G.A.C.O.L.B. Posted December 10, 2013 Share Posted December 10, 2013 I'm talking wrongful termination, job discrimination, etc. Already compiling a list of such lawyers in the area that I can/will contact, but I've always thought the one great thing about the Skins fanbase (extending to this board) compared to other fanbases, is the wide range of education levels and positions in life (with me obviously representing the bottom, holler). As such, figured it wouldn't hurt to see if I could come up with some legal advice through here...for free of course :-) Basically I just really don't want to be contacting a bunch of attorneys for nothing but a waste of time. Figured someone on here might be able to help? Would GREATLY appreciate ANYTHING. Link to comment Share on other sites More sharing options...
Bliz Posted December 10, 2013 Share Posted December 10, 2013 I'm not an employment lawyer, but I have been involved in two cases helping out a partner who does that sort of work when our clients were sued by former employees. Most attorneys who represent employees in these types of cases will talk to you for 30 min or an hour without charging you for it. That's not a waste of time. It's how you figure out if you have a legitimate case or not. It's better than posting details on this forum, or PMing with a user here about the exact circumstances, because those things would not be protected by attorney-client privilege (they're discoverable) whereas your consultation is protected. Because it would theoretically be discoverable, if you do decide to post details or PM with someone, you should consider the possibility that your post could be read to a judge and jury, then re-read before hitting the send button. The first thing you'll have to figure out is what the approximate dollar value of your claim is. That will drive your first and biggest decision - who you hire. Given your comment above, unless there is something seriously outrageous that happened, you're looking at hiring someone who works on contingency. That's where most employees end up, because their claim isn't worth enough (and they don't have enough money) to risk paying a lawyer $250/hr for an uncertain result. Mostly you're looking at a solo practitioner. Where do you live? According to your profile, you're 111, which means you satisfy the basic requirement for an age-discrimination lawsuit, assuming you can show you were still capable of performing your job. Link to comment Share on other sites More sharing options...
Tulane Skins Fan Posted December 10, 2013 Share Posted December 10, 2013 I'm not an employment lawyer, but I have a few names of people who I could offer to you. I would not be asking for any kind of referral fee, but just offering to get you good representation. There's a lot of junk out there, and it can be hard to find a reputable guy. Link to comment Share on other sites More sharing options...
G.A.C.O.L.B. Posted December 11, 2013 Author Share Posted December 11, 2013 I'm not an employment lawyer, but I have been involved in two cases helping out a partner who does that sort of work when our clients were sued by former employees. Most attorneys who represent employees in these types of cases will talk to you for 30 min or an hour without charging you for it. That's not a waste of time. It's how you figure out if you have a legitimate case or not. It's better than posting details on this forum, or PMing with a user here about the exact circumstances, because those things would not be protected by attorney-client privilege (they're discoverable) whereas your consultation is protected. Because it would theoretically be discoverable, if you do decide to post details or PM with someone, you should consider the possibility that your post could be read to a judge and jury, then re-read before hitting the send button. The first thing you'll have to figure out is what the approximate dollar value of your claim is. That will drive your first and biggest decision - who you hire. Given your comment above, unless there is something seriously outrageous that happened, you're looking at hiring someone who works on contingency. That's where most employees end up, because their claim isn't worth enough (and they don't have enough money) to risk paying a lawyer $250/hr for an uncertain result. Mostly you're looking at a solo practitioner. Where do you live? According to your profile, you're 111, which means you satisfy the basic requirement for an age-discrimination lawsuit, assuming you can show you were still capable of performing your job. Gonna shoot you a PM tonight/tomorrow, when a get a chance. Don't want to get into too many details. Folks in question HUGE Skins fans so wouldn't be surprised if they read ES. Quickly though, my only concern that it would be a waste of time is that I wasn't employed long enough to have any real, worthwhile claim. Not sure what the standard is on that. Link to comment Share on other sites More sharing options...
G.A.C.O.L.B. Posted December 11, 2013 Author Share Posted December 11, 2013 I'm not an employment lawyer, but I have a few names of people who I could offer to you. I would not be asking for any kind of referral fee, but just offering to get you good representation. There's a lot of junk out there, and it can be hard to find a reputable guy. That would be greatly appreciated. Seriously. Looking through attorneys online and trying to find the legit, halfway decent ones--criminal, marital, employment, whatever--is always a freaking nightmare. But yeah, if you want to shoot me a PM with those names, really help me out. Thank you so much. Link to comment Share on other sites More sharing options...
chipwhich Posted December 11, 2013 Share Posted December 11, 2013 Gonna shoot you a PM tonight/tomorrow, when a get a chance. Don't want to get into too many details. Folks in question HUGE Skins fans so wouldn't be surprised if they read ES. Quickly though, my only concern that it would be a waste of time is that I wasn't employed long enough to have any real, worthwhile claim. Not sure what the standard is on that. MD/DC/VA are all at will employment states. You can be terminated for any reason. Link to comment Share on other sites More sharing options...
GoSkins0721 Posted December 11, 2013 Share Posted December 11, 2013 You can also call the NLRB (National Labor Relations Board) and ask to speak to an attorney about a labor issue. No cost, anonymous conversation. Link to comment Share on other sites More sharing options...
G.A.C.O.L.B. Posted December 11, 2013 Author Share Posted December 11, 2013 MD/DC/VA are all at will employment states. You can be terminated for any reason. Not for ANY reason You can also call the NLRB (National Labor Relations Board) and ask to speak to an attorney about a labor issue. No cost, anonymous conversation. Yeah I came across that last night. Definitely gonna give them a call sometime this week. Link to comment Share on other sites More sharing options...
chipwhich Posted December 11, 2013 Share Posted December 11, 2013 Not for ANY reason Really yes they can. I can fire my employees for anything. I don't have to incriminate myself and say well I didn't like that he wore pink clothes, or he was gay, or he didn't like chocolate ice cream. I have the right to fire anyone. You are an "at will" employee. Look it up. http://en.wikipedia.org/wiki/At-will_employment I got employees and a lawyer. Link to comment Share on other sites More sharing options...
G.A.C.O.L.B. Posted December 11, 2013 Author Share Posted December 11, 2013 Yes, I know this. I'm not a ****ing idiot. Sorry I don't feel like playing semantics and hypotheticals with you tonight. I appreciate the link. Have a good night. Happy holidays. Link to comment Share on other sites More sharing options...
chipwhich Posted December 11, 2013 Share Posted December 11, 2013 Yes, I know this. I'm not a ****ing idiot. Sorry I don't feel like playing semantics and hypotheticals with you tonight. I appreciate the link. Have a good night. Happy holidays. Lol well good luck in your lawsuit. Meanwhile, brush up on at will employment. An attorney that isn't an ambulance chaser will tell you the same thing. There are reasons these laws are in place. Oh and Happy Holidays Link to comment Share on other sites More sharing options...
chipwhich Posted December 11, 2013 Share Posted December 11, 2013 Some "SEMANTICS" for you: At will employment is generally described as "any hiring is presumed to be 'at will'; that is, the employer is free to discharge individuals 'for good cause, or bad cause, or no cause at all,' and the employee is equally free to quit, strike, or otherwise cease work." Link to comment Share on other sites More sharing options...
Kosher Ham Posted December 11, 2013 Share Posted December 11, 2013 At will protects employers from people that take a job and try to get fired ( unfortunately there are people that do that). But chipwhich has a good point. You need more than "he didn't like me", you need witnesses and proof of bias or racism, etc... that would conflict with the EEOC's set of laws/rules and need a pattern of behavior. Good luck, but typically...it does not work (as most people are not willing to testify for fear of losing their respective employment). Most places (bigger businesses) at this point have built in protection for this, so the "brand/company" is protected and give the employees a phone number to call for basically any situation. Link to comment Share on other sites More sharing options...
skinsmarydu Posted December 11, 2013 Share Posted December 11, 2013 Some "semantics" chipwhich forgot to mention: Check up on your company's policies regarding warnings, either verbal or written. If policy states that termination occurs upon x number of write-ups, you may have something to work with, unless you were caught blatantly disregarding policy or procedure. If you've had no prior offenses, you could at least cause a headache. Your company is legally bound to its written policies. I bailed out of a restaurant because of a sexual harassment lawsuit filed by an employee years ago, where my owner did not follow his own written policies, the EEOC ruled against him, he's now closed, and now I work somewhere I really don't want to. There are pros and cons. Link to comment Share on other sites More sharing options...
Bliz Posted December 11, 2013 Share Posted December 11, 2013 Really yes they can. I can fire my employees for anything. I don't have to incriminate myself and say well I didn't like that he wore pink clothes, or he was gay, or he didn't like chocolate ice cream. I have the right to fire anyone. You are an "at will" employee. Look it up. http://en.wikipedia.org/wiki/At-will_employment I got employees and a lawyer. If you don't sugar coat employee evaluations or say stupid things to employees, I generally agree with you. But at the same time, even in at-will states, it seems like in plenty of cases it's not TOO tough (particularly for women, people over 40, and minorities) to make a "prima facie" showing of retaliation or possible discrimination that may be shaky but is still good enough to survive summary judgment and get to a jury. If I'm good enough to get to a jury, you're going to spend $25,000 at the bare minimum, and that's to get an uncertain result. Which means that unless you're adamant about standing on principle, you might pay me $5-10k just to go away. It's a ****ty situation for employers. The costs of litigation are out-of-hand, and provide too much leverage to Plaintiffs with weak cases. But it's the world we live in. In one of the employment cases I worked on, the client spent much more than $25k, and that was to win on summary judgment (before trial) against a bs claim. It took a lot of work to get there, and they were very happy with how it ended up. But they could have settled it for 1/3 or 1/4 of what they spent on defending the case. Not that cost is the only factor - sometimes you have to send a message that you will not be pushed around and spend what it takes to defend yourself. Other times you just need to cut your losses and move on to better things. Link to comment Share on other sites More sharing options...
Rocky21 Posted December 11, 2013 Share Posted December 11, 2013 Chipwich, At will employment / firings do not apply to discriminations that are federally protected such as race, religion, sex, national origin, age or disability. Link to comment Share on other sites More sharing options...
chipwhich Posted December 11, 2013 Share Posted December 11, 2013 If you don't sugar coat employee evaluations or say stupid things to employees, I generally agree with you. But at the same time, even in at-will states, it seems like in plenty of cases it's not TOO tough (particularly for women, people over 40, and minorities) to make a "prima facie" showing of retaliation or possible discrimination that may be shaky but is still good enough to survive summary judgment and get to a jury. If I'm good enough to get to a jury, you're going to spend $25,000 at the bare minimum, and that's to get an uncertain result. Which means that unless you're adamant about standing on principle, you might pay me $5-10k just to go away. It's a ****ty situation for employers. The costs of litigation are out-of-hand, and provide too much leverage to Plaintiffs with weak cases. But it's the world we live in. In one of the cases I worked on, the client spent much more than $25k, and that was to win on summary judgment (before trial) against a bs claim. It took a lot of work to get there, and they were very happy with how it ended up. But they could have settled it for 1/3 or 1/4 of what they spent on defending the case. Not that cost is the only factor - sometimes you have to send a message that you will not be pushed around and spend what it takes to defend yourself. Other times you just need to cut your losses and move on to better things. As I said in my post "I don't have to incriminate myself...." Trust me, I know what legal bills cost. My lawyers run me $500-$750 an hour. As far as litigation goes, he better have a smoking gun. I would be hard pressed to pay someone to go away. But I don't do anything wrong I do understand I could be taken to court for discrimination, in instances where I have been concerned my HR counsels the employees and documents all meetings. Regardless, anyone can accuse me or sue me for anything, but as an at will employee, I can terminate them on the spot. Link to comment Share on other sites More sharing options...
chipwhich Posted December 11, 2013 Share Posted December 11, 2013 Some "semantics" chipwhich forgot to mention: Check up on your company's policies regarding warnings, either verbal or written. If policy states that termination occurs upon x number of write-ups, you may have something to work with, unless you were caught blatantly disregarding policy or procedure. If you've had no prior offenses, you could at least cause a headache. Your company is legally bound to its written policies. I bailed out of a restaurant because of a sexual harassment lawsuit filed by an employee years ago, where my owner did not follow his own written policies, the EEOC ruled against him, he's now closed, and now I work somewhere I really don't want to. There are pros and cons. I wrote the policies with my lawyer I understand that. Link to comment Share on other sites More sharing options...
Kosher Ham Posted December 11, 2013 Share Posted December 11, 2013 Chipwich, At will employment / firings do not apply to discriminations that are federally protected such as race, religion, sex, national origin, age or disability. Gac is a young, white, male, does not talk religion, hetero, American, able bodied, etc. There is more to this, I suppose. Link to comment Share on other sites More sharing options...
Tulane Skins Fan Posted December 11, 2013 Share Posted December 11, 2013 Lol well good luck in your lawsuit. Meanwhile, brush up on at will employment. An attorney that isn't an ambulance chaser will tell you the same thing. There are reasons these laws are in place. Oh and Happy Holidays Some "SEMANTICS" for you: At will employment is generally described as "any hiring is presumed to be 'at will'; that is, the employer is free to discharge individuals 'for good cause, or bad cause, or no cause at all,' and the employee is equally free to quit, strike, or otherwise cease work." Why do you so proudly post about things which you know nothing about? MD/DC/VA are all at will employment states. You can be terminated for any reason. This comment makes no sense at all by the way. It makes none. You can live in an "at will state" (which I think you are confusing with a "right to work" state), and still have a contract that lays out how or why you can get fired. Really yes they can. I can fire my employees for anything. I don't have to incriminate myself and say well I didn't like that he wore pink clothes, or he was gay, or he didn't like chocolate ice cream. I have the right to fire anyone. You are an "at will" employee. Look it up. http://en.wikipedia.org/wiki/At-will_employment I got employees and a lawyer. Yes. Wikipedia is a good source of legal research. Link to comment Share on other sites More sharing options...
Big Weirdo Posted December 11, 2013 Share Posted December 11, 2013 For the record I know the details on this and GACOLB has a legitimate reason for exploring this option. I believe he would win a case on this. Link to comment Share on other sites More sharing options...
skinsmarydu Posted December 11, 2013 Share Posted December 11, 2013 I wrote the policies with my lawyer I understand that. I wasn't bucking you. Just expounding. Link to comment Share on other sites More sharing options...
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