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joat mon
Oct 15, 2009

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

Azuth0667 posted:

I missed this.

Say you're interacting with a consultant group. They promise that they have a super secret network of suppliers and service providers that can directly reduce your operating expenses through exclusive discounts. You do the math and its a fantastic deal so you pass on a preliminary this might be good. The c-suite are ecstatic and the finance people are also very upbeat about the consultant group's offer. An agreement is drafted and it has the blessing of in-house counsel. However, once you sign the deal and get access to the consultant group's super secret club you find out that things are not as they seem. They over stated membership in the club by at least half and overstated the discount by again at least half. In fact, many members when contacted were confused and had never heard of the super secret club. The consultant group walked away with a massive consulting fee for essentially the same deal you could get by making an account on any of these vendor's websites. Naturally, the consultant group was confronted about these discrepancies and they came back with the puffery defense.

Were their claims puffery? Was it false advertising? Did this event result in the AG getting involved and a criminal investigation into the consultant group? :shrug:

What data was the math based on?
What kind of "your mileage may differ" caveats were there in the fine print?
What is the accepted/expected level of mendacity among organizations involved in the consultants group industry?

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Azuth0667
Sep 20, 2011

By the word of Zoroaster, no business decision is poor when it involves Ahura Mazda.

joat mon posted:

What data was the math based on?
What kind of "your mileage may differ" caveats were there in the fine print?
What is the accepted/expected level of mendacity among organizations involved in the consultants group industry?

I can only answer two of these because I didn't have anything to do with writing the contract. However, in-house counsel is typically pretty brutal and contracts don't get their blessing unless they're very favorable to the organization.

The math was based upon the current agreements with the vendors that were allegedly a member of the super secret club and the numbers provided by the consultant group. For example, using the current vendor agreements a gene sequencer might cost 60,000$ without consumables and the super secret club price would be 15,000$ with consumables included for 1 year. This sort of industry is very small and insular so people that decide to use chicanery end up on the outside looking in very quickly. It wouldn't be the first time someone got their company consumed for their IP by a larger megacorporation because they fooled around and found themselves without customers.

Volmarias
Dec 31, 2002

EMAIL... THE INTERNET... SEARCH ENGINES...
Sounds like they didn't have much in the way of customers anyway

I ride bikes all day
Sep 10, 2007

I shitposted in the same thread for 2 years and all I got was this red text av. Ask me about my autism!



College Slice
Is this the right thread to ask for advice regarding an "informal conference" with family court? I'm the legal guardian of a teenage boy who got into a fight with two other boys.

joat mon
Oct 15, 2009

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

I ride bikes all day posted:

Is this the right thread to ask for advice regarding an "informal conference" with family court? I'm the legal guardian of a teenage boy who got into a fight with two other boys.

Gonna have to at least give a state, but the actual helpful answer will probably involve asking an attorney who does delinquency work in that county. (if US)

I ride bikes all day
Sep 10, 2007

I shitposted in the same thread for 2 years and all I got was this red text av. Ask me about my autism!



College Slice

joat mon posted:

Gonna have to at least give a state, but the actual helpful answer will probably involve asking an attorney who does delinquency work in that county. (if US)



The wording here is pretty vague, so I have no idea what we’re walking into.

Devor
Nov 30, 2004
Lurking more.

I ride bikes all day posted:

The wording here is pretty vague, so I have no idea what we’re walking into.

oh god that's way too much information to put on the internet take the picture down

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
I'd suggest asking the juvenile what the hell this is about.

After that,

quote:

Bryan : Who killed Thursby?

Sam Spade : I don't know.

Bryan : Perhaps you don't, but you could make an excellent guess.

Sam Spade : My guess might be excellent or it might be crummy, but Mrs. Spade didn't raise any children dippy enough to make guesses in front of a district attorney, and an assistant district attorney and a stenographer

.

If someone tells you you have a right to an attorney, listen.

Did anybody get arrested? Was it your kid or the others?

Hieronymous Alloy fucked around with this message at 20:31 on Nov 27, 2023

BigHead
Jul 25, 2003
Huh?


Nap Ghost
Since they use the word "assault" it might be a good idea to consult an attorney.

spacetoaster
Feb 10, 2014

BigHead posted:

Since they use the word "assault" it might be a good idea to consult an attorney.

Yep, they are trying to get enough info to prosecute.

"Look, I just want to get your side of the story. Come on."

Vaping has become such a big deal in the schools in my district that they've started handing kids over to cops with no more evidence than: "He was in the area where vaping was occurring and he looks high". Not to mention the city has stopped doing consent orders for kids on their first alleged offense and scaring parents into just having innocent kids plead guilty to delinquency.

I know this is fighting, but yes, spend the money and have a lawyer. One of the vaping kids got a lawyer to look over the case, talk to the prosecutor, attend the hearing, and get him off with a promise to be good for 700 bucks. Those without a lawyer, not so much.

spacetoaster fucked around with this message at 20:43 on Nov 27, 2023

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

spacetoaster posted:

Yep, they are trying to get enough info to prosecute.

"Look, I just want to get your side of the story. Come on."

They might, to be fair, be trying to prosecute the other two kids.

That said is this meeting on a Friday

https://youtu.be/RkN4duV4ia0?si=T1nqkRcmy7rSDHpa

I ride bikes all day
Sep 10, 2007

I shitposted in the same thread for 2 years and all I got was this red text av. Ask me about my autism!



College Slice
I took down the letter. Relevant details are Clay County Missouri, 2 assaults. No arrests. I’m the legal guardian, his mother tried to press charges but was told by the officer that since our kid had been an active participant in the fight, there was no point.

I have videos of the fight. My kid walks up to the other two and gets in their faces over accusations the two had made a minute before. My kid gets in one of their faces, but doesn’t touch him. The other kid then pushes my kid about 10 times while the second kid follows and talks trash. The first kid throws a couple 1 armed pushes or weak punches - it’s not on film. My kid winds up and throws an anchor punch, and it goes from there. First kid throws a dozen punches, second kid throws a few from behind, my kid wraps up the first kid’s arm and doesn’t throw any more punches. Then some kids break it up.

I’m guessing “talk to a lawyer” is going to be the primary advice here. Does anyone have experience with whatever an “informal conference” is? Seems like it could be as sinister as soacetoaster suggests. Is going and just repeating “fifth amendment” ad naseum a reasonable course of action?

I ride bikes all day fucked around with this message at 21:00 on Nov 27, 2023

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

I ride bikes all day posted:

I took down the letter. Relevant details are Clay County Missouri, 2 assaults.

I’m guessing “talk to a lawyer” is going to be the primary advice here. Does anyone have experience with whatever an “informal conference” is? Seems like it could be as sinister as soacetoaster suggests. Is going and just repeating “fifth amendment” ad naseum a reasonable course of action?

My guess is that at least one of the kids already has court involvement to some degree or other and this "conference" is to determine if that kid or other kids need more.

The thing is for all we know they think your kid is the victim and if he shows up and says nothing it kihjt change their minds and make them think he has something to hide. Or maybe they want him to confess to quintuple baby murder. We don't know.

If he shows up with a lawyer everyone will just blame the lawyer when the kid doesn't say anything. There is *no* useful advice we can give other than "talk to an attorney". We don't have enough info and neither do you. Get a lawyer and pay them to figure it out.

Hieronymous Alloy fucked around with this message at 21:02 on Nov 27, 2023

spacetoaster
Feb 10, 2014

I ride bikes all day posted:

I took down the letter. Relevant details are Clay County Missouri, 2 assaults.

I’m guessing “talk to a lawyer” is going to be the primary advice here. Does anyone have experience with whatever an “informal conference” is? Seems like it could be as sinister as soacetoaster suggests. Is going and just repeating “fifth amendment” ad naseum a reasonable course of action?

If you have a lawyer friend, ask them for a recommendation.

Otherwise you can google criminal defense and look for one who does juvenile. Not that I'm saying the kid did anything wrong, but a criminal defense lawyer who handles juvenile stuff is probably going to know exactly what is going on and the people in charge.

joat mon
Oct 15, 2009

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

quote:

Diversion and Informal Adjustment:
In Missouri, youth not formally processed through the juvenile court can go through an informal court process or be referred to diversion programs. Missouri law enables government subsidies for early intervention programs designed to keep at-risk youth out of the formal justice system, while retaining supervision over the youth through a diversion program.128 These programs were created to divert juveniles from the formal system, provide services, and maintain some level of oversight. Prior to filing a petition, the juvenile officer can decide that an informal adjustment is appropriate for a case and will hold an informal adjustment conference with the youth and his or her parent, guardian, or custodian.129 The juvenile officer must counsel and advise the youth and his or her parent, guardian, or custodian about the right to counsel and the right to remain silent when an informal adjustment is made. The youth is required to admit to the allegations, and, if done so, such informal adjustment is considered in the juvenile’s court history as an admitted referral. The adjustment can include supervision by the juvenile officer and temporary placement of the youth with an appropriate person other than the parent, guardian, or custodian.130 At any time, the juvenile officer can terminate the informal process without further proceedings or file a petition in the interest of the juvenile. However, the informal adjustment process cannot continue beyond 12 months from the date of the informal adjustment agreement.

Page 28


Talk to an attorney who does juvenile work, preferably in your county.

joat mon fucked around with this message at 21:32 on Nov 27, 2023

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

I ride bikes all day posted:

I’m guessing “talk to a lawyer” is going to be the primary advice here. Does anyone have experience with whatever an “informal conference” is? Seems like it could be as sinister as soacetoaster suggests. Is going and just repeating “fifth amendment” ad naseum a reasonable course of action?


Well it's not a legal proceeding, u won't be under oath, so there's no 'pleading the 5th' but yes they are trying to gather enough information to make an academic decision and a criminal decision.

Huggybear
Jun 17, 2005

I got the jimjams
I was fired for just cause in August of this year. I live in BC, Canada, and the Ministry of Labor rep whom I consulted advised me to pursue EI regardess. I later learned that there is little likelihood one might be denied EI unless proof of theft or other criminal misconduct. Anyway, my former boss and CEO attempted to dissuade EI to honor my claim through initial investigation, and then early this month filed a secondary attempt to investigate and deny my claim.

My question is, why would they do this? I did file complaints against them with the Ministry of Labor for severance and a great deal of time off in lieu owed, which I was told were still in the queue as of about a week ago. Two weeks prior to my termination I did two things: asked for a solution for the approximately one month owed for overtime and stat holiday pay, and I also indicated I may be seeking short term leave due to health reasons (with doctor and insurance approval). They immediately claimed I was exempt (a managerial status allowing employers not to pay overtime or stat, except this was not in my contract or in the original job posting and they consistently assured me this time owed would be honored throughout the year or so I was employed, and awarded it to my peers in the company - albeit for far less time owed) and then fired me for just cause without proof, and without adhering to their own internal protocol as well as the provincial protocol outlined in labor law (warnings, written warnings, PIP, etc).

FWIW Ministry of Labor complaints (which can result in rulings of amounts owed in severance and in lieu) are not in any way affected by EI rulings or vice versa. The only information I could find on employers filing appeals on ex-employees and EI was a legal firm warning employers not to do this as it makes them more susceptible to being sued for wrongful termination.

FrozenVent
May 1, 2009

The Boeing 737-200QC is the undisputed workhorse of the skies.
They don’t want their EI contributions to go up.

Also they’re vindictive assholes.

Bad Munki
Nov 4, 2008

We're all mad here.


gently caress ‘em up

Huggybear
Jun 17, 2005

I got the jimjams

FrozenVent posted:

They don’t want their EI contributions to go up.

Also they’re vindictive assholes.

I am speaking to lawyers this week. It is time for some righteous vindication.

Legal vindication, not the Pulp Fiction variety.

pseudanonymous
Aug 30, 2008

When you make the second entry and the debits and credits balance, and you blow them to hell.

Huggybear posted:

I am speaking to lawyers this week. It is time for some righteous vindication.

Legal vindication, not the Pulp Fiction variety.

IANAL but why not both?

B33rChiller
Aug 18, 2011




Huggybear posted:

I am speaking to lawyers this week. It is time for some righteous vindication.

Legal vindication, not the Pulp Fiction variety.

Once that's sorted, be sure to contact all your old colleagues and agitate for unionizing.
Best of luck to yah!

Thomase
Mar 18, 2009
Hey there Ontario Canada, was laid off in October and signed the termination agreement, without cause. It was pretty standard and the minimum my employment contract indicated.

The company that I worked for provided what they called "Company-Days" as a company provided benefit. Each stat holiday would be turned into an extra long weekend. Was pretty sweet but never something we put in vacation time (minimum 15 days a year provided to employees) for and due to the work load I typically worked them anyways in peace and quiet.

I had 14.25 days of accrued vacation at this point and used 7 over the course of the year. When time came to get my vacation accruel payout it was something like... $100 instead of the $2,000 to $3000 I was expecting. So I questioned it and they indicated that due to providing these "Company-Days" they reduced my accrued vacation days and only owed me .25 days of accrued vacation. Maybe I'm wrong but that doesn't seem right to me?

I spoke to the ministry of labor and they indicated that I should submit a claim after asking politely in writing to comply and did after they declined. I'm not expecting anything for awhile, but again, this doesn't seem right. Any thoughts?

e: and my termination agreement did indicate that they would pay me for accrued vacation.

Thomase fucked around with this message at 14:25 on Dec 1, 2023

BigHead
Jul 25, 2003
Huh?


Nap Ghost
Contact an employment lawyer. That's probably way too specific for us to give you specific advice about. Your local jurisdiction may have laws that say you get treble pay for withheld paychecks, for instance, or may have laws that say the employer can just steal two grand from you because that's too little to justify suing.

Captain Invictus
Apr 5, 2005

Try reading some manga!


Clever Betty
I am in Massachusetts. My mom went in for day surgery and during it there were complications from perforating something unintentionally, resulting in her needing to stay longer in the hospital, which led to one of her medical issues kicking in and the hospital holding her for over 10 more days while they tried to figure THAT out. She suffered greatly while in the hospital, from being used as a target dummy for newbie IV nurses, to being considered "confused" and kept even longer than she already had been(the confusion was hospital delirium, a problem caused by being in the hospital too long). She wants to at least talk to a lawyer about her options. She mentioned she wants to call Morgan and Morgan, but I am suspicious of anything like that that advertises on podcasts, I don't know if they're any good.

The OP has a link to http://www.statebarassociations.org/lrs.htm for lawyer referrals in any state, but it's dead. then I realized the OP is over a decade old and not updated. maybe a new thread is warranted?

BigHead
Jul 25, 2003
Huh?


Nap Ghost
Those guys who advertise nationally are referral services. They take your claim, do some basic vetting and sell it for a few bucks to someone local. You can also Google "your state bar association medical malpractice" and find someone who might fit you better.

Also we're strict Scalian textual origionalists in this thread. The original OP must persist unchanged and unimproved forever, with only the one singular meaning that my own subjective brain comes up with.

Nonexistence
Jan 6, 2014
Lol morgan & morgan will not help you on this. They're for clear liability fender benders where you're ok receiving the least amount of money possible for the pleasure of getting performative "aggressive lawyering" customer service from some Buck Strickland type who actually litigates 1 case a year, if that.

Skunkduster
Jul 15, 2005




Nonexistence posted:

Lol morgan & morgan will not help you on this. They're for clear liability fender benders where you're ok receiving the least amount of money possible for the pleasure of getting performative "aggressive lawyering" customer service from some Buck Strickland type who actually litigates 1 case a year, if that.

What about the Texas Law Hawk? Is that guy legit?

edit: cawwww!

Nonexistence
Jan 6, 2014
For actual help, google "Massachusetts state bar referral service" and ask for a consultation with a medical malpractice attorney. It should be free or have a nominal administrative fee. They can assess your case, but be prepared for the chance that the news is her damages are not high enough or clearly demonstrable enough for litigation to be cost effective. At least you'll have closure.

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

Skunkduster posted:

What about the Texas Law Hawk? Is that guy legit?

edit: cawwww!

He is legitimate, yes.

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.
It would be good to have an up to date OP, all jokes aside.

edit: depressing that the OP was that user's last post.

pseudanonymous
Aug 30, 2008

When you make the second entry and the debits and credits balance, and you blow them to hell.

Discendo Vox posted:

It would be good to have an up to date OP, all jokes aside.

edit: depressing that the OP was that user's last post.

Has “The Law” changed a lot? I know the Supreme Court has a drunken frat boy whose debts mysteriously disappeared, a corrupt silent sexual harasser whose wife actively committed treason, and a handmaid who thinks women should be subservient to men and eating a cracker is literal cannibalism and that is a good thing but…

It still starts with the Magna Carta and ends with goons saying “do I need a lawyer” and the thread always saying yes…right?

Azuth0667
Sep 20, 2011

By the word of Zoroaster, no business decision is poor when it involves Ahura Mazda.

pseudanonymous posted:

Has “The Law” changed a lot? I know the Supreme Court has a drunken frat boy whose debts mysteriously disappeared, a corrupt silent sexual harasser whose wife actively committed treason, and a handmaid who thinks women should be subservient to men and eating a cracker is literal cannibalism and that is a good thing but…

It still starts with the Magna Carta and ends with goons saying “do I need a lawyer” and the thread always saying yes…right?

Its the one thing goons have actually been right about.

Captain Invictus
Apr 5, 2005

Try reading some manga!


Clever Betty

BigHead posted:

Those guys who advertise nationally are referral services. They take your claim, do some basic vetting and sell it for a few bucks to someone local. You can also Google "your state bar association medical malpractice" and find someone who might fit you better.

Nonexistence posted:

Lol morgan & morgan will not help you on this. They're for clear liability fender benders where you're ok receiving the least amount of money possible for the pleasure of getting performative "aggressive lawyering" customer service from some Buck Strickland type who actually litigates 1 case a year, if that.
that's what I figured and why I made a beeline here for opinions because I am completely ignorant of law stuff, having managed to avoid getting into legal poo poo my whole life so far.

Nonexistence posted:

For actual help, google "Massachusetts state bar referral service" and ask for a consultation with a medical malpractice attorney. It should be free or have a nominal administrative fee. They can assess your case, but be prepared for the chance that the news is her damages are not high enough or clearly demonstrable enough for litigation to be cost effective. At least you'll have closure.
alright, thanks. when she said she wanted to speak to a lawyer, I was a bit wary because going up against a hospital seems like an incredibly stressful, long, and expensive ordeal, but I'll give this a shot and we'll see. thanks all.

Thomase
Mar 18, 2009
I'm on a roll here question wise. Ontario Canada. I have shared custody of two boys and they generally are with me for a 60/40 split. It's not really a 60/40 split because their mom claims that my older son simply wants to babysit at my house literally an additional day per week they stay overnight. They also go the school just around me.

At what point in time is this generally considered status quo that it's worthwhile bringing up to a family lawyer? Also, the kids are really struggling with my ex's new husband. I keep it positive and try to support but the keep asking to Simply live with me. What's the general age where the kids can make their own decisions about where they want to live and be taken seriously?

Jean-Paul Shartre
Jan 16, 2015

this sentence no verb


Those are very good questions that are well worth what an hour of a family lawyer who knows the rules specific to your jurisdiction will cost, even if you had zero intention to initiate proceedings, much less here where you’re already thinking about it.

Thomase
Mar 18, 2009
Yeah, I start a new job next week and apparently I get access to an EAP. I'll probably just save it to then.

Volmarias
Dec 31, 2002

EMAIL... THE INTERNET... SEARCH ENGINES...

Thomase posted:

Yeah, I start a new job next week and apparently I get access to an EAP. I'll probably just save it to then.

I've heard less than stellar things about employee legal plans. It might be worth spending a couple hundred to pick a lawyers brain for an hour.

How old are the kids? As they get older, their wishes get taken into account more heavily AIUI

B33rChiller
Aug 18, 2011




Thomase posted:

Yeah, I start a new job next week and apparently I get access to an EAP. I'll probably just save it to then.

Not sure about Ontario, but in BC, one of the concerned ministries has a free mediation service for family law type stuff. My ex and I used them to draw up a separation agreement laying out splits, child support, etc. That kind of thing might be worth a google. There may be something similar available to you, as a public service.

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Remulak
Jun 8, 2001
I can't count to four.
Yams Fan
EAPs are great for trivial poo poo and terrible or useless for anything else.

At least RocketLaw.

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