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D34THROW posted:I've seen things like that mentioned in r/TalesFromCorporate-type threads on here in BFC, etc. A lot of times, at least to other goons, it seems like the job posting is a formality - they are going to hire, they're just doing so with a "candidate" who has already been selected for a position. The company's hands are bound by XYZ laws or internal protocols which require job postings, interviews, etc., but the person doing the hiring knew, internally or externally, who they were hiring ahead of time. That's been a trend for a very long time. What seems to be happening lately though is floods of low level job postings for which *nobody* is hired, the position is reposted, etc. I've seen stories posted about people getting recruited multiple times for the same gig etc. I suspect it's some sort of large scale fraud, maybe businesses trying to show they were trying to hire please give us more funding, maybe recruiting billing scams, who knows.
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Feb 23, 2022 18:48
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I’ve been seeing a lot of articles about businesses “trying” to hire people but not understanding that in this market they have to pay competitive wages and can’t expect years of experience in three separate disciplines for a single position or expect people with a decade of experience to want an entry level position and pay. They are so used to people desperate for work that they forgot it’s a market.
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Feb 23, 2022 19:01
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Hieronymous Alloy posted:That's been a trend for a very long time. What seems to be happening lately though is floods of low level job postings for which *nobody* is hired, the position is reposted, etc. I've seen stories posted about people getting recruited multiple times for the same gig etc. Wasn’t one of the conditions of getting certain loans or Covid benefits to be seen to be hiring, yet all you have to do is post jobs and not actually hire anyone? I swear I read an article like this somewhere but all the ones I’m googling are just talking about how people are more demanding with their benefits blah blah blah blame the workers.
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Feb 23, 2022 19:23
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ChickenDoodle posted:Wasn’t one of the conditions of getting certain loans or Covid benefits to be seen to be hiring, yet all you have to do is post jobs and not actually hire anyone? I swear I read an article like this somewhere but all the ones I’m googling are just talking about how people are more demanding with their benefits blah blah blah blame the workers. The reason I asked about this (and the reason my fancy was tickled ) in part was PPP loan forgiveness (iirc based on headcout?), in combination with the overall trend of 'not actually hiring' (for example, at a glance the orlando man thing ) Hieronymous Alloy posted:That's been a trend for a very long time. What seems to be happening lately though is floods of low level job postings for which *nobody* is hired, the position is reposted, etc. I've seen stories posted about people getting recruited multiple times for the same gig etc. Tldr, this. But also briding to a 'what can be done about it' stance. IE, if its fraud of somekind, whats the hook?
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Feb 23, 2022 22:15
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TheParadigm posted:I have a question about job postings that say they're hiring and don't actually make hires. I dunno if you sent the same question to Ask a Manager or if it's coincidence, but she answered this exact question today: quote:Nope, it’s not illegal! Companies have no legal obligation to hire just because they post a job, even if they get qualified applicants. If you could prove that the reason they didn’t was because they didn’t want to hire a candidate because of race, religion, disability, or other protected class, then sure — but the act of not hiring isn’t on its own evidence of that. Sometimes companies end up not hiring because they aren’t convinced any of their candidates are strong enough or don’t complement the skillsets already on the team, or they second-guess what they actually need or whether they need the role at all, or they hold off while they prioritize other things, or they’re considering reconfiguring the department, or waiting to see if person X is leaving because it’s starting to look they will, or all sorts of other reasons.
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Feb 24, 2022 07:07
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I am leasing to someone who only speaks Spanish. I wanted to add something in the lease above the final signature in both English and Spanish that says something to the effect of "By signing below I attest that I've read and understood the entire contents of the lease, and had them translated to me if needed". Slightly to cover my rear end but mostly because I do want the lessee to know they can and should avail themselves of translation services such as the 211 hotline, and would like them to actually know the rules so they don't immediately grill on the porch and torch the place like the people next door. What I don't want to do is just run it through Google Translate because who knows what that's going to spit out. Does anyone have some kind of template for that? My Google-fu is lacking today.
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Feb 24, 2022 19:43
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Zero VGS posted:I am leasing to someone who only speaks Spanish. I wanted to add something in the lease above the final signature in both English and Spanish that says something to the effect of "By signing below I attest that I've read and understood the entire contents of the lease, and had them translated to me if needed". Slightly to cover my rear end but mostly because I do want the lessee to know they can and should avail themselves of translation services such as the 211 hotline, and would like them to actually know the rules so they don't immediately grill on the porch and torch the place like the people next door. What I don't want to do is just run it through Google Translate because who knows what that's going to spit out. Does anyone have some kind of template for that? My Google-fu is lacking today. Contact a local bilingual attorney for translation if you want to ensure that you're covered.
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Feb 24, 2022 19:44
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Does whatever source you are getting your lease agreement from not offer the same forms in Spanish?
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Feb 24, 2022 19:53
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therobit posted:Does whatever source you are getting your lease agreement from not offer the same forms in Spanish? My lease is 10 years old, my lawyer who wrote it was great, but he's also dead. From what I can see, translating a 22-page lease would cost thousands and the courts wouldn't actually know what to do with it, so that's why I figure one clear line about "get someone to translate this for you" would be prudent.
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Feb 24, 2022 20:06
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It’s probably time to get an updated lease agreement if it’s been 10 years. Does your state/provincial Realtors association have some boilerplate forms you can use?
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Feb 24, 2022 20:08
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therobit posted:It’s probably time to get an updated lease agreement if it’s been 10 years. Does your state/provincial Realtors association have some boilerplate forms you can use? Good idea, if his dead lawyer gets wind of him replacing the lease with something from LegalZoom he might rise from the grave to slap him, at which point you negotiate a new retainer
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Feb 24, 2022 20:17
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Zero VGS posted:My lease is 10 years old, my lawyer who wrote it was great, but he's also dead. From what I can see, translating a 22-page lease would cost thousands and the courts wouldn't actually know what to do with it, so that's why I figure one clear line about "get someone to translate this for you" would be prudent. I don't think it would cost thousands to find a bilingual attorney and get an updated bilingual lease. You shouldn't cling to a decade+ old lease where you can't even call up the old lawyer and ask "is this still valid?" You could have an invalid lease under current law and you won't know! If you have no money, reach out to your local legal aid clinic that does landlord/tenant stuff. Although, as a landlord, you should have enough money to pay a lawyer for a few hours of their time every decade or so. Set some of your profits aside for that.
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Feb 24, 2022 20:33
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22 pages? What's the font size?
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Feb 24, 2022 20:55
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Mr. Nice! posted:I don't think it would cost thousands to find a bilingual attorney and get an updated bilingual lease. You shouldn't cling to a decade+ old lease where you can't even call up the old lawyer and ask "is this still valid?" Profit? In this economy? That's presumptive... Again, I don't actually want a whole bilingual lease, as I understand it none of the Spanish side is useful to a court and discrepancies between the two translations could cause more trouble (I'm reading that I can even get in legal trouble for discrepancies if it looks like I'm trying to mislead on purpose, so it is always better to ask the lessee to seek their own interpreter instead of the interpreter being provided through me). I only want the single bilingual line at the end that says "I understand what I'm signing and had it translated it needed". From what I'm reading this is always implied (i.e. https://casetext.com/case/mohamed-v-uber-techs-inc someone said they couldn't understand the English for their Uber contact and the Judge said "that's your problem") so I just want the line there as a courtesy and a just-in-case. I guess I'll go with your previous advice of finding the bilingual attorney, and I'll ask for that one bit.
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Feb 24, 2022 20:58
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Devor posted:Good idea, if his dead lawyer gets wind of him replacing the lease with something from LegalZoom he might rise from the grave to slap him, at which point you negotiate a new retainer Realtors associations presumably put these together using lawyers to be broadly applicable as a standard document. These are used to keep landlords from having stupid and invalid leases that they handwrote crazy provisions into. Probably the majority of individual landlords use them. This s really a situation where nearly everything is the same from one landlord to the other. It’s probably better than a 19 year old document if there have been any legislative changes.
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Feb 24, 2022 21:20
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therobit posted:Realtors associations presumably put these together using lawyers to be broadly applicable as a standard document. These are used to keep landlords from having stupid and invalid leases that they handwrote crazy provisions into. Probably the majority of individual landlords use them. This s really a situation where nearly everything is the same from one landlord to the other. It’s probably better than a 19 year old document if there have been any legislative changes. Yup, was just about to post this. All the rentals I lived in in this state have used the exact same lease, published by the state's apartment association. They're designed so that some part-time apartment office drone can fill in the blanks and have the renter sign and be done. There's going to be a lot of corporate landlord money backing these standardized leases, and they'll have been tested many, many times in court. And I'm sure that every time they lose, the association works to find a way to close up any loopholes tenants have found and issue an updated document. I'm sure they're not free to get and use, but probably cheaper than some bespoke lease. edit: so I honestly have no idea what real lawyers think of stuff like this, but the point is that they're not some random and generic thing off legal zoom or some other dubious source. DaveSauce fucked around with this message at 21:33 on Feb 24, 2022 |
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Feb 24, 2022 21:26
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DaveSauce posted:Yup, was just about to post this. All the rentals I lived in in this state have used the exact same lease, published by the state's apartment association. They're designed so that some part-time apartment office drone can fill in the blanks and have the renter sign and be done. Under seven bux per form from my state’s rental housing association. It also has all your standard lead paint disclosures, evictions paperwork, notices regarding change in terms, notice of violation, etc.
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Feb 24, 2022 21:46
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joat mon posted:22 pages? What's the font size? Arial 10, and it's actually 35 pages with the Section 8 rider and the Estoppel Certificate. Anyway, it isn't exactly "bespoke", it is one of those scary big-boy leases that the Megacorps around here use, just with a few extra things specific to me like "you can't grill here because the fire department said so" and "you can have pets but only with a security deposit, and I'll let you dip into that to pay a vet bill if you repay it later" because there's a surprising amount of people below poverty level who can't afford a normal security deposit yet think they'll magically be able to pay a vet bill.
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Feb 24, 2022 22:01
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The local realtor association does not write legal, good leases. Source: every lease I signed in a military-adjacent town contained clauses violating the SCRA and their inclusion alone was a misdemeanor. Why you would rely on a bunch of people who aren't lawyers and especially aren't your lawyer to protect your property and assets is beyond me, but if you feel like including a boilerplate "get this translated" is doing that, knock yourself out.
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Feb 25, 2022 11:45
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Zero VGS posted:as I understand it Unless you're a practising real estate lawyer, assume you don't.
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Feb 25, 2022 13:50
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Legal ~hypothetical~ that’s really a more general question: for a federal trial, what factors go in to how long it takes something to actually go to trial after the person has been charged? Here is the hypothetical: Council Member A is charged with federal bribery (or something, I can’t remember what) in 2018. He still has not gone to trial yet. Council Member B is charged with tax fraud in 2021. He has already been tried and convicted. Based on the news stories about these two it seems like CM A had a lot more pretrial motions about suppressing evidence etc that still have not been dealt with. Did CM B just have worse attorneys? Was his case more open and shut than CM A’s (though they both seem pretty open and shut)? Both of them are well connected and could definitely afford good attorneys.
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Feb 25, 2022 19:14
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Badger of Basra posted:Legal ~hypothetical~ that’s really a more general question: for a federal trial, what factors go in to how long it takes something to actually go to trial after the person has been charged? Those are two crimes that are similar but are very different beasts to prove beyond a reasonable doubt. Tax fraud is relatively easy. You lied on your taxes in X, Y, and Z way and here's proof that you lied. There's very little wiggleroom because numbers are involved and math don't lie. Bribery requires you to prove intent among many other things that are nowhere near as concrete and depend on a lot more extrinsic evidence that can be challenged. The more you challenge, the longer the case is going to take. By doing so, though, you also waive your constitutional right to a speedy trial and are thus on the backburner behind more pressing matters.
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Feb 25, 2022 21:03
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Badger of Basra posted:It seems like CM A had a lot more pretrial motions about suppressing evidence etc that still have not been dealt with. 1) what Mr. Nice said. 2) this is a bigger deal than you think it is. Each of these motions is its own little mini trial, with rounds of briefing, occasionally oral argument, and then affects that change the next round (e.g. evidence A is admissible, that now means that evidence B can be argued about because A is a necessary predicate for it, evidence C is barred so now we have to fight over what that means for evidence D, etc. etc. 3) a lot is still just chance - different judges move at different paces, as do different individual AUSAs and USAOs, were there implications in CM A's case leading to needing more coordination with Main Justice than B's, etc. etc.
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Feb 25, 2022 23:52
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A federal criminal tax fraud case is going to have been worked heavily and fully prepped by IRS special agents and IRS attorneys long before it makes its way to the US Attorney for the filing. I don't know anything about bribery cases, but I can tell you the tax case was likely in very good shape long before you heard anything about it. It is more than just numbers. Intent still has to be proven. But I wouldn't be surprised to hear it's generally cleaner than a bribery case. But yeah, as noted by the other posters, motions practice can really drag things out.
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Feb 26, 2022 06:03
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Criminal law question, not state specific so feel free to use any or Federal or Admiralty Law or whatever (this post has a gold fringe) During a discussion about bail reform and no cash bail, the person I was talking to asked how the amount for bail is determined. Looking around at a couple of different states, there were a lot of statues about when, why, and how a judge can adjust cash bail etc. This is interesting, but it doesn't tell me why a judge will require a $100 bond for crime type A, and a $100,000 bond for crime type B. Do judges have guidelines or worksheets that specify ranges that won't be considered legally "unreasonable?" Is it a number a judge pulls out of the air that just "feels like the right amount"?
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Feb 26, 2022 06:24
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In maritime law, the cash bond amount (or guarantee, whatever) is based on the debt outstanding on the vessel.
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Feb 26, 2022 06:39
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Volmarias posted:Is it a number a judge pulls out of the air that just "feels like the right amount"? It varies by jurisdiction but this is roughly the standard. Judges have immense discretion when they set bail, to the point that laws prohibiting the denial of bail are functionally useless because judges can just go "well, I think an appropriate bail here is umpteen million dollars." I've watched judges set blatantly unconstitutional bonds in high profile cases , secure in the knowledge that they'd get away with it, and they did. Most states have laws that are supposed to create a presumption against cash bonds, such that the only people who get cash bonds are people who are a flight risk (that is, people who have missed court dates in the past) or people who are a "danger to the community" (i.e, people who there's reason to think might re-offend while out on bail). However judges in all states routinely ignore that presumption and slap cash bonds, often heavy cash bonds, on anyone who looks at them crosswise. The calculation from the solicitor's or judge's perspective is very straightforward. If someone is in prison, that person isn't going to do anything that makes the judge or prosecutor look bad in the next election. The defendant's life might be ruined or they might die in prison, but locking more people up never hurt a judge's or prosecutor's career. Conversely, however, if they set a bond that means someone can get out, and ifthey do get out and then do something bad, there might be a newspaper or local news story about the weak-willed baby judge who got little suzie killed because she let that horrible scary criminal go free. (To be fair to judges a lot of them try very hard to set very fair bonds and take the presumption of innocence seriously. But the incentives aren't lined up in their favor; the system encourages judges to be harsh, inherently, because mercy is risk without reward). Hieronymous Alloy fucked around with this message at 11:29 on Feb 26, 2022 |
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Feb 26, 2022 11:10
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Volmarias posted:Do judges have guidelines or worksheets that specify ranges that won't be considered legally "unreasonable?" LA has a worksheet . This is for pre bail hearing and the starting point the judge is supposed to work from
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Feb 27, 2022 01:38
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FrozenVent posted:In maritime law, the cash bond amount (or guarantee, whatever) is based on the debt outstanding on the vessel. Don’t forget the inherent vice, though.
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Feb 27, 2022 01:47
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Foxfire_ posted:LA has a worksheet . This is for pre bail hearing and the starting point the judge is supposed to work from Thanks all, for this and the other "eh, whatever strikes my fancy" by the judge answers!
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Feb 27, 2022 09:02
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In theory judicial discretion is the best way to do it. We just have bad racist judges most of the time . Statutory reform won’t fix it at the moment Becuase the legislatures are also bad, capitalist and racist. So .
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Feb 27, 2022 17:18
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I realize this is a huge 'it depends', but is there a common answer to the legality of people selling abandoned enemy military equipment? Like if North America was invaded by the Lichtenstein-Iceland alliance and they left a tank or APC in my field or some crown land is it finders keepers or what?
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Feb 28, 2022 05:33
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Outrail posted:I realize this is a huge 'it depends', but is there a common answer to the legality of people selling abandoned enemy military equipment? With an angle grinder, a oxy torch, and enough time you can cut it into scrap and sell it to the junkyard. Nobody will be the wiser. This is not legal advice, but it is what I’d do if someone abandoned a large metal object on my property.
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Feb 28, 2022 09:29
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Outrail posted:I realize this is a huge 'it depends', but is there a common answer to the legality of people selling abandoned enemy military equipment? Individual states have abandoned property statutes for how many days, and whether you give notice or something, but I expect there would be some kind of executive order about federal ownership of all abandoned military chattels saying, "This belongs to the US Govt now."
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Feb 28, 2022 15:32
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blarzgh posted:Individual states have abandoned property statutes for how many days, and whether you give notice or something, but I expect there would be some kind of executive order about federal ownership of all abandoned military chattels saying, "This belongs to the US Govt now." Unless it's Musk's space garbage - then you better not touch it because we can't dare let his feelings get hurt.
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Feb 28, 2022 15:35
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We're thinking of selling the family condo. It's rented right now and the tenant was found by the broker we hired. I'm pretty sure the tenant would be interested in buying the condo. The listing agreement states that if we renew the lease we owe the broker a commission on the renewal, but there is absolutely no language regarding what happens if we sell the condo to the tenant. Does anyone know if the broker would have any right to a commission if we offered the condo directly to the tenant? This is in Florida, btw.
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Mar 1, 2022 03:54
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How you find a buyer is probably none of their loving business
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Mar 1, 2022 04:33
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dpkg chopra posted:We're thinking of selling the family condo. It's rented right now and the tenant was found by the broker we hired. You probably don't want to gamble tens of thousands of dollars of potential liability on one of our shitposts.
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Mar 1, 2022 15:31
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blarzgh posted:You probably don't want to gamble tens of thousands of dollars of potential liability on one of our shitposts. Those of us watching from the sidelines, however, very much want them to gamble tens of thousands of dollars of potential liability on shitposts.
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Mar 1, 2022 18:30
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blarzgh posted:You probably don't want to gamble tens of thousands of dollars of potential liability on one of our shitposts. As a third party observer, I respectfully disagree 
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Mar 1, 2022 20:34
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