Legal Questions: I believe the problem is that they need a well, actually

The Something Awful Forums > Discussion > Ask/Tell > Legal Questions: I believe the problem is that they need a well, actually

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Mr. Nice!: Oct 13, 2005; bone shaking.
soul baking.

I posted in the other thread also, but if you've got a physical bluebook handy just flip to the state section and look at what it says under california. It should break down pretty much everything to the lowest court for published and unpublished poo poo.

# ? Jul 29, 2017 17:29

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# ? Jun 6, 2024 11:13

Mr. Nice!: Oct 13, 2005; bone shaking.
soul baking.

Also does california not have it's own flavor of citation style like florida? I've got two citation books from legal writing years ago because you have to do things completely different here in state vs federal court.

# ? Jul 29, 2017 17:31

ulmont: Sep 15, 2010; IF I EVER MISS VOTING IN AN ELECTION (EVEN AMERICAN IDOL) ,OR HAVE UNPAID PARKING TICKETS, PLEASE TAKE AWAY MY FRANCHISE

Discendo Vox posted:

I need to APA cite court docs (writ of mandate, judgement, etc) from a county court in CA, unpublished.

Use the California Style Manual, or Monday I'll go through my old Bluebook:
http://www.sdap.org/downloads/Style-Manual.pdf

Mr. Nice! posted:

Also does california not have it's own flavor of citation style like florida? I've got two citation books from legal writing years ago because you have to do things completely different here in state vs federal court.

It does.

# ? Jul 29, 2017 22:32

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

Mr. Nice! posted:

Also does california not have it's own flavor of citation style like florida? I've got two citation books from legal writing years ago because you have to do things completely different here in state vs federal court.

Yes. California Citation Style actually makes sense though so academics won't like it.

# ? Jul 29, 2017 22:43

FrozenVent: May 1, 2009; The Boeing 737-200QC is the undisputed workhorse of the skies.

blarzgh posted:

Since 'hammer' was taken I use the moniker, "The Socket Wrench of Justice."

The Wrench of Justice ratchets slowly but exceedingly fine.

# ? Jul 31, 2017 02:13

mercenarynuker: Sep 10, 2008

In which jurisdiction do expats vote? Like, the dude who's lived 20 years in Saudi Arabia full time. Do states' resident requirements apply, or what? I know the party primaries have overseas/military components, but nothing like that applies for the general elections, right?

# ? Aug 1, 2017 14:20

joat mon: Oct 15, 2009; I am the master of my lamp;
I am the captain of my tub.

mercenarynuker posted:

In which jurisdiction do expats vote? Like, the dude who's lived 20 years in Saudi Arabia full time. Do states' resident requirements apply, or what? I know the party primaries have overseas/military components, but nothing like that applies for the general elections, right?

In their last state of residence, generally.
Yes, generally.
It applies to primary and general elections.
https://www.fvap.gov/citizen-voter

# ? Aug 1, 2017 14:28

euphronius: Feb 18, 2009

Just make up a cite that is accurate and would tell the reader where to find the info

# ? Aug 1, 2017 16:45

BgRdMchne: Oct 31, 2011

Stolen from the r/incel thread:

Pac-Manioc Root posted:

This is from the r/relationships thread and too good not to share here

[CA] Employee suffers from a phobia towards a protected class.

Hello, I run a small 6 person startup (five excluding myself). So far our product has been mostly targeted towards businesses, with a significant degree of success there. We'd like to expand our product towards consumer applications, but we need to hire a couple of devs to do that.

So far, everyone we have hired has known one of us and was hired based upon that recommendation. It just so happens that the majority of our acquaintances are male.

Anyways, one of our key employees has a PhD in machine learning and has been indispensable to our success so far. His contributions to the development of our product have been immense and we value his work a lot.

This employee is also diagnosed with "Specific phobia" by a psychiatrist and has a fear of women . He feels that working with a woman on a daily basis would serve as a trigger for him and torpedo his productivity. This is something that I would definitely like to avoid. His psychiatrist has also attested towards this fact and said that until he is exposed to women in a more controlled setting and builds up a "tolerance" to increasing levels of exposure, that it would be detrimental towards his mental health to work with women on a regular basis.

I know that employers with over 15 employees are subject to federal hiring regulations, but the state of California apparently imposes more regulations, even on businesses with just 5 employees. Given these circumstances, would we be allowed to not consider any female candidates for the developer positions that we have open?

# ? Aug 1, 2017 19:47

euphronius: Feb 18, 2009

I mean what does he think the answer is going to be .

# ? Aug 1, 2017 19:48

euphronius: Feb 18, 2009

Legally answer you can discriminate based on sex if you have a bona fide occupational qualification or BFOQ

Which is not present in this scenario

# ? Aug 1, 2017 19:50

Bad Munki: Nov 4, 2008; We're all mad here.

euphronius posted:

Legally answer you can discriminate based on sex if you have a bona fide occupational qualification or BFOQ

Which is not present in this scenario

So if they put "male stripper" as one of the job duties in all the employee contracts, though, they're good? :pervert:

# ? Aug 1, 2017 20:13

ulmont: Sep 15, 2010; IF I EVER MISS VOTING IN AN ELECTION (EVEN AMERICAN IDOL) ,OR HAVE UNPAID PARKING TICKETS, PLEASE TAKE AWAY MY FRANCHISE

euphronius posted:

Legally answer you can discriminate based on sex if you have a bona fide occupational qualification or BFOQ

Which is not present in this scenario

Ah, but how do you provide a reasonable accommodation for the developer's disability?

Checkmate!

# ? Aug 1, 2017 20:13

euphronius: Feb 18, 2009

ulmont posted:

Ah, but how do you provide a reasonable accommodation for the developer's disability?

Checkmate!

I foresaw this

There is no reasonable accommodation possible and he can be fired

# ? Aug 1, 2017 20:15

euphronius: Feb 18, 2009

Also it's not a disability .

# ? Aug 1, 2017 20:15

Bad Munki: Nov 4, 2008; We're all mad here.

euphronius posted:

Also it's not a disability .

Dis ability tho

# ? Aug 1, 2017 20:17

euphronius: Feb 18, 2009

Read the hypo again

Definitely no disability .

# ? Aug 1, 2017 20:19

ulmont: Sep 15, 2010; IF I EVER MISS VOTING IN AN ELECTION (EVEN AMERICAN IDOL) ,OR HAVE UNPAID PARKING TICKETS, PLEASE TAKE AWAY MY FRANCHISE

euphronius posted:

Also it's not a disability .

6th and 7th Circuit courts have accepted phobias as disabilities...

# ? Aug 1, 2017 20:20

euphronius: Feb 18, 2009

ulmont posted:

6th and 7th Circuit courts have accepted phobias as disabilities...

They have to substantially interfere with a major life activity first

# ? Aug 1, 2017 20:21

euphronius: Feb 18, 2009

Even if it's a disability what is the accommodation ??? Don't hire women?? lol get the gently caress out.

# ? Aug 1, 2017 20:22

Bad Munki: Nov 4, 2008; We're all mad here.

euphronius posted:

what is the accommodation ???

Private entrance to a fully enclosed box fort with a "NO GIRLS ALLOWED" sign, obviously.

e: Possibly a cordon splitting the office in two with a girls' side and a boys' side.

ee: office-issued burkas for all employees?

Bad Munki fucked around with this message at 20:27 on Aug 1, 2017

# ? Aug 1, 2017 20:24

ulmont: Sep 15, 2010; IF I EVER MISS VOTING IN AN ELECTION (EVEN AMERICAN IDOL) ,OR HAVE UNPAID PARKING TICKETS, PLEASE TAKE AWAY MY FRANCHISE

euphronius posted:

They have to substantially interfere with a major life activity first

Like his work?

euphronius posted:

Even if it's a disability what is the accommodation ??? Don't hire women?? lol get the gently caress out.

Oh, no argument there, that's never going to fly. I'm wondering if he could successfully make a request to be permitted to work from home (sometimes that's reasonable, sometimes not).

# ? Aug 1, 2017 20:25

euphronius: Feb 18, 2009

Work from home is a great idea actually .

Good job, esquire.

# ? Aug 1, 2017 20:27

euphronius: Feb 18, 2009

Bad Munki posted:

Private entrance to a fully enclosed box fort with a "NO GIRLS ALLOWED" sign, obviously.

e: Possibly a cordon splitting the office in two with a girls' side and a boys' side.

ee: office-issued burkas for all employees?

Unisex clothing and haircuts for all!

# ? Aug 1, 2017 20:32

Pureone: Nov 6, 2008

Hey guys. It's that dummy who got scammed from earlier again.

If I notify the furniture people that they can repo the furniture as I can't make payments on it, and that it's at another address (the guy that scammed me), can they legally show up there and forcefully take his furniture that I own in my name? I don't know the law when it comes to repossession of things inside your home, and or inside someone else's home. I figure this way the repo people can sell the furniture and I can owe less on it.

# ? Aug 1, 2017 22:21

Phil Moscowitz: Feb 19, 2007; If blood be the price of admiralty,
Lord God, we ha' paid in full!

euphronius posted:

They have to substantially interfere with a major life activity first

I'd say fuckin is a major life activity

# ? Aug 1, 2017 22:49

ulmont: Sep 15, 2010; IF I EVER MISS VOTING IN AN ELECTION (EVEN AMERICAN IDOL) ,OR HAVE UNPAID PARKING TICKETS, PLEASE TAKE AWAY MY FRANCHISE

Phil Moscowitz posted:

I'd say fuckin is a major life activity

quote:

(1) Disability
The term �disability� means, with respect to an individual�
(A) a physical or mental impairment that substantially limits one or more major life activities of such individual;
(B) a record of such an impairment; or
(C) being regarded as having such an impairment (as described in paragraph (3)).

(2) Major life activities
(A) In general
For purposes of paragraph (1), major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.
(B) Major bodily functions
For purposes of paragraph (1), a major life activity also includes the operation of a major bodily function, including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.

Checks out.

# ? Aug 1, 2017 22:58

blarzgh: Apr 14, 2009; SNITCHIN' RANDY; Grimey Drawer

Pureone posted:

Hey guys. It's that dummy who got scammed from earlier again.

If I notify the furniture people that they can repo the furniture as I can't make payments on it, and that it's at another address (the guy that scammed me), can they legally show up there and forcefully take his furniture that I own in my name? I don't know the law when it comes to repossession of things inside your home, and or inside someone else's home. I figure this way the repo people can sell the furniture and I can owe less on it.

If your stuff, that you want back (for whatever reason) is in someone else's house, what the repo people can/can't do is not the issue. Generally if he refuses to surrender the furniture upon demand, someone has to go to court to get a writ to take it. Whether thats you, or its the Repo people, or the creditor who has to file a suit for a writ of replevin(?).

# ? Aug 1, 2017 23:04

Pureone: Nov 6, 2008

blarzgh posted:

If your stuff, that you want back (for whatever reason) is in someone else's house, what the repo people can/can't do is not the issue. Generally if he refuses to surrender the furniture upon demand, someone has to go to court to get a writ to take it. Whether thats you, or its the Repo people, or the creditor who has to file a suit for a writ of replevin(?).

Would this be the same if I wanted to take some of the stuff that I bought back as well? Like if he just says no, and wants to keep the furnitures/tv/etc...

# ? Aug 2, 2017 04:49

Vargatron: Apr 19, 2008; MRAZZLE DAZZLE

Hypothetical question:

Say an ex-employer calls me up and asks me to set up some medical PC equipment under the table under very short notice. This will be a cash only deal. How much liability would I have if the equipment breaks two months after the job is complete?

# ? Aug 2, 2017 21:34

blarzgh: Apr 14, 2009; SNITCHIN' RANDY; Grimey Drawer

Vargatron posted:

Hypothetical question:

Say an ex-employer calls me up and asks me to set up some medical PC equipment under the table under very short notice. This will be a cash only deal. How much liability would I have if the equipment breaks two months after the job is complete?

Sorry, nobody is going to touch your black market defibrillator installation question.

# ? Aug 2, 2017 21:47

blarzgh: Apr 14, 2009; SNITCHIN' RANDY; Grimey Drawer

Pureone posted:

Would this be the same if I wanted to take some of the stuff that I bought back as well? Like if he just says no, and wants to keep the furnitures/tv/etc...

Yeah, I don't really know. Aren't the cops involved? What do they think about the furniture?

# ? Aug 2, 2017 21:48

Vargatron: Apr 19, 2008; MRAZZLE DAZZLE

blarzgh posted:

Sorry, nobody is going to touch your black market defibrillator installation question.

Actually it's bootleg iron lungs but good try.

# ? Aug 2, 2017 21:55

blarzgh: Apr 14, 2009; SNITCHIN' RANDY; Grimey Drawer

Vargatron posted:

Hypothetical question:

Say an ex-employer calls me up and asks me to set up some medical PC equipment under the table under very short notice. This will be a cash only deal. How much liability would I have if the equipment breaks two months after the job is complete?

Its like a law school exam question.

"Say an ex-employer "
- Employment Law?"

"calls me up and asks me"
- Contract(?)

"set up some medical PC equipment"
- UCC?
- Goods or Services?
- Medical Regulations?

"under the table"
- Criminal?
- Exception to Contract?
- Personal Liability?

"This will be a cash only deal"
- Tax fraud? Amount?

"equipment breaks"
- Products Liability?
- Negligence?
- Breach of Warranty?
- Breach of Contract? (illegality? exception to exception of illegality?
- Third Party Beneficiary?

# ? Aug 2, 2017 22:10

euphronius: Feb 18, 2009

blarzgh posted:

Its like a law school exam question.

"Say an ex-employer "
- Employment Law?"

"calls me up and asks me"
- Contract(?)

"set up some medical PC equipment"
- UCC?
- Goods or Services?
- Medical Regulations?

"under the table"
- Criminal?
- Exception to Contract?
- Personal Liability?

"This will be a cash only deal"
- Tax fraud? Amount?

"equipment breaks"
- Products Liability?
- Negligence?
- Breach of Warranty?
- Breach of Contract? (illegality? exception to exception of illegality?
- Third Party Beneficiary?

Nice

# ? Aug 3, 2017 01:08

Nice piece of fish: Jan 29, 2008; Ultra Carp

Vargatron posted:

Hypothetical question:

Say an ex-employer calls me up and asks me to set up some medical PC equipment under the table under very short notice. This will be a cash only deal. How much liability would I have if the equipment breaks two months after the job is complete?

Depends. Is he paying you with counterfeit money?

E: The answer is you go to prison for money laundering.

# ? Aug 3, 2017 11:01

Thesaurus: Oct 3, 2004

euphronius posted:

Even if it's a disability what is the accommodation ??? Don't hire women?? lol get the gently caress out.

Breaking state or federal law would definitely count as an "undue hardship" for the company

interacting with humans of both sexes is definitely an essential job function, which employers don't have to waive as an accommodation. no company would bother listing it on the job description because lmao

there are some tricky cases of autistic employees/applicants needing weird accommodations, like not being evaluated on their ability to communicate empathetically (ie normally) with other people. i think they're almost always going to be undue hardship unless they work alone on an assembly line or something

this reminds me of instances when there are two conflicting accommodations. eg, one person requires a service dog and the other is super allergic to animals or gets ptsd from dogs or something. i honestly don't know how this would be handled

# ? Aug 3, 2017 14:18

Vargatron: Apr 19, 2008; MRAZZLE DAZZLE

Nice piece of fish posted:

Depends. Is he paying you with counterfeit money?

E: The answer is you go to prison for money laundering.

It's either company scrip or Canadian Tire.

# ? Aug 3, 2017 14:27

euphronius: Feb 18, 2009

Thesaurus posted:

Breaking state or federal law would definitely count as an "undue hardship" for the company

interacting with humans of both sexes is definitely an essential job function, which employers don't have to waive as an accommodation. no company would bother listing it on the job description because lmao

there are some tricky cases of autistic employees/applicants needing weird accommodations, like not being evaluated on their ability to communicate empathetically (ie normally) with other people. i think they're almost always going to be undue hardship unless they work alone on an assembly line or something

this reminds me of instances when there are two conflicting accommodations. eg, one person requires a service dog and the other is super allergic to animals or gets ptsd from dogs or something. i honestly don't know how this would be handled

Yeah .

Regardless it is not a reason to not hire a woman

I wonder how that thread ended up.

# ? Aug 3, 2017 14:48

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# ? Jun 6, 2024 11:13

Thesaurus: Oct 3, 2004

and if following federal law is contrary to the owner's reasonable accommodation AND sincerely held religious beliefs? boom: the sovereign citizen of companies, immune to any legal challenge

# ? Aug 3, 2017 21:28

The Something Awful Forums > Discussion > Ask/Tell > Legal Questions: I believe the problem is that they need a well, actually

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