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GamingHyena
Jul 25, 2003

Devil's Advocate
Why not just talk to your union rep? Your CBA likely gives you additional rights anyways.

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Vargatron
Apr 19, 2008

MRAZZLE DAZZLE


Unions??? Please explain this foreign concept to this poor "right to work" employee.

DaNerd
Sep 15, 2009

u br?
Called the union and got a promise to get a call back so hopefully they call me today.

Devor
Nov 30, 2004
Lurking more.

quote:

Called the union and got a promise to get a call back so hopefully they call me today.

A quick google found this NYC military leave policy from 2012, maybe it's what they're using.

http://www.nyc.gov/html/dcas/downloads/pdf/psb/440_11R.PDF

Are you not a full-time employee? The policy looks like they pro-rate the 30 days paid leave based on your normal work schedule.

Definitely lean on your union for help with this - that's why they're there.

Carillon
May 9, 2014






What's the process for finding an attorney, specifically an employment/labor one? Some hinkiness at work means my partner wants to speak with one to make sure she's covering all her bases and documenting what needs to be documented, but outside of google employment attorney and calling the top three hits, I'm not sure there's a better process. I don't really expect there's a case or anything more than a consult and a few hours of work, if that, so maybe it doesn't matter so long as they're basically competent?

CarForumPoster
Jun 26, 2013

⚡POWER⚡

Carillon posted:

What's the process for finding an attorney, specifically an employment/labor one? Some hinkiness at work means my partner wants to speak with one to make sure she's covering all her bases and documenting what needs to be documented, but outside of google employment attorney and calling the top three hits, I'm not sure there's a better process. I don't really expect there's a case or anything more than a consult and a few hours of work, if that, so maybe it doesn't matter so long as they're basically competent?

What state? Theres plenty of ways to get referrals but none that you have some way of knowing theyre great unless you trust the person giving you one. State bar association is a common place if youre looking for "anyone not currently sanctioned by the car" in employment law.

Hieronymous Alloy
Jan 30, 2009


Why! Why!! Why must you refuse to accept that Dr. Hieronymous Alloy's Genetically Enhanced Cream Corn Is Superior to the Leading Brand on the Market!?!




Morbid Hound
Try googling "[your state] + attorney referral service"

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

Carillon posted:

What's the process for finding an attorney, specifically an employment/labor one? Some hinkiness at work means my partner wants to speak with one to make sure she's covering all her bases and documenting what needs to be documented, but outside of google employment attorney and calling the top three hits, I'm not sure there's a better process. I don't really expect there's a case or anything more than a consult and a few hours of work, if that, so maybe it doesn't matter so long as they're basically competent?

Google is generally fine, but another trick is to call a family law attorney or something unrelated, and ask them who they'd refer you to for a labor/employment law attorney. Whoever they would use will be good enough for you.

Carillon
May 9, 2014






California

Devor
Nov 30, 2004
Lurking more.

Carillon posted:

California

Michael Avenatti is good #Basta

Carillon
May 9, 2014






Devor posted:

Michael Avenatti is good #Basta

Haha I laughed at that more than I should :)

Turtlicious
Sep 17, 2012

by Jeffrey of YOSPOS
So how valid is this guys claim?

https://forums.somethingawful.com/showthread.php?&threadid=3868172

Mr. Nice!
Oct 13, 2005

c-spam cannot afford




No validity whatsoever. Lowtax explained the Higbee model early in the thread. Regardless, the file is hosted on imgur, so even if there was a valid claim, SA would be the wrong defendant.

EwokEntourage
Jun 10, 2008

BREYER: Actually, Antonin, you got it backwards. See, a power bottom is actually generating all the dissents by doing most of the work.

SCALIA: Stephen, I've heard that speed has something to do with it.

BREYER: Speed has everything to do with it.
SA would have section 230 immunity as well I believe

Kalman
Jan 17, 2010

EwokEntourage posted:

SA would have section 230 immunity as well I believe

230 doesn't apply to copyright claims, but SA'd (probably) have DMCA 512 safe harbor immunity.

mercenarynuker
Sep 10, 2008

In Lowtax's thread, someone said "lol, a Cooley grad." or something to that effect. Aside from it not being an Ivy, what exactly is bad about Cooley Law School?

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

mercenarynuker posted:

In Lowtax's thread, someone said "lol, a Cooley grad." or something to that effect. Aside from it not being an Ivy, what exactly is bad about Cooley Law School?

It's one of the worst law schools in the country.

Edit: law schools are "graded" on things like average LSAT scores of incoming students, bar exam passage rates of graduates, published journals, endowment, faculties, library, etc etc.

blarzgh fucked around with this message at 00:51 on Sep 9, 2018

Soylent Pudding
Jun 22, 2007

We've got people!


mercenarynuker posted:

In Lowtax's thread, someone said "lol, a Cooley grad." or something to that effect. Aside from it not being an Ivy, what exactly is bad about Cooley Law School?

Michael Cohen, Trump's former attorney, is also a Cooley grad. It's a place that, to combat a public perception of being the worst law school in America, created an alternative ranking system where it claims to be the second best.

Ratatozsk
Mar 6, 2007

Had we turned left instead, we may have encountered something like this...

Soylent Pudding posted:

Michael Cohen, Trump's former attorney, is also a Cooley grad. It's a place that, to combat a public perception of being the worst law school in America, created an alternative ranking system where it claims to be the second best.

Didn’t they invent some strange metric that particularly skewed the ranking, like square footage of library floor space?

UrbanLabyrinth
Jan 28, 2009

When my eyes were stabbed by the flash of a neon light
That split the night
And touched the sound of silence


College Slice

Ratatozsk posted:

Didn’t they invent some strange metric that particularly skewed the ranking, like square footage of library floor space?

https://lawschooli.com/should-i-attend-cooley-law-school/ posted:

By any reputable method of ranking ABA law schools, they would appear near the very bottom. Famously, however, for many years they tried to counter this by publishing their own rankings based on silly metrics such as total volumes in the library, law school square footage, and incoming class size. In their own estimation, they ranked 2nd, just behind Harvard!

And in other thread-relevant news...

Bacontotem
May 27, 2010



Friend of mine is a bit worried with how much trouble they might be in. They punched someone's windshield in anger, as far as I know they didn't break it. It happened because of car driver not yielding to pedestrians exiting a street car. Passanger of the car apparently filmed it and posted it on their facebook. Anything they should be preparing for?

fool of sound
Oct 10, 2012

Bacontotem posted:

Friend of mine is a bit worried with how much trouble they might be in. They punched someone's windshield in anger, as far as I know they didn't break it. It happened because of car driver not yielding to pedestrians exiting a street car. Passanger of the car apparently filmed it and posted it on their facebook. Anything they should be preparing for?

Unless the driver can prove they were in some substantive way injured by this, no.

Eric the Mauve
May 8, 2012

Making you happy for a buck since 199X

Bacontotem posted:

Friend of mine is a bit worried with how much trouble they might be in. They punched someone's windshield in anger, as far as I know they didn't break it. It happened because of car driver not yielding to pedestrians exiting a street car. Passanger of the car apparently filmed it and posted it on their facebook. Anything they should be preparing for?

Congrats on achieving facebook celebrity as Crazy Guy Punching My Windshield!

I mean, relay our congratulations to your friend for that.

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."

Relevant:
https://www.youtube.com/watch?v=VCzze971yw4

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

Bacontotem posted:

Friend of mine is a bit worried with how much trouble they might be in. They punched someone's windshield in anger, as far as I know they didn't break it. It happened because of car driver not yielding to pedestrians exiting a street car. Passanger of the car apparently filmed it and posted it on their facebook. Anything they should be preparing for?

I mean if the guy with the video can find some bored prosecutor somewhere he might file a Class C misdemeanor assault or something

Hieronymous Alloy
Jan 30, 2009


Why! Why!! Why must you refuse to accept that Dr. Hieronymous Alloy's Genetically Enhanced Cream Corn Is Superior to the Leading Brand on the Market!?!




Morbid Hound
Pro tip:

In the future, your friend should not punch people, or their things

Everyone I've ever given this advice to has agreed with it but the people who need this advice never seem to listen to it

Tibalt
May 14, 2017

What, drawn, and talk of peace! I hate the word, As I hate hell, all Montagues, and thee

Hieronymous Alloy posted:

Pro tip:

In the future, your friend should not punch people, or their things

Everyone I've ever given this advice to has agreed with it but the people who need this advice never seem to listen to it
But what about that guy, over there, who could really use a punch? Can I punch him?

Hieronymous Alloy
Jan 30, 2009


Why! Why!! Why must you refuse to accept that Dr. Hieronymous Alloy's Genetically Enhanced Cream Corn Is Superior to the Leading Brand on the Market!?!




Morbid Hound

Tibalt posted:

But what about that guy, over there, who could really use a punch? Can I punch him?

Yes, you can.

But think how much less work there would be for attorneys all over the world if everyone who was about to throw a punch took a half second beforehand to think to themselves, "Is this a good idea?"

therobit
Aug 19, 2008

I've been tryin' to speak with you for a long time

Hieronymous Alloy posted:

Yes, you can.

But think how much less work there would be for attorneys all over the world if everyone who was about to throw a punch took a half second beforehand to think to themselves, "Is this a good idea?"

Ignore this job destroying jerk.

cheese eats mouse
Jul 6, 2007

A real Portlander now
First of all I'm in Kentucky and I might have signed a non-compete with my current employer. I can't remember.

Say if I was hired to a company in California in a similar industry. It would be as a designer for restaurant hospitality IT and the job is to work on similar products from my previous job would that hold up or be too far geographically to be a valid non-compete distance? My current employer also makes money through a different means than the new would be employer. I've also worked on a lot of different products with my current employer.

It feels restrictive as a person who wants to stay in my same industry to not be able to switch to a new and better position.

Look Sir Droids
Jan 27, 2015

The tracks go off in this direction.
Does the agreement stipulate time and geographic limitations? Very few agreements will be enforced beyond state borders, if that. Is your industry small and highly particularized? How much of a unicorn are you? Did you poach customers?

It doesn’t sound like you’ll be directly competing or that your skills are irreplaceable.

Find out if you actually signed a noncompete first before you get worried.

Look Sir Droids fucked around with this message at 22:56 on Sep 11, 2018

cheese eats mouse
Jul 6, 2007

A real Portlander now
I am definitely not irreplaceable and we have another designer on staff. I have no contact with our customers since I'm not in sales. My industry is business to business IT solutions for restaurants. I've mostly worked on front of the house management apps and we have a few market competitors with that app and a few of our other apps, which is one I'm talking to now.

Look Sir Droids
Jan 27, 2015

The tracks go off in this direction.
1. It’s unlikely you’ll be sued. Noncompetes are mostly a deterrent because of the chilling effect. The agreement has to spell out time and geographic limitations. An agreement is unlikely to reach more than 200 miles from your employer.

2. If they do sue, I don’t know KY case law, but in TX or TN they would lose because restricting you as far out as CA is too much of a burden on competition.

3. If you never set foot in KY again, hard for them to serve you.

Foxfire_
Nov 8, 2010

Hieronymous Alloy posted:

Pro tip:

In the future, your friend should not punch people, or their things

Everyone I've ever given this advice to has agreed with it but the people who need this advice never seem to listen to it

Counterpoint: Nazis

EwokEntourage
Jun 10, 2008

BREYER: Actually, Antonin, you got it backwards. See, a power bottom is actually generating all the dissents by doing most of the work.

SCALIA: Stephen, I've heard that speed has something to do with it.

BREYER: Speed has everything to do with it.

Look Sir Droids posted:

1. It’s unlikely you’ll be sued. Noncompetes are mostly a deterrent because of the chilling effect. The agreement has to spell out time and geographic limitations. An agreement is unlikely to reach more than 200 miles from your employer.

2. If they do sue, I don’t know KY case law, but in TX or TN they would lose because restricting you as far out as CA is too much of a burden on competition.

3. If you never set foot in KY again, hard for them to serve you.

cheese eats mouse posted:

First of all I'm in Kentucky and I might have signed a non-compete with my current employer. I can't remember.

Say if I was hired to a company in California in a similar industry. It would be as a designer for restaurant hospitality IT and the job is to work on similar products from my previous job would that hold up or be too far geographically to be a valid non-compete distance? My current employer also makes money through a different means than the new would be employer. I've also worked on a lot of different products with my current employer.

It feels restrictive as a person who wants to stay in my same industry to not be able to switch to a new and better position.

Find out if you signed a non compete and, if you did, then ask an attorney that knows Kentucky law (or whatever state governs the non compete) or ask your new employer to take a look.

An attorney that knows his stuff will be cheaper for an hour reviewing the contract than the money/stress involved in getting a demand/threat letter from whoever holds the non compete.

The other option is ask your employer. They probably have California attorneys that know non compete in California (which is super employee friendly). Risk is that they don’t hire you because of the possibility, other risk is they fire you once they learn you’ve been threatened over a non compete (if you dont tell them)

Third Option is the yolo option mentioned above. A lot of employers wouldn’t file suit to enforce, especially on a graphics designer that doesn’t know any really trade secrets. This is the “buyer beware” approach

(I agree that a non compete in Texas probably wouldn’t be enforceable against working for a California company, but the trend towards nation wide companies is really making poo poo hard to tell based on old rear end case law and the random differences between states)

Welcome to the wild wacky world of employment law where the rules are made up and the points don’t matter!

EwokEntourage fucked around with this message at 06:13 on Sep 12, 2018

MonkeyBot
Mar 11, 2005

OMG ITZ MONKEYBOT
To be completely non-helpful, these agreements have different enforceability on a state by state basis. In California non-competes are unenforceable. In Minnesota (where I live and have dealt with this before) a non-compete clause has to specify 4 things: industry, responsibilities, time (no more than 1 year), geographic area (within the state only).

When I had to deal with an issue I e-mailed a local employment lawyer that dealt specifically with non-competes. We talked on the phone briefly for 10-15 minutes and I e-mailed him my non-compete clause and he gave me some quick and dirty advice, namely that my clause was enforceable in Minnesota. All that was for free. If it had come to dealing with enforcement then I could engage him and pay him. So it can't hurt to contact a local attorney and ask.

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!

cheese eats mouse posted:

First of all I'm in Kentucky and I might have signed a non-compete with my current employer. I can't remember.

Say if I was hired to a company in California in a similar industry. It would be as a designer for restaurant hospitality IT and the job is to work on similar products from my previous job would that hold up or be too far geographically to be a valid non-compete distance? My current employer also makes money through a different means than the new would be employer. I've also worked on a lot of different products with my current employer.

It feels restrictive as a person who wants to stay in my same industry to not be able to switch to a new and better position.

Lots of particulars and if you did sign an NCA you should probably see what it actually says and talk to a lawyer.

For example, in Kentucky you have to receive additional consideration for the agreement not to compete (continued employment is not enough):

http://opinions.kycourts.net/sc/2012-SC-000651-DG.pdf

BonerGhost
Mar 9, 2007

Hieronymous Alloy posted:

Pro tip:

In the future, your friend should not punch people, or their things

Everyone I've ever given this advice to has agreed with it but the people who need this advice never seem to listen to it

What if they almost run over my friend? It's not like you have a horn when you're on foot, you only have a fist!

Hieronymous Alloy
Jan 30, 2009


Why! Why!! Why must you refuse to accept that Dr. Hieronymous Alloy's Genetically Enhanced Cream Corn Is Superior to the Leading Brand on the Market!?!




Morbid Hound

Foxfire_ posted:

Counterpoint: Nazis

technically, not people (laws may vary by jurisdiction!)


BonerGhost posted:

What if they almost run over my friend? It's not like you have a horn when you're on foot, you only have a fist!

Have you tried this thing, just invented, we call it "yelling"

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BonerGhost
Mar 9, 2007

Hieronymous Alloy posted:

technically, not people (laws may vary by jurisdiction!)


Have you tried this thing, just invented, we call it "yelling"

Does it still help if that's my my friend's normal volume???

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