I'm already a bagel, or all that Bar Mitzvah study was a waste. Next?

Alchenar
Apr 9, 2008

Diplomaticus posted:

I hope you realize that you are precisely the kind of person that people point at and make fun of on reality TV shows. The one that is completely incapable of listening to anyone else, causes all sorts of drama, and 100% of the time blames someone else rather than stopping to consider for one iota that they may be the problem.

You are in the legal question's megathread, arguing with literally a dozen lawyers who are ALL telling you the same thing. And you're telling them "no I'm right you're all wrong." Just stop for a second and consider that. Logic and basic common sense should tell you that when you, who has ZERO background in this particular field of practice, are the only one espousing a certain point of view, while 10 times as many people who ARE practitioners in the field are saying the opposite, that the odds are staggeringly in favor of YOU being the problem.

Instead, you bury your head in the sand and insist that we must be wrong.

Also, I'm pretty sure I'm already a bagel, or all that Bar Mitzvah study was a waste. Next?

Even the lawyer he want to in person said "eh, this isn't totally meritless" and he took that to mean he should charge right on ahead.

SubjectVerbObject
Jul 27, 2009

baquerd posted:

Why don't high schools offer basic education in law? It seems that grasping the basics wouldn't take up any more time than geometry and trigonometry which are much less useful for most people.

Well they have DARE and health education classes that talk about not doing drugs and look how well that worked.

kedo
Nov 27, 2007

Angry Hippo posted:

I hate you all. I wish you were bagels.

Saw this probate coming from a mile away. :golfclap: Excellent work all around lawgoons, A+++ would read again.



To follow up on my posts from a few pages ago, we finally got some good responses from an immigration lawyer and our normal employment lawyer in regards to my coworker's situation, and their feedback was this (more or less a copy/paste of what my boss wrote down while talking to them):

quote:

- Once [coworker]'s EAD expires we cannot employ [coworker].

- [coworker] cannot work without pay.

- [coworker] cannot be compensated later assuming he works for a period without pay.

- [coworker] cannot work remotely.

This is pretty much the exact opposite of what his lawyer told him which is really worrying to me. From what I can tell with admittedly zero understanding of these laws, his lawyer is basically encouraging him to do illegal things that could completely gently caress my coworker / the business.

My question is this: coworker is already out $7000 and a few months of work with this lawyer. Should he stick with him and hope things work out, or should he try to get together whatever paperwork he can and get a new lawyer who isn't so shady? I don't know how hard to push him to find better representation and I know he'd have a tough time spending a whole bunch more money.

kedo fucked around with this message at 14:46 on Jul 19, 2013

Powdered Toast Man
Jan 25, 2005

TOAST-A-RIFIC!!!
I resigned from my last employer without giving notice, and I live in an "at will" state (Georgia). I have a signed employment agreement that specifies an hourly rate, but they retroactively reduced my final paycheck to minimum wage. There was no provision for this in the employment agreement, and if such a company policy existed I was not made aware of it nor did I acknowledge it in writing. I think they might have a company handbook, but it was not made available to me and I did not sign a document acknowledging that I read any such manual.

So, I'm pretty sure that they can't do what they did...but I'm not sure what to do at this point to force them to pay me what I'm owed. I have already notified them in writing that if they don't fix it, I'll report them to the DOL and if necessary, file a claim in small claims court to recover my wages. I just can't figure out how to report them to the DOL...it looks like Georgia defaults to Federal on just about everything...does that mean I need to talk to the USDOL? Or both? I'm a bit confused.

Bad Munki
Nov 4, 2008

We're all mad here.


Just send them the following letter:

quote:

Hello,

I am informing you that while I did receive a paycheck today, it did not include payment for all of the wages and monies owed to me.


I am still owed payment for hours not properly calculated (for example, on monday the 8th I was scheduled at 9 am and did report at the scheduled time, although was not clocked in until approximately 9:40am), payment for penalties associated with failure to provide rest periods in accordance with California law, payment for penalties associated with failure to provide or allow inspection of payroll records within 21 days of request, payment of hours performed doing ULearn while not clocked in, and payment of accrued PTO benefits while GM.

Additionally I am requesting a copy of the investigation and results of my previous complaints of illegal discrimination and retaliation. (The conclusion that the investigator, [name redacted] , reached, as I recall, was that no discrimination occurred, although he never interviewed me or got any statements from me, strange as that may sound from someone claiming to have done a thorough investigation)

In addition to the wage claims, I feel I have a very strong case for wrongful termination.



I would be willing to settle any and all disputes arising from my employment with [name redacted] for the very modest sum of [redacted]. I would be willing to sign a non-disclosure agreement as well as a release of liability as terms to the settlement.


It seems my previous correspondence has been ignored. I request a timely response to this matter. Please furnish a response by e-mail or letter by Tuesday, July 23rd, 2013.

Should you fail to do so I will file a wage claim, initiate complaints with the Equal Opportunity Employment Commission and California Department of Industrial Relations, and I will be seeking action in Civil Court. I also believe that I may have not been the only one affected by these illegal actions and will be seeking class action status where appropriate.


I urge you to let common sense prevail and quickly settle these matters.


Angry Hippo

don't do this

chemosh6969
Jul 3, 2004

code:
cat /dev/null > /etc/professionalism

I am in fact a massive asswagon.
Do not let me touch computer.

Angry Hippo posted:

They willingly open themselves to massive liability on the expectation that no one will sue over their McJob. When they do, they often fold is my experience.

There's the difference. You sent a letter and at this point, they can ignore you and they're are guaranteed to be out nothing, assuming nothing else happens. Once there's a lawsuit files, then it's time for them to start looking and figuring out what's going to be cheaper? Does it look like they have a decent chance at losing? Then they'd try to settle with you, which it the McJob scenario you refer to.

If you want anything to possibly happen, you're going to need to take that next step.

Cowslips Warren
Oct 29, 2005

What use had they for tricks and cunning, living in the enemy's warren and paying his price?

Grimey Drawer
Question about wills in AZ.

As odd as this sounds, I have some very expensive fish that are extinct in the wild and exist only in captive breeding programs. If I die before my mom does, she'll have no idea what to do with the fish, among other things. What kind of will/passing on of live property/animals do I need to look into? There are at least two people I would prefer to get the fish and keep the species going, but what kind of paperwork do I need to look into, or is this something I need a lawyer for?

The animals in question are worth, right now, about $2000 for the 5 adults and maybe $500 or so for some juvies, if that matters.

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

baquerd posted:

Why don't high schools offer basic education in law? It seems that grasping the basics wouldn't take up any more time than geometry and trigonometry which are much less useful for most people.

Considering what an awful job American Public schools are doing teaching kids multiplication, basic education in practical law seems a little out of the question.

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

kedo posted:

Saw this probate coming from a mile away. :golfclap: Excellent work all around lawgoons, A+++ would read again.



To follow up on my posts from a few pages ago, we finally got some good responses from an immigration lawyer and our normal employment lawyer in regards to my coworker's situation, and their feedback was this (more or less a copy/paste of what my boss wrote down while talking to them):


This is pretty much the exact opposite of what his lawyer told him which is really worrying to me. From what I can tell with admittedly zero understanding of these laws, his lawyer is basically encouraging him to do illegal things that could completely gently caress my coworker / the business.

My question is this: coworker is already out $7000 and a few months of work with this lawyer. Should he stick with him and hope things work out, or should he try to get together whatever paperwork he can and get a new lawyer who isn't so shady? I don't know how hard to push him to find better representation and I know he'd have a tough time spending a whole bunch more money.

Try not to stick your nose in his attorney-client relationship, but if he is getting bad advice, there's nothing to stop him from just talking to a different lawyer.

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

Cowslips Warren posted:

Question about wills in AZ.

As odd as this sounds, I have some very expensive fish that are extinct in the wild and exist only in captive breeding programs. If I die before my mom does, she'll have no idea what to do with the fish, among other things. What kind of will/passing on of live property/animals do I need to look into? There are at least two people I would prefer to get the fish and keep the species going, but what kind of paperwork do I need to look into, or is this something I need a lawyer for?

The animals in question are worth, right now, about $2000 for the 5 adults and maybe $500 or so for some juvies, if that matters.

A will can direct any disposition of property at the time of your death. The thing is, that anyone who is entitled to take under probate can simply refuse to accept the property. At that point, it would be up to the executor of your estate to decide what to do with the property.

A will protects your desired recipient of the property from the claims of another who wants the property. If you give the fish to your mom, without a will, then your wife or children (if so existing), could demand them upon your death. If you don't make specific provisions for the fish in your will, then the executor or the court would decide who gets them.

If its a legitimate concern that someone else may want the fish, besides who you intend to give them to, Then you probably need a will. If your estate is complex, or you have kids or a wife, or your parents are separated or estranged, then you might need an attorney.

patentmagus
May 19, 2013

Cowslips Warren posted:

Question about wills in AZ.

As odd as this sounds, I have some very expensive fish that are extinct in the wild and exist only in captive breeding programs. If I die before my mom does, she'll have no idea what to do with the fish, among other things. What kind of will/passing on of live property/animals do I need to look into? There are at least two people I would prefer to get the fish and keep the species going, but what kind of paperwork do I need to look into, or is this something I need a lawyer for?

The animals in question are worth, right now, about $2000 for the 5 adults and maybe $500 or so for some juvies, if that matters.

The fish will be dead before probate even gathers steam. Arrange for someone competent to take care of the fish if they hear about your demise/incapacity.

That said, your problem is weird but not uncommon. Pet owners die all the time. Call around to some probate lawyers and ask them if they've ever handled something like this. Pick one that says they have and whom you believe.

Lowly
Aug 13, 2009

patentmagus posted:

The fish will be dead before probate even gathers steam. Arrange for someone competent to take care of the fish if they hear about your demise/incapacity.

That said, your problem is weird but not uncommon. Pet owners die all the time. Call around to some probate lawyers and ask them if they've ever handled something like this. Pick one that says they have and whom you believe.

I am not a lawyer in Arizona, but I believe all you would have to do is add a specific provision for the fish to your will just as you would with any other property that you specifically want to dispose of. I only had one client ever who wanted to make a specific list of property to give out to people, but we put her dogs on there along with her paintings, etc.

A will by itself is not all that expensive to create and if you want to make sure you are doing it correctly, then I would go to a probate lawyer. I don't know where you are in Arizona, but if you are in Tucson, Fleming & Curti is a good one. They charge $600 for a will for a single person.

big shtick energy
May 27, 2004


Does anyone recognize this case I half-remember from a TV show years ago?

A woman was murdered, and something like 20 guys all confessed to it despite the fact that most of them didn't know each other, most of them claimed they did it alone, and all of their stories differed wildly. Eventually a handful got convicted. Does anyone know more about this, and whether what was presented on TV represents what actually happened?

FrozenVent
May 1, 2009

The Boeing 737-200QC is the undisputed workhorse of the skies.

DuckConference posted:

Does anyone recognize this case I half-remember from a TV show years ago?

A woman was murdered, and something like 20 guys all confessed to it despite the fact that most of them didn't know each other, most of them claimed they did it alone, and all of their stories differed wildly. Eventually a handful got convicted. Does anyone know more about this, and whether what was presented on TV represents what actually happened?

Are you thinking of People v Spartacus?

FrozenVent fucked around with this message at 04:32 on Jul 20, 2013

ibntumart
Mar 18, 2007

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

Powdered Toast Man posted:

I resigned from my last employer without giving notice, and I live in an "at will" state (Georgia). I have a signed employment agreement that specifies an hourly rate, but they retroactively reduced my final paycheck to minimum wage. There was no provision for this in the employment agreement, and if such a company policy existed I was not made aware of it nor did I acknowledge it in writing. I think they might have a company handbook, but it was not made available to me and I did not sign a document acknowledging that I read any such manual.

So, I'm pretty sure that they can't do what they did...but I'm not sure what to do at this point to force them to pay me what I'm owed. I have already notified them in writing that if they don't fix it, I'll report them to the DOL and if necessary, file a claim in small claims court to recover my wages. I just can't figure out how to report them to the DOL...it looks like Georgia defaults to Federal on just about everything...does that mean I need to talk to the USDOL? Or both? I'm a bit confused.

This is what the Georgia Department of Labor FAQ has to say:

quote:

Often employers and workers disagree over final amounts due. The Fair Labor Standards Act requires that employees be paid at least minimum wage for all hours worked, and time and a half for any overtime hours worked; salaried personnel must also be paid. The USDOL Wage and Hour Division enforces these requirements, but enforcement may be slow. The practical alternative is to file a claim for wages against the employer in the small claims court (Magistrate Court) in the county where the employer is located. Although the worker will have to pay a filing fee, that filing fee can be collected along with wages if the court rules in the worker's favor.

While the quoted section is specifically addressing a question about severance pay, the basic point holds. I.e., if you have a disagreement about the amount you're owed when you sever the employment relationship, the above quoted bit is what the GA DOL advises.

Powdered Toast Man
Jan 25, 2005

TOAST-A-RIFIC!!!
Well, that's just loving great. I don't really have the time to deal with it, which I'm sure is what they were counting on. I also don't know anything about how to file in small claims court and I can't afford to consult with a lawyer.

jassi007
Aug 9, 2006

mmmmm.. burger...
Apparently you can send Pm's while probated. Angry hippo says hi.

Kalman
Jan 17, 2010

jassi007 posted:

Apparently you can send Pm's while probated. Angry hippo says hi.

To more than a few of us.

an unpretty misfit
Nov 24, 2012
Apologies if this has been addressed previously in this thread, though I've just received a final hearing notice, regarding a default judgement related to a house I had foreclosed upon in Florida nearly two years ago. I no longer live in Florida, and am not at all sure as to how I should proceed. Would deeply appreciate any advice you all might have! Thank you!

FrozenVent
May 1, 2009

The Boeing 737-200QC is the undisputed workhorse of the skies.

Kalman posted:

To more than a few of us.

He went on a mailing spree. Something about being smug and everyone but him being wrong?

Bad Munki
Nov 4, 2008

We're all mad here.


FrozenVent posted:

Something about being smug and everyone but him being wrong?

Did he mention "class action where appropriate?" :allears:

FrozenVent
May 1, 2009

The Boeing 737-200QC is the undisputed workhorse of the skies.
Nah, he got 85% of his initial demand in hush money.

Bad Munki
Nov 4, 2008

We're all mad here.


In all fairness, though, "clueless stubborn idiots on the internet" would probably be the biggest class ever.

Leif.
Mar 27, 2005

Son of the Defender
Formerly Diplomaticus/SWATJester
I'd post what I got but I'm pretty sure it's a bannable offense.

Sir John Falstaff
Apr 13, 2010
I can't imagine why he's had problems with his employers. :allears:

El_Elegante
Jul 3, 2004

by Jeffrey of YOSPOS
Biscuit Hider
Ugh don't tease us just post it already. Or pm it to me.

kedo
Nov 27, 2007

blarzgh posted:

Try not to stick your nose in his attorney-client relationship, but if he is getting bad advice, there's nothing to stop him from just talking to a different lawyer.

I should mention that he has specifically asked us for advice. He is pretty clueless about the American legal system. When his lawyer missed the first deadline we said, "have you considered getting a new one?" His response: "I can?" :confused:

I'm asking here because I personally have not dealt much with lawyers directly and I'm unsure how normal it is for one to suggest skirting the law. I don't know if this is just a ho hum type of thing or a Big loving Deal.

Also I realize you lawgoons may not like the idea of someone like me nosing around in a lawyer's business, but I'm concerned for my buddy. :unsmith:

Leif.
Mar 27, 2005

Son of the Defender
Formerly Diplomaticus/SWATJester

El_Elegante posted:

Ugh don't tease us just post it already. Or pm it to me.

Posting on behalf of a banned/probated user, while not expressly mentioned in forum rules, seems to be a pretty good way to get probated/banned one's self. Even if it is utterly hilarious.

Arcturas
Mar 30, 2011

kedo posted:

I should mention that he has specifically asked us for advice. He is pretty clueless about the American legal system. When his lawyer missed the first deadline we said, "have you considered getting a new one?" His response: "I can?" :confused:

I'm asking here because I personally have not dealt much with lawyers directly and I'm unsure how normal it is for one to suggest skirting the law. I don't know if this is just a ho hum type of thing or a Big loving Deal.

Also I realize you lawgoons may not like the idea of someone like me nosing around in a lawyer's business, but I'm concerned for my buddy. :unsmith:

Yeah, you absolutely should tell him to get another attorney, or at least consult with one, though that might cost a bit of money.

JesustheDarkLord
May 22, 2006

#VolsDeep
Lipstick Apathy

Diplomaticus posted:

Posting on behalf of a banned/probated user, while not expressly mentioned in forum rules, seems to be a pretty good way to get probated/banned one's self. Even if it is utterly hilarious.

"On behalf of" is not the same as posting a PM you got from him to mock.

FrozenVent
May 1, 2009

The Boeing 737-200QC is the undisputed workhorse of the skies.
Edit: Nevermind, move along.

ibntumart
Mar 18, 2007

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

Powdered Toast Man posted:

Well, that's just loving great. I don't really have the time to deal with it, which I'm sure is what they were counting on. I also don't know anything about how to file in small claims court and I can't afford to consult with a lawyer.

Small claims courts are meant to be easy and inexpensive for the average person. You should look at the website for the magistrate's court in the county you'd be filing in and see if they have a FAQ.

Also, here is a general link: http://www.georgiacourts.org/councils/magistrate/index.html

Runic Edge
Jan 22, 2010
Got a quick question. I am tangentally related to a case concerning criminal threat. From what I understand, even if the accused threatener is totally acquited of all charges and nothing sticks, not only do they still face penalties in some states for merely being put up for a possible felony, but any fees incrued such as bail/legal fees/etc. is on their shoulder to pay, with the defense paying nothing but their own legal fees (which will probably be much smaller) unless verifiably proved they put forth the accusation while knowing it was false. And even then it is iffy.

So I'm left wondering, why not just accuse anyone you hate of criminal threat? For some people, just the bail cost can ruin your life for a long time, and that all occurs before you even get to the question of innocence or guilt. Even without it a person gets some rights stripped for life. I just want to know if it's really that hopeless and ruthless or if I am talking out of my rear end and missing something.

If it matters, it's in the area of California.

Darude - Adam Sandstorm
Aug 16, 2012

JesustheDarkLord posted:

"On behalf of" is not the same as posting a PM you got from him to mock.

I agree. Lets see it. Or PM it to me. Whatever. This thread is purely schadenfreude anyway.

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Ashcans
Jan 2, 2006

Let's do the space-time warp again!

kedo posted:

I should mention that he has specifically asked us for advice. He is pretty clueless about the American legal system. When his lawyer missed the first deadline we said, "have you considered getting a new one?" His response: "I can?" :confused:

I'm asking here because I personally have not dealt much with lawyers directly and I'm unsure how normal it is for one to suggest skirting the law. I don't know if this is just a ho hum type of thing or a Big loving Deal.

Also I realize you lawgoons may not like the idea of someone like me nosing around in a lawyer's business, but I'm concerned for my buddy. :unsmith:

Where did your colleague even find this guy? I would say that 95% of our EB1 and O-1 casework comes directly through referrals, and it doesn't sound like anyone would be recommending this dude. Your company should put him in touch with the immigration lawyers they spoke to or, if there would be some potential conflict, ask them for a referral to an attorney to take over his case.

The sort of stuff you have shared (advising people to work without authorization with dumb backdoor payments) is the sort of thing that I would expect from a sleazy notario screwing desperate, low-information clients, not a professional handling high level work like Os and EB1 green cards. I was actually suspicious that your colleague might have screwed up and made up this 'my lawyer said...' stuff to try and not get his position put on hold for however long it takes the O to roll around.

At this point your colleague should definitely look for a different lawyer; he is in a hard spot because he needs that O1 filed ASAP, but getting it filed by a joker is not a great plan, as if it gets RFE-ed or Denied he is in an even worse situation. He should definitely pull his green card process out of this person's hands and take the time to find a good lawyer from a solid referral.

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