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Comment Re: Of course he did. (Score 1) 289

Ummm, I don't know when this happened but that is still destruction of evidence. From this page:

Spoliation has been defined as the willful destruction of evidence or the failure to preserve potential evidence for another's use in pending or future litigation. Trigon Ins. Co. v. U.S., 204 F.R.D. 277 (E.D.Va., 2001). Two recent SJC decisions, Fletcher v. Dorchester Mutual Insurance Company, 437 Mass. 544 (2002), and Keene v. Brigham and Women’s Hospital, 439 Mass. 223 (2003), flesh out what is required of parties to civil litigation as to document retention. Both cases emphasize that sanctions (in extreme cases, up to and including default or dismissal) may be appropriate for the spoliation of evidence, whether negligent or intentional, even where the loss of potential evidence occurs before an action has been commenced, if a litigant or its expert knows or reasonably should know that the evidence might be relevant to a possible action.

(emphasis added)

Comment Re:Vacation (Score 1) 765

I don't know about where you are, but here there employer gets to say when you're allowed to take vacation time, and you're required by law to give reasonable notice of resignation, which is generally understood to be two weeks.

[citation needed]

Can you cite a statute?

Yes, you are required to have an agreement with your employer for vacation... if you're planning to come back. But if you don't show up and they fire you, or you quit, then they're obliged to pay you out for any banked (paid) vacation days which you've earned.

It depends on the state, but many states either do not have a law or only force the companies to pay out accrued vacation if they don't have a policy that specifically says they don't pay it out. Here is a list of the policies per state, here is a PDF that has the actual statutes involved for each state.

Of course, they can just do like my company has done and get rid of accrued PTO altogether. The new policy is to take time off whenever you want. Of course, this is good for the company in two ways - they don't have to pay vacation out when they lay people off so they don't have that liability on the balance sheet and people will take fewer days because they don't know how much time off they are allowed to take. The slackers who took a lot of time off with PTO will still take a lot of time off, but the people who don't normally take a lot of time off will probably take even less. Win-win(company)-lose(employee).

Comment Re:Karma is a bitch (Score 1) 765

Those contracts were probably non-enforceable, then. Nearly every US state (sorry if you aren't in the US, perhaps the info doesn't apply to you) is work-at-will which means cause is never necessary, even if your contract says it explicitly.

Wrong. In fact, in 36 at-will states it may be unlawful to fire you without notice even without a contract if you have an implied contract.

Thirty-six U.S. states (and the District of Columbia) also recognize an implied contract as an exception to at-will employment.[29] Under the implied contract exception, an employer may not fire an employee "when an implied contract is formed between an employer and employee, even though no express, written instrument regarding the employment relationship exists."

From the same article:

The doctrine of at-will employment can be overridden by an express contract or civil service statutes (in the case of government employees).

That seems to directly refute what you said. Unless you have a better citation (like an actual law).

Comment Re:Template resignation letter (Score 1) 765

It is unwise to make threats. You are simply providing him with legal ammunition.

I agree, you should never put threats like that into writing. If you want to extort the guy, do it face-to-face. If it ever comes to a court case, it will be a lot better for you if there is no physical evidence. Of course, you could act like a decent human and not do it at all.

Also, if he is searching terms like 'Lolita' then he probably has child porn on his computer and should be reported to the police. Don't keep the pedophile free just because you want a good reference.

Comment Re:loyalty is a two-way street (Score 1) 765

I have seen cases where people were asked to leave immediately - even escorted out of the building,

In many workplaces this is now the norm, by policy.

Which is why you should give 2 weeks notice. If you give 2 weeks and they decide to let you go right then and perp-walk you to the door, then by law they must pay you for those 2 weeks (at least in my state).

Comment Re:Colour me skeptical... (Score 2) 298

Unless the plane is nearly ballistic, dumping load would not help.

Sure it would, as your weight decreases your stall speed goes down. If you are getting lift equal to your weight and you suddenly lose a bunch of weight, then you are going to suddenly have more lift. That being said, you wouldn't be able to jettison anything that wasn't currently at your center of lift, if you tried to drop from anywhere else it would throw the plane severely out of balance. If nose heavy, it could probably recover but if tail heavy you are almost certainly going down.

Comment Re:they will get it wrong. i promise. (Score 1) 59

Why the fuck would they use orbital cameras? They just use standard cameras mounted on police cars and on the side of the road, read in your license plate and store your location in a database. If the man wants to know where you've been, he'll know.

Comment Re:Don't Panic (Score 1) 535

As a proud parrot owner, I can tell you that a bird farting usually means disaster. Whenever she farts, it usually means she has diarrhea. Trying to get that stuff off the carpets is not a joke.

How you differentiate bird shit from bird diarrhea? It seems like they would be pretty much the same.

Comment Please protect us from ourselves, Big Brother! (Score 4, Insightful) 73

Once again someone is petitioning the government to protect them from themselves. Listen, dumbass. You're the one who made the bets, if you won I doubt you would be filing a suit. But since you're a loser, and will always be a loser, I guess it's time for you to ask the nanny state to go after that evil company that hosted a game where your in-game experience mirrored your real life - you being really overconfident but lacking any skills to back up your hubris.

Comment Re:Makes sense (Score 2) 238

Yup. My first Japanese car (a Subaru) lasted fourteen years. That's longer than both american cars I'd owned previously, put together, twice over, and then some. And it never broke down. The only maintenance I did were the scheduled services recommended in the manual, and replacement of consumables like tires and brake pads. The same can definitely not be said of the Ford or Chrysler. For that matter, I could have gotten a few more years out of the Subaru. But it was due for a new set of brakes plus a timing belt & water pump. The cost of that was more than the value of the car. And I'm more of a city than outdoors person these days, so the mileage penalty of all-wheel drive doesn't make sense anymore.

My rule now is that to even be worth consideration, the VIN must start with the letter "J". Anything else is a non-starter.

Yeah, it would be impossible for a Subaru to have a problem, like "Subaru is recalling 48,500 Legacy and Outback models for total steering failure" . So maybe your anecdotal experience is not the same as data! Funny that you would claim your Subaru is more reliable that Ford, as the data from this dependability study says that Ford beats Subaru in dependability. Neither are stellar, but the data certainly doesn't back up your experience.

Comment Re: WTF? (Score 2) 760

Check out the economic success of 1st generation African immigrants relative to native African Americans.

I don't think that's a useful comparison because the former group is self-selected, not a random sampling. It stands to reason that the people with the most drive and ambition are more likely to emigrate, and those are the type of people who do well in American society. You can compare a self-selected group of overachievers with a random sample and expect to get a meaningful result.

Comment Re:Apples-Oranges (Score 1) 760

Only a fool gets up and leaves money on the table. The rules are the rules, living in society means you follow them, being successful means understanding them maximizing the benefit or minimizing the harm you suffer as a result of the rules.

But one of the big problems that we have is that most of the rules are made by those successful people to ensure their future success, often at the expense of the people who haven't been as successful. When a congressman's buddy, who helped get him elected (and from whom he will ask more money the next election) asks the congressman to look at a pressing issue in the tax code where he thinks there should be a deduction, of COURSE the congressman is going to help his buddy out. It works the same whether it is a buddy or a professional lobbyist, as long as the money from campaigns comes from contributors then those in power are going to be beholden to them. The ROI on lobbying is 22,000%, a lot of this comes from getting preferential tax treatment for your specific situation.

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