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  2. What does this have to do with the OP's question? There's nothing in his original post or anywhere else in the thread to indicate that the OP has commenced litigation or is currently considering any kind of settlement from his former employer.
  3. Today
  4. Better Negotiations In Employment Structured Settlements The topic of the day is employment structured settlements. If you are an employment lawyer, whether you're a plaintiff, a defense lawyer or you're someone who is mired in litigation over wrongful termination, sexual harassment, failure to promote anything to do with an employment case. Then you really need to know about employment structured settlements. Because, to my amazement, there are not more structured settlements done in employment cases. I think a lot of it has to do really more with education then there are just tons of them, presented and then rejected. 1. When You Have An Employment Case All of the damages are taxable. Admittedly some people try to shoehorn in a physical injury case, but let's assume everything is taxable. Because that's really the majority of cases, when you settle your case and you'll see you get a million dollars you get to pay your attorney and you've got to pay taxes. What you may end up with is really a very small percentage of what you thought you were going to get. It really doesn't increase the level of it doesn't provide a large level of satisfaction. By structuring your employment structured settlement, you can spread the taxes out over a period of time and provide yourself with a safe and secure income, for a period of time.
  5. To AdjusterJack: Read through the case you cited. I am encouraged that it appears the California Supreme Court acknowledges and accepts that there are exceptions to what I, personally, would term an arbitrary maximum ratio of 10:1 they imposed in that case, noting their cite to Kemp and one or two others, and that the degree of reprehensibility is a key factor. Without going into the details, in my case the behavior was repeated in that there was one attempted extortion and one actualized and an admission linking someone else in the extortion plot. I also note that the persons involved in this effort against me were professionals in the related area of business and, therefore, may be considered to have known very well what they were doing and the harm it could have caused me. Finally, by tying up some property I owned, I suffered some loss when it burned when I might have sold it first. I have a decision to make as to whether to take the next step in having the matter reviewed by a litigator. It's not as much the money as not letting someone roll me and get away with it. But as an old person, I also have to consider the time this might cost me. (I shouldn't editorialize but I would not be all that sympathetic to plaintiff Simon in claiming damages of $400k because, to me, he was seeking a windfall and failed: he thought he had a deal to buy a $1.5m property for $1.1m. In the end, he may have been very disappointed, and without really studying the details of what the various players did to him that I could agree was unfair, Simon, himself, could be looked at as less than "Snow White" by hoping to obtain the property of someone else at far below its real value. He didn't really lose anything he already had beyond his expenses and some time and trouble, which certainly justify additional compensation and which I think were reasonably set at $50,000 in this case disregarding that it was derived/expressed as a ratio., which I, as an admitted layman, still think is too arbitrary.) Thanks for your insights and I hope to follow up at a later time.
  6. Is this happening in the United States? I ask because there are primitive places on this planet where physical punishment, even execution, might result from that kind of monetary loss.
  7. An employer can, however, make flying a condition of continued employment.
  8. Suspension or even termination of both parties or either one would be legal.
  9. No, an employer can in no situation force an employee to fly or do pretty much anything else. The EE always quit.
  10. I quite agree with your responses as I am aware of (Superior response). The issue is there could be a loss to the company for about US$30,000+ if amount not recovered from client. Because of this context is it legal for the Company to suspend both Subordinate and Supervisor? Thanks
  11. As long as the same crimes were committed at different times, the culprit is liable. I am sure you are not bringing in an instance of Double Jeopardy which is different from this scenario. In the latter it simply means one cannot be punished twice for a single crime he/she committed. If a court of competent jurisdiction has already applied punitive measures for a crime, another court cannot prescribe further punishment for this same crime... But in any case refer to a legal expert on this matter.
  12. If your question is "Is it legal for a company to discipline a supervisor for loss of money due to acts of his subordinates?" the answer depends on the nature of the discipline. If the discipline chosen, for instance, counselling or reprimand, is otherwise legal, the answer is yes. If the discipline is not legal, for example withholding of wages otherwise due, the answer is no.
  13. Yes probably based on the following: 1. Company Policy 2. If that's the only safe means of travel 3. Time constraints based on distance 4. or Labor requirements 5. etc
  14. Many airlines do free fear of flying classes. https://www.google.com/search?q=fear+of+flying+classes&oq=Fear+of+flying
  15. Can a Supervisor be held accountable for the act of his subordinate? I the case the company loses money as a result of the subordinate's negligence should the subordinate and his supervisor be subjected to the same disciplinary actions even if found that the supervisor did not commit the act?
  16. Please explain further. According to your post the person only went to court once but was "booked" twice. Why was the person "booked" twice. If there was only one conviction, that is all that should be considered.
  17. Thank you both. This is helpful. Long term plan: I think I will look for treatment for fear of flying. I'd really rather get over it. (Will have to check if our health insurance covers that kind of treatment...) Short term: I'll talk to my boss, tell him I'm getting a train ticket, & sign up for Vacation time for the time I will be on the Train. I will pay the $12 more that the train ticket costs than a plane ticket would. I know he doesn't want to get in an argument with the Audit folks, but I'm pretty sure he wouldn't formally discipline me for doing that (I will ask him to make sure). I don't want to put him in a difficult position. But he also knows that even with some health issues I've had in the past year - including 6 weeks of FMLA - I'm still the top performer in the department ... by a lot. I'm pretty sure he wouldn't want to fire me or hurt my career over a Train ticket. The thing that's kind of ironic is that I've had several consulting firms that have tried to pirate me away from my current job recently. Let's just say that they offered pretty nice compensation packages compared to my paltry civil service salary. I didn't even consider them because I would have had to fly … but if I really can overcome my fear of flying, who knows....
  18. Ok, let's say that Amy steals something from a store on 3/5/2014. She is caught, charged with shoplifting, and convicted. She gets probation and a fine. She completes her probation and pays her fine. Then on 5/7/2018 she steals an item from another store. She is caught, charged again with shoplifting and convicted. While the charge is the same as before, it is not the same crime. It is a separate crime because it was a separate criminal act that she committed. The court takes into account her earlier 2014 conviction and this time sentences her to 30 days in jail and probation after. All of that is legal. The laws of pretty much every state allow for taking into account prior crimes when determining sentencing on the current conviction. It makes sense because those who commit a crime again obviously didn't learn from the first conviction and a more serious punishment is therefore needed to drive the point home and hopefully ensure that the person doesn't go out and commit more crimes. If this doesn't answer your question you'll need to be more clear about the facts and what it is you want to know.
  19. I am wondering if a person can sue the county if they accidentally charged and convicted the person twice on one crime. The incident kinda goes like this, the person committed a small crime and was booked in to the county jail. He goes to court and the court orders him to do community service, then they book him again and he does his day in jail or whatever. Years later he goes to court for something else but it is in the same type of class of crimes and it shows he was convicted twice for the same crime. He was then looking at more jail time because he had two convictions in property crimes. Is this legal? And what should this client do?
  20. Management keeps doing maint in our bldg using epoxies, and other fume inducing substances. Our apt gets inundated. My husband has COPD, which management knows. We get no notification, and suddenly our apt is filled with fumes. This is the 3rd time in 2 weeks its happened, and they just blow us off. Do we have any recourse?
  21. Yesterday
  22. It could, very well, set the clock and it might not. What you need to do is immediately contact a medical malpractice lawyer. They will answer this question and any more you have.
  23. I live in the state of Nebraska, I know the statue of limitations on filing a lawsuit is 2 years. I had a partial left knee replacement on May 17, 2017, for almost 2 years I continue to have experience pain in that knee and unable to kneel on that knee. I attempt several times to get someone here in Nebraska to look at my knee to no avail. I was referred to a ortho doctor in IA and found due to the damage from the partial I had to have a total left knee replacement as well as needing to have my right knee replaced as well. No I don't play football, my surgeon was over zealous in giving cortisone injections. I had a total of 5 in 4 months...3 injections in my left knee and 2 in my right knee and I'm diabetic. I was not informed of the risks of cortisone injections, I was not aware you should only have 3 a year I trusted my doctor who came highly recommended. So my question is, because the injury was discovered 10/26/18 does this reset the clock for statue of limitations to the date of discovery? Also, I had a MRI in February 2018 showing thinning of the meniscus by the time I had my second MRI I had missing and loose cartilage. The only thing I did different was receive 3 injections in my left between February and April. Your time and reply is greatly appreciated.
  24. Almost certainly illegal in both states. No way on earth is anybody going to be able to answer those questions. If it's not your car and you aren't driving it, why is this your business? What do you want to accomplish about it?
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