by "ImmoralMinority" (araimondo)
Published 11/16/2017 at 02:03
by "ImmoralMinority" (araimondo)
Published 11/16/2017 at 02:03
No Tags
STARS: 13
Sometimes in court, you do get to crush your enemies, see them driven before you, and hear the lamentations of their women.
I am defending one of my best clients in a wage and hour class action, and my client is taking the case quite personally and seriously. This is one of the biggest companies I represent, but it is family owned, and a success story for a family that earned their success.
These people take a lot of pride in being a good employer and good corporate citizen, and were upset at being accused of cheating workers out of wages. They rightfully intend to defend themselves aggressively from what we believe are unfounded allegations. The same former employee filed EEOC charges claiming discrimination when she was laid off, and we successfully defended the charge.
This wage case followed that unsuccessful case, with a new lawyer. These kinds of wage cases have become a cancer here, as greedy lawyers exploit workers and use the Labor Code to make themselves rich while providing little or no benefit to workers.
http://apps.americanbar.org/litigation/committees/employment/articles/spring2015-0415-economic-realities-employment-class-actions.html
We are in the early stages of complex class action litigation. My client told me he wanted to send a letter to his employees explaining what was going on, so the company could be transparent. I wrote the letter, denying the allegations, and sharing information from the link above.
We told them to educate themselves about the case, and told them they could ask management questions without fear of any consequences. We also have them the contact information for the plaintiff’s lawyers and told them to feel free to talk to the other side. We told them the lawsuit would not affect their jobs, and that they could choose to participate in it or not, and that no retaliation or reprisals would be allowed against any employee who participated in the lawsuit.
Our opponents went apeshit, and filed a motion asking the court to enjoin us from communication with the class.
To make a long story short, the court denied the motion and slammed then shit out of them, calling their position unreasonable, unworkable, and irrational, which is as close to a Superior Court judge will come to telling you to get fucked. It was glorious, because we were on the record for over an hour, when ordinarily these hearings are 30 min at most. I was on, and owned my opponent. It felt good.
On a car related note, I am sitting in the bar at the Biltmore in Santa Clara (which is WAY shittier than it sounds). I continued my marketing towards small auto repair shops with a seminar tonight at an industry association chapter meeting. This was not an industry I targeted, but an opening fell in my lap and I chased it. We will see if there is any business to be had; I am increasingly skeptical.
I have a swing of events across the state scheduled, which I will only do again if it yield fruit. I am still holding out hope that I will find leads on vintage Toyota parts.
I should have gone to bed an hour ago.
"atfsgeoff" (atfsgeoff)
11/16/2017 at 02:09, STARS: 1
Congrats on a job well done!
"ttyymmnn" (ttyymmnn)
11/16/2017 at 02:28, STARS: 3
"Kat Callahan" (kyosuke)
11/16/2017 at 02:43, STARS: 1
We can agree that shitty lawyers shouldn’t be exploiting workers, regardless of the circumstances with management.
"SilentButNotReallyDeadly...killed by G/O Media" (silentbutnotreallydeadly)
11/16/2017 at 05:37, STARS: 1
I seem to recall that the Conan character spent some time after making this statement being beaten up then crucified and nibbled on by vultures before his ultimate triumph....take note of where you are in your movie before getting too cocky.
"shop-teacher" (shop-teacher)
11/16/2017 at 06:39, STARS: 1
Sometimes you’re the windshield, sometimes you’re the bug. You were the former :)
"Mercedes Streeter" (smart)
11/16/2017 at 07:44, STARS: 1
Well done, my friend!!!! Hope you drank some fine...whatever your favourite drink is. :)
I wish you were my lawyer, maybe this nightmare would have been different. It’s amazing how crooked the county police are and maybe my mum wouldn’t have been so irresponsible with her OP.
http://cigarlounge.kinja.com/before-i-fall-asleep-1820494731
"RamblinRover Luxury-Yacht" (ramblininexile)
11/16/2017 at 09:27, STARS: 1
Anvil of Crom begins playing
!!! UNKNOWN CONTENT TYPE !!!
"Chariotoflove" (chariotoflove)
11/16/2017 at 09:38, STARS: 1
Internet fist bump.
"EngineerWithTools" (engineerwithtools)
11/16/2017 at 20:27, STARS: 1
Most excellent work!
Your clients sound like decent, responsible businesspeople - like Oppo’s favorite Sunchaser-owning lawyer - and it makes me smile to know that, at least today, things came down on their side.