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So what does reserving all rights and refusing to make an admissions mean when a company offers a settlement?
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Dec 6, 2023 01:47
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Could mean a lot of things depending who is reserving rights and what they aren’t admitting. Settlements almost always say that they’re not an admission of fault. But the “reserving all rights” is weird depending how it’s phrased.
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Dec 6, 2023 05:34
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I’m renting in CA. Been at current place for 23 months. Currently my lease has converted to month to month per the lease terms. The landlord amended the lease at the time of writing adding a requirement that I have to give 60 days notice to vacate if I want to leave the month to month lease. I can’t seem to find if there are any CA tenent protections that trump this requirement. I would like to only give 30 day notice if legal. Lots of rando websites say 30 but others say 60. CA state website says 60 but only for landlords evicting. CA gov website doesn’t say how many days a tenent must give. At least not what I could find.
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Dec 9, 2023 04:26
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How is mail theft likely prosecuted in Santa Clara County, CA? This is a small group of people repeatedly entering my apartment building and emptying the mailboxes with a USPS master key. This is not outside. They are bypassing locked doors and gates and coming into our building. We have them on camera a couple times, and I am working on installing a silent alarm so the cops have a better chance of busting them. Over 100 people live in this apartment complex and are having their mail stolen multiple times per month. Here are some charges that seem to fit the facts: 18 USC 1708 Theft or Receipt of Stolen Mail - felony 5 yr 18 USC 1704 Keys or Locks Stolen or Reproduced - felony 10 yr CA PC 530.5(e) Mail theft - misdemeanor, refers to 18 USC 1704 CA PC 459 first-degree burglary - felony Does anyone know how the charges work out, in practice? How likely is the USPIS to seriously pursue a case? Does the DA just wave around the big, bad federal charges to get a misdemeanor plea to 530.5(e)? Because of the DOJ Petite Policy, there's either federal or state prosecution, not both, right? But it's also 1st degree residential burglary, which earns you a strike and no probation in California. This poo poo is going to go nuts over the holidays. So I am hoping they get caught. The building is in a location that has excellent response times (a block from 2 major arterials) and it happens during not-busy times (1-4 AM mid-week). I am trying to learn more about the legal aspects of this process.
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Dec 9, 2023 20:36
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https://www.uspis.gov/report That sounds like the exact thing mail cops would get involved with.
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Dec 9, 2023 20:41
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Right, but do they actually? I will of course report it to the local PD, get a case number, then make another report to the USPIS referencing that local PD case number (like I have been doing). TBH I feel like my local DA has a better handle on burglaries than the USPIS has on mail theft. But I also suspect that I, as a victim, have little to no input on what happens post-arrest. Is that true?
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Dec 9, 2023 23:38
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Probably true, but loving with mail is going to land them with years of jail time, assuming they don't plead out. E: I'm assuming. I'm guessing that they get more than zero punishment, the government has historically had a very strong interest in ensuring that the mail came through.
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Dec 10, 2023 01:58
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Yeah, I see people saying "don't mess with the postal service" all over the internet. But I also know that I spoke to my local postmaster and USPIS about when they are going to re-key our mail route, since the current key is obviously compromised. They told me that they never will, because it's too expensive. You see, it's not one key per route. The post master said they have a single key for the entire city of Mountain View, so they'd need to rekey every mailbox in the city. So now I think USPS are the dumbest motherfuckers in the universe. e: I am mad because we are being robbed 2-3x a month and the people ostensibly in charge seem totally cool with it. Arghhh. I am not mad at goons, sorry for being argumentative. Sounds like USPIS is still the proper point of contact. ryanrs fucked around with this message at 02:31 on Dec 10, 2023 |
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Dec 10, 2023 02:17
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ryanrs posted:e: I am mad because we are being robbed 2-3x a month and the people ostensibly in charge seem totally cool with it. Local LEOs are actively warning people here not to use collection boxes. quote:Five months after the Jefferson Parish Sheriff's Office warned residents to stop using the big blue U.S Postal Service collection boxes, authorities want residents to be aware that mail theft continues to be a problem. quote:the Jefferson Parish Sheriff’s Office has received eight different calls in the past eight days about checks being stolen from these blue boxes.
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Dec 10, 2023 04:13
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ryanrs posted:How is mail theft likely prosecuted in Santa Clara County, CA?
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Dec 10, 2023 04:19
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Hello, thread, I have a question for you. What are the laws and regulations in New York state regarding getting suspended from work pending an investigation? I tried calling the Department of Labor, but their automated system straight-up just told me they were too busy to talk me and hung up the call. The short version is that a coworker and I were suspended in the middle of the shift on Friday. We were told we would be paid for the rest of the day, but that we were not to return to work until called back. That's all we were told. We were given no forms or letters, and signed nothing. We're pretty sure we were supposed to sign some kind of paperwork, and neither of us knows if we're supposed to get back pay for this or what. Neither of us have been contacted, and we have no idea when this investigation will end. I can give more details if anyone wants to know, but I'll tell you now it wasn't for anything blatantly illegal that I'm aware of. I'm pretty certain this is all happening because the head manager has a grudge against my coworker and I. What can I expect out of this whole process?
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Dec 11, 2023 15:40
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You should get some documentation from HR today or in the next few days, they don’t work weekends and if you got suspended Friday they might not have had much heads up if any. How big of a company are we talking? Are you unionized? Start updating your resume anyway.
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Dec 11, 2023 15:46
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neogeo0823 posted:We were given no forms or letters, and signed nothing. We're pretty sure we were supposed to sign some kind of paperwork, Don't sign anything. Good luck with your job hunt.
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Dec 11, 2023 15:58
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FrozenVent posted:You should get some documentation from HR today or in the next few days, they don’t work weekends and if you got suspended Friday they might not have had much heads up if any. It's a big globe-spanning company that makes a product that basically everyone has used at least once a week for the last 30+ years. We are not unionized, though. Atticus_1354 posted:Don't sign anything. Good luck with your job hunt. Yeah, I needed to leave this company months ago, and I'd been dithering on it. I'm actively looking for a job now, though.
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Dec 11, 2023 16:07
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neogeo0823 posted:It's a big globe-spanning company that makes a product that basically everyone has used at least once a week for the last 30+ years. We are not unionized, though. HR will be in touch. Look for work elsewhere. Don’t sign anything, don’t initiate contact with your immediate coworkers or supervisor.
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Dec 11, 2023 18:31
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neogeo0823 posted:It's a big globe-spanning company that makes a product that basically everyone has used at least once a week for the last 30+ years. We are not unionized, though. It cannot be overstated not to sign or say anything. A company that big is going to be way better at this than you and there is zero upside for you to do anything but cleanly separate with a minimum of communication.
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Dec 11, 2023 18:40
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I'm not aware of any restrictions on an employer's ability to suspend an at will employee without pay for as long as they want. I suppose you could file for unemployment at some point, but then you're almost guaranteed out of a job
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Dec 11, 2023 19:37
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My sister works in washington and she was laid off but her boss said she'd be allowed to come back to work on a date that would be just under 8 weeks later, and by making that offer (verbally, with nothing in writing of course) my sister's unemployment application became exponentially more complicated. My sister thinks this was intentional on the part of her peevish, extremely oversharing boss who wants to control her. Ostensibly the standby offer was beneficial because it waives the requirement to document that you're seeking work, but it also means you have to fill out different forms differently and the forms are more confusing etc. In reality she's definitely not going to go back to work there, but if she doesn't want to then she has "refused work" and that affects unemployment too, and she's disabled so finding another job will be complicated.
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Dec 11, 2023 20:28
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FrozenVent posted:HR will be in touch. Look for work elsewhere. Don’t sign anything, don’t initiate contact with your immediate coworkers or supervisor. Atticus_1354 posted:It cannot be overstated not to sign or say anything. A company that big is going to be way better at this than you and there is zero upside for you to do anything but cleanly separate with a minimum of communication. yeah, that was my thinking as well. Thesaurus posted:I'm not aware of any restrictions on an employer's ability to suspend an at will employee without pay for as long as they want. I suppose you could file for unemployment at some point, but then you're almost guaranteed out of a job Right now our biggest concern is my pay. My wife's kinda freaking out about it because we're pretty low on funds overall. Mostly, I just wish I'd been given a date to return to work, or some kind of confirmation that I'm being fired or whatever. It's the uncertainty, you know? Would anyone be willing to listen to the the details via PMs and give me their thoughts on the matter? The story's nothing egregious, and honestly it's really stupid, but knowing the details might give you some better insight into the matter.
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Dec 11, 2023 20:38
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So I found this section of CA civil code: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1946 If I'm reading it right it says that rental leases become month to month at the end of the lease. The important part for me, I think, is: 'however, that as to tenancies from month to month either of the parties may terminate the same by giving at least 30 days’ written notice thereof ' So at least 30 days notice to terminate a month to month lease. So my question is, if my lease says 'at least 60 days' is that binding? Can I point to this civil code and say 'actually its 30 days' ?
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Dec 11, 2023 20:59
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neogeo0823 posted:yeah, that was my thinking as well. IANAL but work for a company and see this happen pretty often in my role. We suspend “pending investigation” for two reasons. The first is that something very serious has happened and we can’t allow you to work until we find out what exactly it was. Like we know one of two people is stealing but need time to figure out which one and don’t want them stealing more in the meantime. This is maybe 5% of the time. Probably less. The other 95%+ of the time it’s because we are firing you, but we owe you your last check when we fire you so we suspend you till the check comes, then we fire you. The more dumb you think the reason is the more likely you fall in the second bucket.
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Dec 11, 2023 21:43
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Shaocaholica posted:So I found this section of CA civil code: Sure, but first, is the statute on this rule declaratory or preceptoric law?
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Dec 11, 2023 22:57
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Nice piece of fish posted:Sure, but first, is the statute on this rule declaratory or preceptoric law? I dunno. Not sure my single unit owner landlord does either.
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Dec 11, 2023 23:17
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Then you should probably pay a lawyer to answer that question where you live. Not that they could, as I used terms from a completely different legal tradition, but whatever the american equivalent is.
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Dec 11, 2023 23:22
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Shaocaholica posted:I dunno. Not sure my single unit owner landlord does either. Hit up your local legal aid they probably have a landlord/tenant clinic or can figure it out fairly quickly.
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Dec 12, 2023 00:08
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Fork of Unknown Origins posted:IANAL but work for a company and see this happen pretty often in my role. That's kinda my fear, yeah. It's odd though, since both of us have direct deposit. Why not just fire us on the spot on a friday and let the check deposit and be done with it? I wonder if either of us have any recourse if that's the case. My coworker is a combat vet with PTSD, and I've got ADHD, and we've both been severely depressed about working in what's absolutely a hostile work environment, fostered by the very manager that's initiated all of this. Considering nothing was signed, and we weren't given any further info than "you're being sent home now. You'll be paid for the rest of the day. You are not to return until we call you back", I wonder if we can get some kind of wrongful termination judgement or something out of this. The other possibility is that corporate is visiting the site this week for a major thing, and the manager might be keeping us both home because they believe we're gonna bad mouth then to their corporate overlords. I dunno. Either way, I need to find another job.
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Dec 12, 2023 00:26
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neogeo0823 posted:That's kinda my fear, yeah. It's odd though, since both of us have direct deposit. Why not just fire us on the spot on a friday and let the check deposit and be done with it? Are you paid on Friday for that week’s hours or the previous weeks’? We pay for the previous weeks’ so we’d still owe you a check for a week if we fired you on Friday of a week you worked.
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Dec 12, 2023 00:31
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Fork of Unknown Origins posted:Are you paid on Friday for that week’s hours or the previous weeks’? We pay for the previous weeks’ so we’d still owe you a check for a week if we fired you on Friday of a week you worked. We're paid the following week. So my check from this past week will be paid out this coming Friday. Though, I'm not entirely sure how that's going to effect anything when it comes to being let go from a job? I've never heard of someone being let go from a job and not just having their final check direct deposited or mailed to their home address afterward. Like, if they're just having me sit out for a week with no pay for no reason, that's both incredibly petty and also dumb. But that's par for the course for this guy, so...  ?? So they're going to, what, call me Friday and fire me over the phone, and I'm going to respond with "Well, yeah, I figured. That's why I spent all week polishing up my resume and applying to places."I guess they might try to say that they never officially suspended me, due to the lack of paperwork, and that I just cold quit for no reason? But then they shoot themselves in the foot that way as well, because there's two of us on this, and at least half a dozen witnesses to say that they suspended us.
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Dec 12, 2023 01:09
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neogeo0823 posted:We're paid the following week. So my check from this past week will be paid out this coming Friday. Though, I'm not entirely sure how that's going to effect anything when it comes to being let go from a job? I've never heard of someone being let go from a job and not just having their final check direct deposited or mailed to their home address afterward. Like, if they're just having me sit out for a week with no pay for no reason, that's both incredibly petty and also dumb. But that's par for the course for this guy, so... It’s possible it’s a California thing but we are supposed to have the check in hand to give you for all hours worked when we terminate you. So yeah, you sit at home for a week (or a few days, we’ll request payroll to cut the check ASAP and usually get it Tuesday or Wednesday if we start the process on a Friday) then we’ll call you in and terminate you. It’s dumb but it’s how it works.
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Dec 12, 2023 01:21
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It's state by state - California is aggressive but not uniquely so: https://www.findlaw.com/smallbusiness/employment-law-and-human-resources/final-paycheck-laws-by-state.html
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Dec 12, 2023 20:08
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Soooooo, uh, losing the ability to bear children isn’t considered legally to be a “substantial impairment to a major bodily function” in Texas, huh? Guess it’s nice of the Texas Supreme Court to clarify that only doctors can determine medical necessity of an abortion but also that her doctor didn’t prove medical necessity for the court to grant the exemption.
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Dec 13, 2023 02:05
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If you thought this would ever go any other way, you’ve been taking crazy pills.
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Dec 13, 2023 02:14
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So, I had a thought this morning about my whole situation with work. I never signed any paperwork saying I was suspended from work. My state has a three day limit for job abandonment. Today is the third consecutive day I've been out of work, and my employer hasn't contacted me in any way yet, and I've not attempted to contact them. How possible do you think it is that they're going to just say I abandoned the job to try and screw me out of unemployment? After all, if they have no paperwork saying I was suspended, they can try to argue that I was never suspended, and thus had no reason for missing work, thus I abandoned the job. Should I try to politely email HR today and ask for a status update or something?
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Dec 13, 2023 14:54
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neogeo0823 posted:So, I had a thought this morning about my whole situation with work. I never signed any paperwork saying I was suspended from work. My state has a three day limit for job abandonment. Today is the third consecutive day I've been out of work, and my employer hasn't contacted me in any way yet, and I've not attempted to contact them. How possible do you think it is that they're going to just say I abandoned the job to try and screw me out of unemployment? After all, if they have no paperwork saying I was suspended, they can try to argue that I was never suspended, and thus had no reason for missing work, thus I abandoned the job. Again IANAL but I have been on the other end of this many times. A polite email shouldn’t hurt, but there’s about a 99.9% chance they’re just waiting for your last check to arrive so they can bring you in and terminate you.
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Dec 13, 2023 17:47
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Send the email asking for clarification. As long as you don't start making admissions or getting unprofessional it's not going to make anything worse. Unless you have some kind of evidence that you/your coworker were suspended BECAUSE OF your respective disabilities, then I doubt you have any recourse for a discrimination claim. Similarly, the "hostile work environment" needs to be specifically hostile towards you because of your disability or protected status for it to potentially amount to anything (not just unpleasant in general). It also sucks that you probably have no recourse even if you're fired for something that wasn't your fault or if you get swept up in some BS your coworker may have done 
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Dec 14, 2023 05:43
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Can you be convicted of attempted murder of someone who is already dead? I was thinking of the ending of American Beauty. The wife is coming home with the intent to kill Kevin Spacey, but the neighbor kills him first. Let's say that she was questioned by the cops on the way home and admitted she was going to kill her husband, but they found that he was already dead when she gave the confession.
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Dec 18, 2023 01:08
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Skunkduster posted:Can you be convicted of attempted murder of someone who is already dead? I was thinking of the ending of American Beauty. The wife is coming home with the intent to kill Kevin Spacey, but the neighbor kills him first. Let's say that she was questioned by the cops on the way home and admitted she was going to kill her husband, but they found that he was already dead when she gave the confession. Don’t you need actus reus?
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Dec 18, 2023 01:53
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Skunkduster posted:? I was thinking of the ending of American Beauty. The wife is coming home with the intent to kill Kevin Spacey, but the neighbor kills him first. Spoiler!
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Dec 18, 2023 02:04
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The concept you're thinking of is called "impossibility" by the lawyer brains. There are two kinds, legal and factual. Factual impossibility is the kind you're talking about. Legal impossibility is thinking what you're doing is a crime when it's not like trying to sell Tylenol on the street thinking it's illegal or something. It is not a defense that the guy was already dead when you were on your way there to kill him - factual impossibility is not a defense. However, for it to be attempted murder, You had to actually make an attempt, like shoot his dead body from behind not knowing he was already dead. Just driving there with the express desire intent and plan to kill him is not attempted murder. It's probably a whole bunch of other crimes though.
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Dec 18, 2023 02:09
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blarzgh posted:It's probably a whole bunch of other crimes though. What other crimes are you thinking of? To go a step further, lets say he is alive and well. Is it a crime to tell a cop that you have a gun* and you are on your way home with the intent of shooting and killing your husband? edit: *you legally have a gun
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Dec 18, 2023 02:47
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