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FrozenVent posted:They’d lose their next election. Isn't that what Regan did to ATC over here?
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Apr 29, 2023 05:23
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toplitzin posted:Isn't that what Regan did to ATC over here? Striking was already illegal and unemployment was twice what it is now.
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Apr 29, 2023 05:48
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Also from what I've read on that strike is is that the knock on effect is that there's a now a permanent shortage of ATC in the US because the recruitment pipeline is unfixable.
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Apr 29, 2023 08:10
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toplitzin posted:Isn't that what Regan did to ATC over here? Few are capable of what Regan and his jellybean brain accomplished.
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Apr 29, 2023 14:41
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FrozenVent posted:They’d lose their next election. No I'm American!
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Apr 30, 2023 00:18
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Reagan fired 11,350 PATCO members, there are currently over 100,000 PSAC members picketing - that doesn’t include essential workers.
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Apr 30, 2023 00:39
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I have a couple of questions, if that's okay. Located in Florida. If a car accident happens between a company vehicle and another driver, and the other driver files a lawsuit against the company driver, does the company itself get involved at all or is it just the company driver? The company driver would have been covered by the company's insurance at the time, is that relevant or not really? At what point would the defendant in a lawsuit typically be notified of said lawsuit? What form does that usually take? The link for lawyer referrals in the OP seems dead, is this site comparable for getting a lawyer in Florida? The case in question is listed as "pending" on the court's website. What part of the process is that, what does that mean? I've never needed to think about any of this before but even though I'm not the one being sued now all of a sudden I do and I'm a little overwhelmed.
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Apr 30, 2023 00:39
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If you were driving a company vehicle, advise your employer of the collision. They have insurance.
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Apr 30, 2023 01:32
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FrozenVent posted:If you were driving a company vehicle, advise your employer of the collision. They have insurance. The company had a representative on the scene afterwards so they've been aware of the collision. This lawsuit naming the company driver without mentioning the company itself at all has us wondering how worried we should be about it though.
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Apr 30, 2023 03:17
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The driver's lawyer will know how to get the company involved in the lawsuit. Maybe the company will become involved on its own, but if they don't voluntarily the driver's lawyer can force it. I don't know if the driver should discuss with his own car insurance if he gets personally sued.
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Apr 30, 2023 04:55
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FrozenVent posted:They’d lose their next election. Eh, back to work legislation is used pretty regularly by Canadian governments. It's garbage and there are scenarios where it would be struck down, but even then it can be done using the notwithstanding clause.
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Apr 30, 2023 05:40
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BigHead posted:I don't know if the driver should discuss with his own car insurance if he gets personally sued. The company driver doesn't have a personal vehicle so no car insurance in their name, but as my spouse they are listed as a secondary driver on mine. I guess once we get a lawyer that's maybe another question to ask, if it would potentially impact that insurance?
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Apr 30, 2023 12:36
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True hypothetical: When an artist creates a work-for-hire without an explicit contract, do they by default retain rights to that work for further sale? Or does "ownership" of the work pass to the purchaser? Example: I hire a cartoonist to create a character that I give as a gift to a family member. The artist then goes on to list that on their website and sell it to whomever wants it. Because I am a crazy person, I contact the artist, asserting that by commissioning and paying for that art, it becomes mine on full and final payment. Who is correct?
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Apr 30, 2023 14:10
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T.C. posted:Eh, back to work legislation is used pretty regularly by Canadian governments. It's garbage and there are scenarios where it would be struck down, but even then it can be done using the notwithstanding clause. The Federal government can't invoke notwithstanding, can it? Thats the provinces veto? Totally agree on the first part though. They'll just call you PSACs essentially and force you back. Garbage.
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Apr 30, 2023 14:28
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null_pointer posted:True hypothetical: The question is whether the work is a work for hire. Work for hire implies that the ownership of the IP rests with the company, not the creator. In the US, without a written agreement specifying work for hire, it would not be a work for hire, so the creator would retain the rights. quote:On the other hand, if the work is created by an independent contractor or freelancer, the work may be considered a work for hire only if all of the following conditions are met: https://en.wikipedia.org/wiki/Work_for_hire
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Apr 30, 2023 14:30
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Traxus IV posted:The company driver doesn't have a personal vehicle so no car insurance in their name, but as my spouse they are listed as a secondary driver on mine. I guess once we get a lawyer that's maybe another question to ask, if it would potentially impact that insurance? Yes that's also a good question but not the question I was thinking of. Some personal car insurance will have "you were driving someone else's car" coverage for just this scenario. Like if I borrow my father in law's truck to pick up the trees from the nursery that I need to plant this weekend. If the personal insurance company might have coverage then the driver should let them know because (a) the company might get the driver a lawyer and (b) the policy might have a "let us know or we won't cover you" clause. Again I don't have any idea what the answer to this is. The reason the company ought to get involved is that it's a perfectly plausible scenario that the driver would immediately admit fault and blame the company ("I caused the accident but it was because the company didn't maintain the brakes in their vehicle") in exchange for being dismissed from the lawsuit. The company might be on the hook in that scenario. Happens all the time in the criminal context when the company's accountant admits to cooking the books on behalf of the board in exchange for a plea deal or immunity. The company comes screaming in early to try to manage that liability. Imagine person A hits person B while A is driving for UPS, causing a million dollars in damage. Someone driving for UPS probably ain't got a million dollars, so it's in both A and B's interest to make UPS the responsible party. If B sues A there's all sorts of things A can do to shift blame to UPS, so UPS will try to Kramer into the B vs A lawsuit to protect itself by protecting A. It's very complicated which is why the driver needs a lawyer sooner than later. BigHead fucked around with this message at 17:26 on Apr 30, 2023 |
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Apr 30, 2023 16:14
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BigHead posted:It's very complicated which is why the driver needs a lawyer sooner than later. Yeah no kidding, and it's our first order of business once the weekend is up. Towards that end, does this site seem alright for finding a lawyer in Florida? We're also reaching out to local contacts to try and see if any acquaintances have suggestions on that front, too. Thank you guys for the advice and explanations so far
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Apr 30, 2023 18:31
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Jenkl posted:The Federal government can't invoke notwithstanding, can it? Thats the provinces veto? "Parliament or the legislature of a province..." is used throughout Section 33.
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Apr 30, 2023 19:24
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Traxus IV posted:I have a couple of questions, if that's okay. Located in Florida. Where is the company’s auto insurance in all of this? You shouldn’t be out fishing for your own lawyer the auto insurance should provide one that’s part of the point of paying for auto insurance. I also really doubt the driver is the only entity being sued here standard practice is suing everyone under the sun which would be the driver and the company and the insurance company. You seem to have not been served, were you just searching public records for the drivers name? Maybe I missed some context but none of this is making a lot of sense.
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Apr 30, 2023 19:45
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bird with big dick posted:Where is the company’s auto insurance in all of this? You shouldn’t be out fishing for your own lawyer the auto insurance should provide one that’s part of the point of paying for auto insurance. Sorry, I've been a bit scattered about it and haven't done a good job of explaining. We haven't been served, my spouse (the company driver) got a letter from some rando lawyer this weekend advertising his services because YOU'RE BEING SUED! ACT NOW!! We didn't know about the lawsuit previous to that, but we did go searching the court's website after getting that letter and in the public records there is a lawsuit pending from the other driver in the collision, naming my spouse as the defendant. Neither of us have ever dealt with this kind of thing, so we're both not sure what steps to take. For further context, the collision happened in early January. About two weeks after the accident, my spouse was let go from the company. At the time of the accident, though, my spouse was absolutely covered by the company's insurance as their employee and followed all of their reporting guidelines for the incident. The lawsuit was filed last month in March. We only know about it because of that lawyer's advertisement in our mail tipping us off and getting us to check public records. We haven't been served, and we don't know if the company is involved in any way because it's not mentioned in any of the publicly available paperwork filed with the court and we have no current contact with the company.
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Apr 30, 2023 23:53
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Call a local lawyer tomorrow. That's the only answer if you're being sued. Borrow money from your parents/brother/whatever for the fee if you have to. Do not ignore this. Tell them everything you told us and retain their services to give you advice on what to do.
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May 1, 2023 04:14
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BigHead posted:Call a local lawyer tomorrow. That's the only answer if you're being sued. Borrow money from your parents/brother/whatever for the fee if you have to. Do not ignore this. Tell them everything you told us and retain their services to give you advice on what to do. Before you even talk to the insurance company they were/are covered by and/or their lawyers?
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May 1, 2023 04:46
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bird with big dick posted:Before you even talk to the insurance company they were/are covered by and/or their lawyers? Are you going to advise a guy and his wife who just got sued? I'm not. They need to find a local lawyer who they can pay for that advice. Edit: I'm not being a dick to bird with a big dick or anyone else. "Good question, go talk to a lawyer"is the answer to the question. BigHead fucked around with this message at 06:08 on May 1, 2023 |
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May 1, 2023 06:01
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I've been posting in the Pregnancy Megathread about my wife and I, and I'd love if anyone has any FMLA information/pregnancy discrimination experience. We're starting a conversation with a lawyer (began the process last week) but if anyone can opine/has experience, we'd appreciate it, since we're basically on an island here. This might be too advanced/complicated to post here, but here goes. Backstory: My wife's company was acquired by a company based out of another state. She is/was a rockstar employee (#2 in charge behind the CEO in her 30 odd person clinic) and the acquiring company made a number of 'big promises/future plans' when they acquired in late Sept 2022. We have some of these plans in writing, including her slotting in in a Regional Director role. My wife disclosed to her new direct supervisor in early January that she was pregnant and asked for confidentiality based on the fact that she didn't want any of her coworkers to know. 3 weeks after the disclosure, her new management began stripping responsibilities. This culminated with a visit in mid March from the new owner who, in their 1 on 1 (before my wife disclosed to him that she was pregnant- at that point 26 weeks and still completely hiding it with sweaters/baggy clothing) asked her point blank "What are your plans after your pregnancy? Are you planning on returning to work here? Word around the office is you aren't planning on coming back." Of course, my wife was completely caught off guard since she is planning on returning, she has never said anything to the contrary to anyone, and she immediately stated that she fully intended on returning after her FMLA. 3 days later, she received a new job description (with a massive reduction in responsibilities) and was told she would be receiving a new, lower title (although they haven't adjusted her pay, yet). With her due date approaching in mid June, on 4/21 she stated her intent to take FMLA/PFML effective 6/15 (6/19 due date). She wanted to go above and beyond the 30 day requirement. We live in Washington State (thankfully) where the Washington PFML laws provide 4 weeks for pregnancy medical recovery as well as 12 weeks of bonding time for a total of 16 paid weeks. Additionally, a C-section or bed rest mandate can add 2 weeks to the paid leave, for a total of 18 weeks. She stated this in her notification letter, that she planned on taking 16 total weeks (4 medical, 12 bonding). She received a response from the 3rd party HR that reads thusly: HR Company posted:[HR Company] has received your request for a leave of absence. Although you are not eligible for Family and Medical Leave Act (FMLA) due to working at a location that does not have at least 50 employees or more within a 75-mile radius, you may be eligible for leave under Washington Paid Family and Medical Leave (WA PFML). WA PFML will provide up to 12 weeks of leave. WA PFML may be taken intermittently or continuously. They then called her and she missed their call but in their voicemail they informed her that her dates were calculated wrong and she needed to adjust them to match 12 weeks of leave. It just sucks for my wife because she's absolutely convinced (based on their actions) that they're walking her off a cliff here and they're going to dump her the moment she starts her PFML, benefit-less. I'm certain they'll come up with some horseshit "her position was causing us undue financial damage" bullshit, but yea. I know for a fact that they're wrong about Washington PFML, I'm just trying to line up any other things that I can to see where we can take it. I've been doing extensive reading about 'integrated companies' (which voids the 50 employee minimum threshold for FMLA protection) of which her current company most definitely seems to be as it meets all 4 of the stipulations to be defined as such: (i) Common management; (yes) (ii) Interrelation between operations; (yes) (iii) Centralized control of labor relations; and (yes) (iv) Degree of common ownership/financial control. (yes) They have 500 employees total across the country- the only kicker here is that they only have 37 within a 75 mile radius of her office. However, I keep seeing that there may be exceptions to the 50/75 mile radius rule. For example, no mention of 75 miles is made in Washington revised law (https://codes.findlaw.com/wa/title-50a-family-and-medical-leave/wa-rev-code-50a-35-010.html) I'm not really sure what I'm looking for here, just basically...a direction or if anyone else has gone through anything remotely close. It feels like the 75 mile radius thing is gonna be hard to overcome, but I do see articles in which it's seemingly ignored, provided the company has at least 50 employees (which we believe they would, according to that integration test). Any thoughts or suggestions would certainly help and be appreciated.
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May 1, 2023 08:18
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BigHead posted:Call a local lawyer tomorrow. That's the only answer if you're being sued. Borrow money from your parents/brother/whatever for the fee if you have to. Do not ignore this. Tell them everything you told us and retain their services to give you advice on what to do. Neither of us has ever needed to get a lawyer in our lives, is it as simple as googling "[area] lawyer" and grabbing any result? Are there better ways to go about it than picking basically at random or is that fine for what it seems like we need? When picking is there anything we should look for, like specific qualifications or, I dunno, flavors of lawyer for this kind of case? We don't plan on ignoring this in the slightest, we just don't have any experience with any aspect of it so even a simple "get a lawyer" still generates some questions because we are completely ignorant of this kind of thing
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May 1, 2023 09:03
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NAL, but have had bad experiences with car insurance and civil courts. Call your state bar’s referral line, it probably exists. Personally I’d talk to whoever they send you to AND the lawyer that sent the “you’re being sued” mail. The fact that they do this tells me that they know people aren’t getting served, so they know. how to deal with it.
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May 1, 2023 09:34
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BigHead posted:Are you going to advise a guy and his wife who just got sued? I'm not. They need to find a local lawyer who they can pay for that advice. If you cause a car accident and then later learn you’re being sued over it your first call isn’t to the car insurance company it’s to a personal attorney which you are going to pay out of pocket, is that correct? Because I have seen this question asked a thousand times both here and Reddit and every single other time the answer is “this is why insurance coverage exists call the insurance company and do what their lawyer tells you.” Which makes sense because people don’t generally try and squeeze pennies out of unemployed OPs spouses they sue to get big bucks out of insurance companies and employers. And 99.999% of the time the scenario is that someone is trying to get policy max out of the insurance company because they went to the chiropractor twice and the insurance company is in the process of telling them to gently caress off so to me it seems silly to hire a third party attorney out of pocket before you have even the vaguest idea of what is happening which you could probably acquire in five minutes with a phone call to the previous employer and their insurance company. And to be clear IANAL but I have a little bit of experience with car accident lawsuits and am just giving my observations about what the advice usually is.
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May 1, 2023 15:05
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I would contact the insurance company first because they almost certainly have a duty to defend. It really depends on the insurance policy, but I would be shocked to see a driver of a commercial vehicle that wasn't drunk or on drugs get held personally liable for anything done in the line of duty, and I don't know of any commercial vehicle policy that would not also include a duty to defend auto negligence suits. I wouldn't contact a personal defense attorney unless there was some indication that the insurance company and/or the employer were refusing to defend. At that point I'd look up local private defense attorneys in your area and have a consultation. Call the auto insurance company first, though, and they're definitely going to get involved. The lawyer sending the "YOU'RE BEING SUED" post card may or may not be a decent quality defense attorney, but I'm not certain that type of solicitation would be ethical in all jurisdictions. It's someone trying to drum up business not doing them a favor regardless of whether or not the mailer meets the local solicitation requirements.
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May 1, 2023 15:16
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Remulak posted:NAL, but have had bad experiences with car insurance and civil courts. i think he got mail from some lawyer that is getting listing of new cases filed and mailing out solicitations to represent people. its pretty common
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May 1, 2023 15:35
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Yeah the lawyer who mailed OP is basically ambulance chasing.
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May 1, 2023 17:44
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What's a good gift for a fresh JD?
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May 1, 2023 19:05
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Azuth0667 posted:What's a good gift for a fresh JD? Whiskey, a fancy pen, a little gavel that they can leave on their desk and fidget with, framing for their diplomas, addiction counseling subscriptions, an obnoxiously loud tie, referrals for large clients, an e-ink tablet for taking notes, or a mini-fridge for their office.
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May 1, 2023 19:10
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A sympathy card.
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May 1, 2023 19:12
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FrozenVent posted:Yeah the lawyer who mailed OP is basically ambulance chasing. This was the impression that we got as well and were initially disinclined to contact this particular lawyer because of it. Thanks again all for helping to lay out some beginning steps for us. Looks like first stop is the insurance company and getting the contact info of a few lawyers ready in case we need one, depending on what we find out from that insurance conversation.
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May 1, 2023 19:13
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Azuth0667 posted:What's a good gift for a fresh JD? It depends a lot on how much cash you want to drop, but a really solid leather briefcase (search YLLS for briefcase posts) is a good high-end option. A leather covered notepad binder is useful. Fancy pen maybe but they'll lose it. A neat desk ornament.
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May 1, 2023 19:13
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Azuth0667 posted:What's a good gift for a fresh JD? Bottle of real nice liquor
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May 1, 2023 19:46
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Azuth0667 posted:What's a good gift for a fresh JD? Free family law consult.
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May 1, 2023 19:55
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Azuth0667 posted:What's a good gift for a fresh JD? If they're going to a large firm, cocaine. If they're going to be a solo or doing family law, copious amounts of alcohol.
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May 1, 2023 20:02
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Seconding a gift card for framing their degree
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May 1, 2023 20:51
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Azuth0667 posted:What's a good gift for a fresh JD? bar prep courses
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May 1, 2023 21:36
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