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euphronius posted:Obviously do not commit fraud. You should not commit fraud Finally some legal advice, tho could you tell me the opposite? It'd just make my life a it easier tia
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Oct 29, 2019 17:40
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I go to war every day against my employer, and the upstairs toilet is my battlefield
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Oct 29, 2019 17:42
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blarzgh posted:I go to war every day against my employer, and the upstairs toilet is my battlefield It is your solemn duty as an hourly employee to poo poo on the clock at work.
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Oct 29, 2019 17:45
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Hoshi posted:Finally some legal advice, tho could you tell me the opposite? It'd just make my life a it easier tia Do not commit statutory crimes, that is my advice Or even common law crimes should they exist in your territory
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Oct 29, 2019 17:47
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euphronius posted:Do not commit statutory crimes, that is my advice https://www.youtube.com/watch?v=lbOtyWTRZ_g
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Oct 29, 2019 17:54
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euphronius posted:Do not commit statutory crimes, that is my advice What about novel crimes? If you commit a heretofore unknown and un-defined "bad thing" could you get "you got away with it this time. now we wrote a law saying its a crime. don't do it again?"
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Oct 29, 2019 17:56
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toplitzin posted:What about novel crimes? In America the government can’t go back in time and make something that wasn’t a crime a crime . However you are probably committing a tort so you know beware about civil liability
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Oct 29, 2019 17:59
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toplitzin posted:What about novel crimes? This is the provenance of the vast majority of criminal statutes.
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Oct 29, 2019 18:18
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Devor posted:Company policy: women can take 6 weeks of maternity leave if they intend to return to work afterwards. There is no clawback provision if she doesn't return to work This is 100% a good strategy, the only reason I even mentioned the whole going back to work for a bit thing is the guy and wife were worried about burning bridges. Unfortunately you can’t have it both ways, so either gamble your bridge by quitting immediately before returning or work or give appropriate notice and gamble your benefit instead. This is not that complicated of a situation. It’s up to OPs wife to determine individual risk.
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Oct 29, 2019 18:31
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Hoshi posted:Finally some legal advice, tho could you tell me the opposite? It'd just make my life a it easier tia I give you permission to commit freud
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Oct 29, 2019 20:24
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EwokEntourage posted:I give you permission to commit freud Tell me about your mother.
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Oct 29, 2019 20:50
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Mr. Nice! posted:Tell me about your mother. she quit her job while on maternity leave and now that company won't hire people with oedipus complexes anymore 
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Oct 29, 2019 21:00
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Electra complex
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Oct 29, 2019 21:06
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there's a difference between "company might break the law by discriminating against women" and "company voluntarily offers a benefit, and might decide to rescind that benefit because employees abused it." Even if the benefit being offered was one that was intended to reduce or eliminate discrimination. FMLA requires unpaid time off offered by larger companies. A paid policy being offered by this company is voluntary; if they decide to terminate that policy, is it "discriminating against women?" Maybe, I'm not sure, especially if the policy is offered to all employees and not just women. But really the argument boils down to, if you abuse a company policy's intent while still following its letter, you might not be breaking the law but you might be encouraging the company to change its policy, and that could affect other people down the road. That's not "victim blaming" so much as pointing out that just because the company says "use as much office supplies as you want" means you can totally take home truckloads of office supplies the day before you quit, if you do that, you might not get prosecuted for theft but you can bet the company's at least considering putting a lock on the office supplies cabinet and is gonna start being a dick to all the employees about taking more post-it notes than their monthly quota. I am not taking a position as to whether quitting right after taking paid leave is abuse, but that does seem to be the crux of the debate. One side may argue that it's not abuse and in fact is part of the intention of such policies, which is interesting to me; "give me time off to care for my infant so I don't just quit" vs. "give me time off to care for my infant and also decide if I want to come back to work or not after" both seem like things employees could demand of employers, with reasons in favor of them. Leperflesh fucked around with this message at 21:30 on Oct 29, 2019 |
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Oct 29, 2019 21:28
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State: Michigan County: Oakland Question/Issue: I've been dating my girlfriend for 4 years now. Her ex-husband is out of the picture due to a court order removing visitation (he NEVER had any custody) until he gets a court ordered psych-eval which he will never do, due to Religious circumstances. In a court of law at the visitation hearing they asked him to swear to God and he said "What God? Your God? Who's God am I swearing to?" and he wouldn't do it. So the judge told him any of his testimony is invalid and instantly removed visitation and implemented non-contact pending psych-eval. This is just to let you know the depths of the person we're dealing with here. He took his family out of this country to Taiwan because America was unholy. He essentially kept them there out of fear until my girlfriend saw his behavior was getting worse and worse and arranged a secret escape with the locals to fly to China where her parents had bodyguards waiting to fly her home. It's like a loving Lifetime movie. That decision came down not long after he was physically abusing our daughter. His views are of the “I don’t believe in modern medicine” the kind that would try to pray cancer away. There are a ton of wacky fun-time shenanigans those 3 kids had to suffer under because his god was more important than his family and children. ANYHOO, if more details on that are needed please let me know, because if it helps the below I will gladly offer it. We want to get his parental rights completely severed, so I can adopt them. This is for family unity, and protection. I'm marrying her ASAP to begin this process. The downside is this. Even though he has 0 custody and never has. Even though he has visitation suspended barring a psych eval he’ll never take. He still occasionally pays child support. Inconsistenly, not always the full amount (he owes over $5,000 is arrears) She actually told the courts she would take a lesser amount because she knew he couldn’t afford what the court ordered, and he can’t even afford that. Honestly I think he uses the sporadic payments as a form of control. Everytime he sends money it accompanies a voicemail in which he tells he to get back to reading the scriptures because she is an adultery and is making me an adulterer (he still believes they are married in the eyes of God even though a legal divorce was served) The lawyer I talked to said because he’s still paying some form of child support it will be next to impossible to get his rights severed. I have to believe there is a way. For the kids sake which in my opinion is the loving point of everything. There just has to be a way. We're hoping that if we are before the judge that knows this case very well due to all of his bullshit, that she might help us out here. That is my plan. Any hope here at all? Or is this useless?
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Oct 29, 2019 21:29
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If I tell you that your lawyer is wrong and you shouldn't listen to them, will that make you feel better?
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Oct 29, 2019 21:32
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Also, I'm trying to figure this out: He cannot see the children, cannot go near them, but still pays child support, so you want to make it so that he cannot see them, cannot go near them, but no longer pays child support?
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Oct 29, 2019 21:37
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So I can adopt them as my own. Yes. Just to cement if anything happened to her he wouldn't have 1% of an opportunity to have anything to do with them.
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Oct 29, 2019 21:43
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Or are you wanting to terminate his rights but still collect child support. That's a no go in most jurisdictions. Child support obligations are gone in most places with termination of rights. If you want to terminate his rights, then get his child support obligation terminated as well.
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Oct 29, 2019 21:43
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E: serves me right for not reading the whole thread, feel free to disregard Leperflesh posted:there's a difference between "company might break the law by discriminating against women" and "company voluntarily offers a benefit, and might decide to rescind that benefit because employees abused it." Even if the benefit being offered was one that was intended to reduce or eliminate discrimination. I will go so far as to state that any intent of a corporate policy that isn't stated in letter doesn't exist. Supreme Court judgements aside, corporations are not people and they don't have intent the way people have it. What they do have, however, are teams of people whose job is solely to figure out ways to communicate rules and policies in clear, unambiguous terms. If they haven't outlined something as restricted, it's not restricted. If they wanted to restrict it, they are more than capable of communicating what is restricted. This bullshit about letter but not intent only allows companies to have it both ways and attract/retain workers partly with benefits that they then deny arbitrarily, because you should just know that these sick days are offered to you as a benefit but if you take all of them you'll be written up. Fraud is fraud, but employers who take adverse action over perceived abuses of intent instead of, oh, I dunno, clarifying what is and isn't restricted are completely in the wrong. Claiming that all these people following the rules and using their benefits as outlined made those poor companies have to take things away is false and shifts blame to an already disadvantaged group. BonerGhost fucked around with this message at 21:50 on Oct 29, 2019 |
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Oct 29, 2019 21:46
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Comfortador posted:Movie plot or your typical family law case, interchangable really Mr Nice is right that you're probably not going to get his rights terminated while he has to keep paying support. The attorney you talked to is probably right. This is the kind of case where you hire a solid family law attorney and listen to them.
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Oct 29, 2019 22:13
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Does a divorce court have jurisdiction to terminate parental rights?
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Oct 29, 2019 22:33
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joat mon posted:Does a divorce court have jurisdiction to terminate parental rights? In Texas, anything under the Family Code goes in the same Court. But Guardianships are Probate Court which doesn't make sense . Its like, the same thing?!?
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Oct 29, 2019 22:43
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joat mon posted:Does a divorce court have jurisdiction to terminate parental rights? In Florida, yes, because both fall under the jurisdiction of family law courts.
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Oct 29, 2019 22:50
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This is correct here as well, it's all under Family court. We don't want his money. We want him not associated with those kids ever again, and if he some day does grow a loving brain and tries to game the system, we don't want him being able to do that and get his hands on those kids again. We just want a 0% chance he can somehow ever try to get into their lives again.
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Oct 29, 2019 22:53
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Then it seems like the question you should ask your attorney is how to get his child support terminated so you can get his rights terminated. There is likely a procedure to do this even if it is contested, and the fact that you’re ready and willing to adopt will probably help the process.
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Oct 29, 2019 22:59
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joat mon posted:Does a divorce court have jurisdiction to terminate parental rights? I'm sure it depends on your...jurisdiction, but in Louisiana both of them are in family court (if you live in parish with a family court, which unless you live in East Baton Rouge Parish, you don't) or in civil district court (the other 63 parishes). In both cases the court with jurisdiction over divorce can also terminate parental rights. e;f,b.
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Oct 29, 2019 22:59
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Arcturas posted:If this because fraud is illegal.
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Oct 29, 2019 23:01
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Arcturas posted:Why not this? If you're not stealing from your employer, you're stealing from your family.
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Oct 29, 2019 23:01
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Mr. Nice! posted:Then it seems like the question you should ask your attorney is how to get his child support terminated so you can get his rights terminated. There is likely a procedure to do this even if it is contested, and the fact that you’re ready and willing to adopt will probably help the process. Okay thats the direction I'll go in. Once we're married I can get them on my insurance which is a big thing too since they are on state assisted insurance, which is part of the reason he has to pay child support. I feel like Lloyd in Dumb and Dumber... "so you're saying there's a chance...." hah.
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Oct 29, 2019 23:04
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The correct way to read your corporate employee handbook: If there's not a policy preventing you from doing it, gently caress em. CVS HR has a dozen people who had the chance to write a draconian maternity policy and they didn't. It's part of your compensation package.
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Oct 29, 2019 23:57
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Devor posted:If there's not a policy preventing you from doing it, gently caress em. CVS HR has a dozen people who had the chance to write a draconian maternity policy and they didn't. It's part of your compensation package.
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Oct 30, 2019 00:02
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Mr. Nice! posted:Then it seems like the question you should ask your attorney is how to get his child support terminated so you can get his rights terminated. There is likely a procedure to do this even if it is contested, and the fact that you’re ready and willing to adopt will probably help the process. This is true, but I encourage you to also explain to your attorney (assuming you haven't already) your ultimate goal, i.e. tell your attorney this: Comfortador posted:We want him not associated with those kids ever again, and if he some day does grow a loving brain and tries to game the system, we don't want him being able to do that and get his hands on those kids again. We just want a 0% chance he can somehow ever try to get into their lives again. It's always better to tell your attorney all facts and clearly explain what you want. Don't assume you know what the next step should be or limit information given to your attorney based on your own assumptions. Parsing all that is their job. (not addressing this to you, Mr. Nice, it's just a PSA for current and potential clients)
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Oct 30, 2019 00:16
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twodot posted:I don't think anyone in the thread knows this to be true. If they can claw the money back then what the gently caress are we talking about The hypothetical is about an employee who has a choice to exercise maternity leave, even though they have a feeling that they are violating the "spirit" of maternity leave and hurt the feelings of the $58B corporate entity known as CVS
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Oct 30, 2019 00:32
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Thanatosian posted:Because your employer is likely to catch you and you will get in trouble for it. Literally the only reason. What if your employer is just one big happy family Then you are stealing from your family You loving monster
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Oct 30, 2019 00:57
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Devor posted:If they can claw the money back then what the gently caress are we talking about
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Oct 30, 2019 00:59
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I am currently pregnant with the hamburger I ate for Lunch and will be taking 40 minutes of pooternity leave from this thread
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Oct 30, 2019 01:23
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I didn't realize his wife worked at CVS. Just look in the HR manual for what happens to leave when you quit, and if it's paid out, just quit and collect your leave.
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Oct 30, 2019 01:24
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incogneato posted:This is true, but I encourage you to also explain to your attorney (assuming you haven't already) your ultimate goal, i.e. tell your attorney this: Thank you, that is good advice.
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Oct 30, 2019 01:34
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joat mon posted:Does a divorce court have jurisdiction to terminate parental rights? In PA yes They won’t tho unless someone else is adopting
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Oct 30, 2019 03:52
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