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Mr. Nice!
Oct 13, 2005

bone shaking.
soul baking.
I'm having an informal first sit down (which may be partly with the CEO) of a long established tech business here in town that sells apps and websites to businesses. I might end up doing some sort of sales/business development for them. It's better than criminal defense, at least.

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Arcturas
Mar 30, 2011

Nice piece of fish posted:

You mean not as a sort of institutional inertia/won't sell out a useless worker for loyalty issues, but legitimate documented poor performance being insufficient cause?

Mine, I guess? I've certainly seen it, worker protections are pretty stong and poor work performance has to be very well documented as well as documentation of all the things the employer ought to have done to remedy the situation (training, guidance, assistance). Of course, it varies with the job. And god help you if they are a protected class and the dismissal smells of discrimination due to reverse burden of proof/assumption of responsibility.

Protected class issues often cause this. If you have a crappy employee you want to can, but find out just before firing them that they are a member of a protected class, or they fall and get a temporary disability, or whatever, it’s often safer to put them on a PIP and jump through hoops rather than going straight to termination.

sullat
Jan 9, 2012

Vox Nihili posted:

Found this one on Reddit:

Park Ranger

PSLF my dude (assuming it doesn't get axed by DeVos)

Kawasaki Nun
Jul 16, 2001

by Reene
I keep getting these great first trial cases and my clients keep letting me down. Now I'll never pop my cherry and I'll never be king of my law school!!!!

Look Sir Droids
Jan 27, 2015

The tracks go off in this direction.
https://www.tennessean.com/story/opinion/2019/02/01/nashville-glenn-funk-fraternal-order-police-andrew-delke-daniel-hambrick/2584701002/

:lol: cops calling cops Nazis.

:lol: writing a column being mad a cop got charged.

Discendo Vox
Mar 21, 2013

This does not make sense when, again, aggregate indicia also indicate improvements. The belief that things are worse is false. It remains false.
https://twitter.com/allegrakirkland/status/1091067077765545985

Look Sir Droids
Jan 27, 2015

The tracks go off in this direction.
I’ve seen worse PJ arguments. From actual lawyers.

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer
Just had a 45 minute deposition. New World Record.

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.
Got a live one in the legal questions thread

Javid
Oct 21, 2004

:jpmf:

Account McAccount posted:

Illinois.

How legal is it for someone to record your video and/or phone calls. This person said "I haven't installed the app yet" but planned to and probably already has. I don't know how to use Skype but they say that their "WiFi doesn't work so use WiFi and or Skype." Also my texts.

I also believe that this person has installed nanny cams but I haven't found any so far but my apartment is messy but this person would do this.

I especially believe the nanny cam.

And, this person searched my apartment when they knew I wasn't there due to things to being out of place.

They legally are allowed in because they own half of the apartment.

Everyone involved with this story is a moron

The Dagda
Nov 22, 2005

Javid posted:

Everyone involved with this story is a moron

Wasn’t there a thread where someone was describing a bunch of paranoid poo poo and it turned out they had poisoning from a carbon monoxide leak or bed bugs or something?

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.

The Dagda posted:

Wasn’t there a thread where someone was describing a bunch of paranoid poo poo and it turned out they had poisoning from a carbon monoxide leak or bed bugs or something?

Fairly well known Reddit thread https://www.reddit.com/r/legaladvice/comments/34l7vo/ma_postit_notes_left_in_apartment/

Roger_Mudd
Jul 18, 2003

Buglord

ulmont posted:

Nah, TC Heartland killed that. It's down to 1 in 7. At this point it's more juries in Wilmington, Delaware.

There is some server farm in East Texas that Judge Gilstrap is using to reclaim jurisdiction. It’s likely to go back up to the Supreme Court.

Edit for case and opinion:
https://wlflegalpulse.files.wordpress.com/2018/11/11468264-0-1721.pdf

Roger_Mudd fucked around with this message at 03:17 on Feb 2, 2019

Abugadu
Jul 12, 2004

1st Sgt. Matthews and the men have Procured for me a cummerbund from a traveling gypsy, who screeched Victory shall come at a Terrible price. i am Honored.

Murrah posted:

Is anyone aware of a jurisdiction where you would legitimately say it is difficult to fire people 'for poor performance' because of something law related? Basically every single time In my life I have encountered someone saying "its hard to fire people" it seems like its really just a bureaucratic/organizational failure of management, or maybe its just a difficult and uncomfortable thing that people will always mess up somehow as basic as you can make the process.

There is obviously more to it and varies but my experiences tell me basically in almost all cases giving a performance review and putting the employee on notice of a single itemized performance issue and then documenting a subsequent review where that thing was still happening would count for just cause or whatever is needed to fire someone in that particular place.

https://www.guampdn.com/story/news/local/2019/02/02/guam-supreme-court-hearing-plumber-resinstated/2729741002/

I have lost one case in the last 10 years, and it was my current department's attempt to fire someone for missing a year's worth of work with no medical excuse provided until 3 months post-firing. The other side admitted every fact we presented - the two previous adverse actions, the warnings, the reminder for the need for doctor's notes, the emails, the 'literally going to the employee's house to see what was up'. They just said the employee had major depression, and that was why no response was given. And that was enough to not only win the case for them, despite our side doing everything possible to accommodate, but get the votes of all 4 commissioners (they only need 1 to win.) I would say firing people from gov here works about 15% of the time, with 50% of cases being thrown out for not following the process correctly.

Unamuno
May 31, 2003
Cry me a fuckin' river, Fauntleroy.

imagine going out of your way to file a defamation suit in one of like a dozen jurisdictions with a decent anti-SLAPP statute :allears:

Phil Moscowitz
Feb 19, 2007

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

Unamuno posted:

imagine going out of your way to file a defamation suit in one of like a dozen jurisdictions with a decent anti-SLAPP statute :allears:

Did they respond with an anti-SLAPP? Or was it just a 12b2

El_Elegante
Jul 3, 2004

by Jeffrey of YOSPOS
Biscuit Hider
According to the local paper, they responded with bofa.

Phil Moscowitz
Feb 19, 2007

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

El_Elegante posted:

According to the local paper, they responded with bofa.

Lol our anti-SLAPP fee provision is non-discretionary. Wonder about Oklahoma.

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:

Lol our anti-SLAPP fee provision is non-discretionary. Wonder about Oklahoma.

Has the 10th Circuit even decided anti-SLAPP laws are substantive? The 11th, IIRC, decided they were procedural and thus inapplicable in federal courts.

joat mon
Oct 15, 2009

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

Phil Moscowitz posted:

Lol our anti-SLAPP fee provision is non-discretionary. Wonder about Oklahoma.

Non-discretionary.

ulmont posted:

Has the 10th Circuit even decided anti-SLAPP laws are substantive? The 11th, IIRC, decided they were procedural and thus inapplicable in federal courts.

They've said no for another state's statute, but Oklahoma's Supreme Court has determined Oklahoma's statute to be substantive and not procedural.
Also, there's some incongruency between the statute's dispositive motion and a Rule 12 that may put them in conflict and get the attorney's fees bit tossed even if the statute is substantive.

Vox Nihili
May 28, 2008

The person I'm working below on a big matter is out for the week and jesus CHRIST being responsible for the final, definitive answer on 10,000 piddling points is maddening. I can't get anything done because people are calling and emailing me about everything imaginable and the client forgets what they're told literally within hours. I want to die.

Toona the Cat
Jun 9, 2004

The Greatest
I got paid to play racquetball and sit in a hot tub and steam room on an extended lunch break.

evilweasel
Aug 24, 2002

Toona the Cat posted:

I got paid to play racquetball and sit in a hot tub and steam room on an extended lunch break.

you're getting paid of the other stuff you're doing while you're sitting in the hot tub and steam room

Soothing Vapors
Mar 26, 2006

Associate Justice Lena "Kegels" Dunham: An uncool thought to have: 'is that guy walking in the dark behind me a rapist? Never mind, he's Asian.
I love that Toona has ascended from pitiable wretch to smug outsider

Pook Good Mook
Aug 6, 2013


ENFORCE THE UNITED STATES DRESS CODE AT ALL COSTS!

This message paid for by the Men's Wearhouse& Jos A Bank Lobbying Group

Soothing Vapors posted:

I love that Toona has ascended from pitiable wretch to smug outsider

Newly indebted, single, and homeless, Toona sought the company of another in the one place he knew he'd find it, a bathhouse.

Soothing Vapors
Mar 26, 2006

Associate Justice Lena "Kegels" Dunham: An uncool thought to have: 'is that guy walking in the dark behind me a rapist? Never mind, he's Asian.

Pook Good Mook posted:

Newly indebted, single, and homeless, Toona sought the company of another in the one place he knew he'd find it, a bathhouse.

Love is love and 80% of the world population has herpes anyway. Mazels, Toona. Live those dreams.

SlyFrog
May 16, 2007

What? One name? Who are you, Seal?

Soothing Vapors posted:

Live those dreams.

Toona Says Relax

Tokelau All Star
Feb 23, 2008

THE TAXES! THE FINGER THING MEANS THE TAXES!

Toona the Cat posted:

I got paid to play racquetball and sit in a hot tub and steam room on an extended lunch break.

Let me know when you're done, I'm the guy who wipes down the loads.

Vox Nihili
May 28, 2008

Toona the Cat posted:

I got paid to play racquetball and sit in a hot tub and steam room on an extended lunch break.

This is the lawyer and law student thread.

Soothing Vapors
Mar 26, 2006

Associate Justice Lena "Kegels" Dunham: An uncool thought to have: 'is that guy walking in the dark behind me a rapist? Never mind, he's Asian.

SlyFrog posted:

Toona Says Relax
lol

Tokelau All Star posted:

Let me know when you're done, I'm the guy who wipes down the loads.
lol x 2

Vox Nihili posted:

This is the lawyer and law student thread.

had a whole post written about how you're a hypocrite then realized i had the wrong Vox

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer
Sad day everyone, as I regret to announce that I'll be stepping down from my monthly duties as a municipal court prosecutor, and passing the torch to the next generation with the faith and trust in them and the system of justice they deserve. As of today, I am no longer a traffic ticket lawyer.

But the real treasure was the friends I made along the way.

(thought of a better one) But as I carry the lessons and the friendships I made along the way with me, in some ways, I will always be, a traffic ticket lawyer.

Nice piece of fish
Jan 29, 2008

Ultra Carp

blarzgh posted:

Sad day everyone, as I regret to announce that I'll be stepping down from my monthly duties as a municipal court prosecutor, and passing the torch to the next generation with the faith and trust in them and the system of justice they deserve. As of today, I am no longer a traffic ticket lawyer.

But the real treasure was the friends I made along the way.

(thought of a better one) But as I carry the lessons and the friendships I made along the way with me, in some ways, I will always be, a traffic ticket lawyer.

I think another angel just got its wings :3:

So how will you fill your time now? Pointless hobby? I can recommend building a cabin. Bought a new toilet today.

Look Sir Droids
Jan 27, 2015

The tracks go off in this direction.
I, a bad lawyer, posted something in the legal questions thread.

quote:

We currently have propane heating. We have a buried propane tank that supplies our HVAC and hot water heater. Our HVAC is old and lovely, so we're switching to electric and would like to just go ahead and swap out the hot water heater to electric too (it's 8 years old, so it's probably close to done anyway).

My wife called the propane company because we thought they would buy back what's in the tank, albeit at a cut rate. But they won't buy any of it back. They changed their policy. They also won't dig up their own tank. They said we have to pay someone to excavate it and they will pick it up. Otherwise they charge us $85 a year to have it in the ground. We've never signed an agreement with them and I'm curious how they think they can keep the tank there in perpetuity.

I'm doing some research, but has anyone dealt with something like this? It's still way more cost effective for us to eat all these costs to switch over. We can just keep the water heater we have, use up the propane we do have, then switch when it's empty. I'm more pissed about them not digging up the tank themselves. So if I write them a demand letter or hire a lawyer to yell at them, do I have a point?

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."

Soothing Vapors posted:

I love that Toona has ascended from pitiable wretch to smug outsider

How smug can you be when you wasted 3 years of your life, a house, and like a dozen relationships?

Popero
Apr 17, 2001

.406/.553/.735
Pretty, much to my delight

Soothing Vapors
Mar 26, 2006

Associate Justice Lena "Kegels" Dunham: An uncool thought to have: 'is that guy walking in the dark behind me a rapist? Never mind, he's Asian.

nm posted:

How smug can you be when you wasted 3 years of your life, a house, and like a dozen relationships?

When you're as blissfully unconstrained by shame or self-reflection as Toona appears to be, the sky's the limit

evilweasel
Aug 24, 2002

Look Sir Droids posted:

I, a bad lawyer, posted something in the legal questions thread.

the answer to all your questions seems to be "what's actually in the written agreements?"

Look Sir Droids
Jan 27, 2015

The tracks go off in this direction.

evilweasel posted:

the answer to all your questions seems to be "what's actually in the written agreements?"

I added some follow-up in the legal questions thread, but yeah I am waiting for them to send me the agreements.

Pook Good Mook
Aug 6, 2013


ENFORCE THE UNITED STATES DRESS CODE AT ALL COSTS!

This message paid for by the Men's Wearhouse& Jos A Bank Lobbying Group

Look Sir Droids posted:

I added some follow-up in the legal questions thread, but yeah I am waiting for them to send me the agreements.

Not a contract or property lawyer, but won't it be incumbent upon them to prove the contents of a written contract if you ultimately sue them for trespass?

I'm not trying to give legal advice, just curious about how this could go if they can't dig up these decades old documents. Or even prove there was an amendment to the agreement re buying back the unused propane.

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GamingHyena
Jul 25, 2003

Devil's Advocate

evilweasel posted:

the answer to all your questions seems to be "what's actually in the written agreements?"

Sounds like the answer to all of your questions seems to be a molotov cocktail, sunglasses, and slowly walking away with your back turned to the aftermath.

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