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kallend 1,623
QuoteQuoteYes. I read the email HH sent to crwmike ...talk about personal attacks ..wow!
It's his sandbox, he's entitled to his interpretation of the rules. If you don't like them, deal with it. You can deal with a tongue lashing two ways...Cry and hide or say Oooolala...more please.
Choose wisely...
Is that like saying the person who owns the ball can redefine an interception to be a touchdown?
...
The only sure way to survive a canopy collision is not to have one.
The only sure way to survive a canopy collision is not to have one.
pajarito 0
QuoteIs that like saying the person who owns the ball can redefine an interception to be a touchdown?
Yes. He not only owns the ball but also owns the game. He can make the rules even if his game resembles that of others on the internet. It’s not necessarily the same and doesn’t have to be. Deal with it. I'm sure it isn't just one "facetious comment” (i.e. sneaky personal attack) in one thread that gets one banned from a forum but rather a history of ones from multiple threads that results in such.
Just a little update. The discharged employee applied for unemployment benefits and got them. Of course, we objected. She still got them. So we took it to a board hearing regarding her eligibility. Let's say I've found a new area of law that I rather enjoyed. I researched it, briefed it, and filed our evidence and legal brief a few days ago.
Now we get to review the file prior to the hearing. My wife and I showed up at the hearign to find her and her attorney reviewing my brief. The judge came out and asked if we were ready and I said I hadn't had the opportunity to review the file because they had it. Her attorney bitched a storm about the lengthy brief and evidence that was filed. The Judge said, "Are you an attorney? And you're surprised that a brief was filed? You shoulda done one." As a conscientious guy, I had a copy of all my stuff for him. I handed it to him and I got the file.
Turns out, she wrote a letter explaining that she had no idea why she was terminated and "I feel I havent' done anything to be fired and never receivd warning of being terminated." Her first sentence of the letter, "I arrived to work at 8:40 a.m. on December 23, 2004." More on that later.
Ruination
The judge, after entering everything on the record, asked my wife some questions. I was acting as her attorney and then later had the opportunity to elicit her testiony. Let's say that I ruined our case. It's been so damned long since I've done a direct examination that my questioning really sucked.![[:/]](/uploads/emoticons/dry.png "[:/]")
If done solely on the basis of my direct, we'd have lost that case.
Part of that was that the judge didn't want any evidence about any of her other screw-ups. He just wanted to hear evidence about her tardiness and unreliability and the record of reprimands. Frankly, I was caught off guard and had to flip flop from my planned order. Lesson - no plan survives first contact. We hadn't made a good case on testimony alone.
Salvation
The employee gave some testimony about how consicentious she was and about how she'd never received notice of problems, that she planned to stay late that day she took that long-ass unauthorized break, that she wasn't allowed to work when she finally came back, yadda yadda.
Now, I am much better as cross-examination than I am at direct. I'm even better when I have an intense dislike for the lying sack I'm examining. Turns out that at cross, I did light her up. I felt like Vinny Gambini. She was changing her story often, and was generally answering questions I did not ask. So I'd reask the question again and again until the judge got mad at her.
On why she wouldn't leave the neighbor's Christmas party to return work on time? How's this for a stunner? "I didn't want to be rude."
She also admitted to being tardy often, and that timely arrival was a very important thing.
I still wasn't sure we'd won. I had a couple of witnesses waiting out in the lobby. Then I got a good sign. The judge said, "Counsel, I've heard enough to make my decision. Do you still want to call those witnesses?" I took it as the judge's way of saying, "Dude. Don't turn this win into a loss."
I was heartened to see that at the end, her attorney could only argue that bad employee never was told she would be fired for showing up late all the time. He basically admitted that, yes, she was always late, taking time off, having long breaks and doing this without permission.
I'll find out in ten days whether our reserve account gets credited for the money she took out of these last 3 1/2 months..
All I can say is "Damn, that felt good." And it gave me some entirely new insight on things. I've never had an action where I was a party. I've never had anything where I might haveto be a witness.
Believe me, it sucks being a party or a witness for a lawsuit. I think I've managed to develop a far better feeling about this stuff with regards to my clients. This whole process will certainly make me better at my job.
And I'll also be far better at covering my ass as an employer. I'll be glad when this is over.
My wife is hotter than your wife.
Now we get to review the file prior to the hearing. My wife and I showed up at the hearign to find her and her attorney reviewing my brief. The judge came out and asked if we were ready and I said I hadn't had the opportunity to review the file because they had it. Her attorney bitched a storm about the lengthy brief and evidence that was filed. The Judge said, "Are you an attorney? And you're surprised that a brief was filed? You shoulda done one." As a conscientious guy, I had a copy of all my stuff for him. I handed it to him and I got the file.
Turns out, she wrote a letter explaining that she had no idea why she was terminated and "I feel I havent' done anything to be fired and never receivd warning of being terminated." Her first sentence of the letter, "I arrived to work at 8:40 a.m. on December 23, 2004." More on that later.
Ruination
The judge, after entering everything on the record, asked my wife some questions. I was acting as her attorney and then later had the opportunity to elicit her testiony. Let's say that I ruined our case. It's been so damned long since I've done a direct examination that my questioning really sucked.
If done solely on the basis of my direct, we'd have lost that case. Part of that was that the judge didn't want any evidence about any of her other screw-ups. He just wanted to hear evidence about her tardiness and unreliability and the record of reprimands. Frankly, I was caught off guard and had to flip flop from my planned order. Lesson - no plan survives first contact. We hadn't made a good case on testimony alone.
Salvation
The employee gave some testimony about how consicentious she was and about how she'd never received notice of problems, that she planned to stay late that day she took that long-ass unauthorized break, that she wasn't allowed to work when she finally came back, yadda yadda.
Now, I am much better as cross-examination than I am at direct. I'm even better when I have an intense dislike for the lying sack I'm examining. Turns out that at cross, I did light her up. I felt like Vinny Gambini. She was changing her story often, and was generally answering questions I did not ask. So I'd reask the question again and again until the judge got mad at her.
On why she wouldn't leave the neighbor's Christmas party to return work on time? How's this for a stunner? "I didn't want to be rude."
She also admitted to being tardy often, and that timely arrival was a very important thing.
I still wasn't sure we'd won. I had a couple of witnesses waiting out in the lobby. Then I got a good sign. The judge said, "Counsel, I've heard enough to make my decision. Do you still want to call those witnesses?" I took it as the judge's way of saying, "Dude. Don't turn this win into a loss."
I was heartened to see that at the end, her attorney could only argue that bad employee never was told she would be fired for showing up late all the time. He basically admitted that, yes, she was always late, taking time off, having long breaks and doing this without permission.
I'll find out in ten days whether our reserve account gets credited for the money she took out of these last 3 1/2 months..
All I can say is "Damn, that felt good." And it gave me some entirely new insight on things. I've never had an action where I was a party. I've never had anything where I might haveto be a witness.
Believe me, it sucks being a party or a witness for a lawsuit. I think I've managed to develop a far better feeling about this stuff with regards to my clients. This whole process will certainly make me better at my job.
And I'll also be far better at covering my ass as an employer. I'll be glad when this is over.
My wife is hotter than your wife.
Deuce 1
Good luck.
You know I won mine in Superior Court, but the decision isn't binding on the politician I worked for.
That's how it works when they write the laws.
I'm sure, like me, you'll be glad just to get some closure.
JP
You know I won mine in Superior Court, but the decision isn't binding on the politician I worked for.
That's how it works when they write the laws.
I'm sure, like me, you'll be glad just to get some closure.
JP
Hey. Just got the decision from the judge. I got a reversal, meaning that we won.
Heck, I figured we'd win. But there's always that doubt. The rules are set up pretty much against employers. I've also now determined that I like this area of law, and I'd like to do this stuff more often.
My wife is hotter than your wife.
Heck, I figured we'd win. But there's always that doubt. The rules are set up pretty much against employers. I've also now determined that I like this area of law, and I'd like to do this stuff more often.
My wife is hotter than your wife.
Jeez Kallend...that's hilarious! Opens up a whole train of thought doesn't it?
No PhillyKev...not a scrooge...timing was off but it needed to be done - business IS business.
I think we're all Bozos on this bus.
Falcon5232, SCS8170, SCSA353, POPS9398, DS239
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