Comment Re:Such harassment (Score 1) 362
The example was not "You're ugly" or "you're stupid," it was "you're ugly as a woman" and "you're stupid because you're a woman."
Try to pay attention, troll-boy.
The example was not "You're ugly" or "you're stupid," it was "you're ugly as a woman" and "you're stupid because you're a woman."
Try to pay attention, troll-boy.
"Sexual harassment" has a specific legal definition - and the example given fits in it quite firmly. You are factually incorrect about it not being sexual. The "sexual" part of "sexual harassment" refers to gender, not the sex act. (My employer's mandatory - by state law - sexual harassment training used to be done by a trial lawyer who loved defendants - so long as he was on the other side - like you.)
And you implicated that I cannot possibly disagree with you unless I am mentally ill is proof that you have quite a bit of experience at one side of bullying. Unfortunately for you, son, you haven't got what it takes to troll the master, so go ask mummy for some milk and cookies, and head off to bed so you won't fall asleep in school tomorrow.
Sexual or not, it's certainly harassment, and therefore, illegal in the US. More so in some states than others, but illegal everywhere.
I'd guess you've only been on one side of bullying, to take such a position.
Having a formal policy reduces legal liability (somewhat) for the employer.
Of course, enforcing the policy reduces it even more.
Contract provision or no, they're a corporation, and that means they are required by law, in every state, to have a business address published (usually with the secretary of state for the state they're incorporated in).
They'll claim the contact prohibits notice by mail, but that's unenforceable to begin with, and when you describe the phone call - their flat refusal to accept the cancellation - or play the recording of it, even if it were technically enforceable the contract would be ruled unconscionable.
You can believe in the ultimate, unchallengeable power of the Mighty Corporation(tm) all you want, but their only real power comes from your belief. If you stand your ground, and bother to know what the law is, it's on your side.
That's why you don't tell them until after you've told them to cancel the account. If they reserve the right to record it - which they did before the human came on the line - there is no expectation of privacy, and you don't need to tell them. You only tell them at the end to reinforce that you can prove you did.
"This call may be recorded for quality assurance purposes" means that you have their permission to record it, too, even in California.
"Cancel my account."
"I can't do that unless you give me a reason."
"I'm recording this conversation, so I have proof that the account has been canceled. If I receive any more invoices, the next phone call will be from my lawyer, or the police."
Click.
The better method, though, is to do it in writing, by registered mail. End of equation.
I know I'll get modded down for this. but I find it hard to sympathize with someone who goes on vacation on another continent and wants to play computer games in their hotel.
Sever allergy to sunshine must be more common than I thought.
I see no criminal charges mentioned. There's an allegation of perjury in a civil case, but no criminal charges.
Can you name a single case in which someone has been prosecuted, ever, for a bogus takedown notice?
That the other guy is living in his car will, no doubt, be a great comfort to me as I'm living in my car.
And what happens when a passenger makes unreasonable demands - "Hey, I need to stop here and do some shopping, so you just wait here, and BTW, I only have half the money, so you won't get paid what I agreed to pay." - and then threatens to give the driver a bad rating if they complain about it, what mechanism is there to address that deliberate libel once it's posted publicly? Sure, the driver can give the passenger a bad rating, too, but that won't help him any.
And that is the failing of relying solely on a reputation system. There's no protection against liars.
Uber drivers, as a rule, don't have insurance. There have already been lawsuits over it. Your private insurance will not cover you if they find out you're driving someone for money. Your private driver's license is not good enough, either. So, in most states, when you use Uber, you're riding in an uninsured car with an unlicensed driver, and if there's an accident, you, the passenger, are 100% responsible for whatever medical expenses you have (because the driver will be spending all his money to avoid prison).
Unless you just sign up for a different account every time.
UNIX was not designed to stop you from doing stupid things, because that would also stop you from doing clever things. -- Doug Gwyn