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  1. #9401
    Tends to be difficult JL25and3's Avatar
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    Quote Originally Posted by Soriambi View Post
    I think Tex is mostly right by my reading. It seems their argument is about the company's fear of government retaliation for the speech, and that seems to be a First Amendment claim.
    Except you donít make a First Amendment claim in state court as a violation of state law. I think theyíre throwing everything against the wall to see if anything sticks,

  2. #9402
    Not fooling anyone. Soriambi's Avatar
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    Re: Non-Presidential News Stories That Don't Deserve Their Own Thread Thread

    Quote Originally Posted by JL25and3 View Post
    Except you don’t make a First Amendment claim in state court as a violation of state law. I think they’re throwing everything against the wall to see if anything sticks,
    I found the complaint:

    https://www.scribd.com/document/3756...kima-Complaint

    Having read it, I think I understand a little better where they're going with this. They seem to be arguing wrongdoing on two counts: first, a count of wrongful termination as a violation of Virginia public policy, namely that it goes against the US Constitution and Virginia Constitution protecting people from government retaliation for government speech. They're asking for that to be declared unlawful and for damages. I think their argument there is nonexistent.

    However, their second count, which is for breach of contract, makes the claim that she was offered four weeks of severance pay, the right to resign from her position instead of being fired, and that the employer would not dispute her request for subsequent unemployment compensation. It seems that for whatever reason, she got two weeks of severance. For that, she's asking for $2,692.30 and attorney's fees, and interest.

    I think the first count will be dismissed out of hand if they don't settle, but assuming her facts as alleged are true, she probably has something on the second count and be able to recoup that $2,600 and attorney's fees. I wonder if they included the first count to put pressure on the company to just give her the money she's asking for in the second count.
    -Kevin

    "My point is you can't compare things with statistics." Joe Morgan


    "I'd have won that trial. I've often said that." Stephen A. Smith on the OJ Simpson trial

    RIP, Pete.

  3. #9403
    Tends to be difficult JL25and3's Avatar
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    Quote Originally Posted by Soriambi View Post
    I found the complaint:

    https://www.scribd.com/document/3756...kima-Complaint

    Having read it, I think I understand a little better where they're going with this. They seem to be arguing wrongdoing on two counts: first, a count of wrongful termination as a violation of Virginia public policy, namely that it goes against the US Constitution and Virginia Constitution protecting people from government retaliation for government speech. They're asking for that to be declared unlawful and for damages. I think their argument there is nonexistent.

    However, their second count, which is for breach of contract, makes the claim that she was offered four weeks of severance pay, the right to resign from her position instead of being fired, and that the employer would not dispute her request for subsequent unemployment compensation. It seems that for whatever reason, she got two weeks of severance. For that, she's asking for $2,692.30 and attorney's fees, and interest.

    I think the first count will be dismissed out of hand if they don't settle, but assuming her facts as alleged are true, she probably has something on the second count and be able to recoup that $2,600 and attorney's fees. I wonder if they included the first count to put pressure on the company to just give her the money she's asking for in the second count.
    Well, then the lawyers are doing it for money and publicity. Theyíve convinced her sheís taking a stand on a constitutional principle, when all sheíll get is $3000.

  4. #9404

    Re: Non-Presidential News Stories That Don't Deserve Their Own Thread Thread

    Quote Originally Posted by JL25and3 View Post
    Well, then the lawyers are doing it for money and publicity. They’ve convinced her she’s taking a stand on a constitutional principle, when all she’ll get is $3000.
    I don't think it's that they convinced her as much as that is exactly what she wants. The lawyers are not working independently but through that protect democracy group. I think they're looking for cases to get them on the map. I don't think this is it and I doubt they do either but it's getting some publicity and maybe they're hoping that will lead to something better.

    This lawsuit is about whether Akima violated Virginia employment law. Virginia employment law prohibits employers from violating the state’s public policy. And Virginia’s state public policy in favor of political dissent free from fear of governmental retaliation, as reflected in the Virginia Constitution and the First Amendment to the United States Constitution, is violated if a company can terminate an employee to avoid unconstitutional retaliation for free speech. Both federal and state constitutional law prohibits government retaliation against a contractor based on its employees’ exercise of their free speech rights — so it is not permissible for a Virginia company to terminate an employee in anticipation of unconstitutional government action.
    To protect our democracy we must prevent this form of quashing dissent from taking root, and we must stop the spread of autocratic capture. Ms. Briskman was forced to resign for an off-duty, non-violent, political protest, and the justification for her firing would theoretically support the firing of nearly any employee that engaged in a political protest in their private time. Protect Democracy is representing Ms. Briskman to protect the rights of all Americans to express their opinions about government — indeed, to engage in the very act of self-government — without having to choose between their speech and their jobs.
    The feminist agenda ... encourages women to leave their husbands, kill their children, practice witchcraft, destroy capitalism and become lesbians. ~Pat Robertson 1992

  5. #9405
    NYYF Legend

    Yankee Tripper's Avatar
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    Re: Non-Presidential News Stories That Don't Deserve Their Own Thread Thread

    Quote Originally Posted by Soriambi View Post
    I think arguing that she's being treated differently because she's a woman would be a pretty absurd argument based on the facts I've seen. I haven't seen that as an argument they're making. If there'd evidence of men who work for the company giving the middle finger to the President and the company being aware of it and not acting, and there's evidence that they acted against her because she was a woman and did not act against him because he's a man, that would be an issue, but I can't imagine her being able to prove that in this case. I really don't think it's all that interesting a case. I think it's more or less a nuisance lawsuit that will be thrown out of court. I haven't been able to find the actual lawsuit, so maybe there are more claims in it. If anyone has come across it, I'd like to read it.
    I thought part of her argument revolved around unequal treatment. In that a male employee had face book posts calling someone a stupid f-Ing libtard and was allowed to remove the post with no other consequences.
    Baseball is life;
    the rest is just details.

  6. #9406

    Re: Non-Presidential News Stories That Don't Deserve Their Own Thread Thread

    https://www.reuters.com/article/us-u...-idUSKBN1HG1I6

    Exclusive: As elections near, many older, educated, white voters shift away from Trump's party

    (Reuters) - Older, white, educated voters helped Donald Trump win the White House in 2016. Now, they are trending toward Democrats in such numbers that their ballots could tip the scales in tight congressional races from New Jersey to California, a new Reuters/Ipsos poll and a data analysis of competitive districts shows.

    Nationwide, whites over the age of 60 with college degrees now favor Democrats over Republicans for Congress by a 2-point margin, according to Reuters/Ipsos opinion polling during the first three months of the year. During the same period in 2016, that same group favored Republicans for Congress by 10 percentage points.
    "A Prince whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people."
    -- Declaration of Independence

  7. #9407

    Re: Non-Presidential News Stories That Don't Deserve Their Own Thread Thread

    https://amp.cnn.com/cnn/2018/04/09/p...irl/index.html

    Tammy Duckworth gives birth, first US senator to do so while in office

    Illinois Democratic Sen. Tammy Duckworth gave birth to a baby girl Monday, her office announced, the first US senator to do so while in office.

    "Bryan, Abigail and I couldn't be happier to welcome little Maile Pearl as the newest addition to our family and we're deeply honored that our good friend Senator (Daniel) Akaka was able to bless her name for us -- his help in naming both of our daughters means he will always be with us," Duckworth said in her office's statement.

    Duckworth had her first child in 2014, when she was serving in the House of Representatives.
    "A Prince whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people."
    -- Declaration of Independence

  8. #9408

    Re: Non-Presidential News Stories That Don't Deserve Their Own Thread Thread

    Quote Originally Posted by jlw1980 View Post
    https://amp.cnn.com/cnn/2018/04/09/p...irl/index.html

    Tammy Duckworth gives birth, first US senator to do so while in office
    If you had asked me before posting that I would said there must have a been female senator who gave birth while in office before now.

    Anyway. Mazel tov!!!
    Success is getting what you want. Happiness is wanting what you get. ~ Dale Carnegie

  9. #9409
    Not fooling anyone. Soriambi's Avatar
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    Re: Non-Presidential News Stories That Don't Deserve Their Own Thread Thread

    Quote Originally Posted by fredgmuggs View Post
    If you had asked me before posting that I would said there must have a been female senator who gave birth while in office before now.

    Anyway. Mazel tov!!!
    As opposed to a male senator who gave birth?
    -Kevin

    "My point is you can't compare things with statistics." Joe Morgan


    "I'd have won that trial. I've often said that." Stephen A. Smith on the OJ Simpson trial

    RIP, Pete.

  10. #9410

    Re: Non-Presidential News Stories That Don't Deserve Their Own Thread Thread

    Quote Originally Posted by fredgmuggs View Post
    If you had asked me before posting that I would said there must have a been female senator who gave birth while in office before now.

    Anyway. Mazel tov!!!
    There have only been 51 women to ever serve in the Senate ever. I would guess that most were not of child bearing age by the time they were elected but that's just a guess. The average age of the Senate right now is 59 and the youngest woman is 46. Even Duckworth is 50 which puts her in a somewhat rare class for giving birth even without being a Senator.
    The feminist agenda ... encourages women to leave their husbands, kill their children, practice witchcraft, destroy capitalism and become lesbians. ~Pat Robertson 1992

  11. #9411

    Re: Non-Presidential News Stories That Don't Deserve Their Own Thread Thread

    Quote Originally Posted by Texsahara View Post
    There have only been 51 women to ever serve in the Senate ever. I would guess that most were not of child bearing age by the time they were elected but that's just a guess. The average age of the Senate right now is 59 and the youngest woman is 46. Even Duckworth is 50 which puts her in a somewhat rare class for giving birth even without being a Senator.
    Wow, I didn't even realize she was 50. That's just rare, not even "somewhat rare." She's rather amazing.
    "A Prince whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people."
    -- Declaration of Independence

  12. #9412

    Re: Non-Presidential News Stories That Don't Deserve Their Own Thread Thread

    Quote Originally Posted by Soriambi View Post
    I found the complaint:

    https://www.scribd.com/document/3756...kima-Complaint

    Having read it, I think I understand a little better where they're going with this. They seem to be arguing wrongdoing on two counts: first, a count of wrongful termination as a violation of Virginia public policy, namely that it goes against the US Constitution and Virginia Constitution protecting people from government retaliation for government speech. They're asking for that to be declared unlawful and for damages. I think their argument there is nonexistent.

    However, their second count, which is for breach of contract, makes the claim that she was offered four weeks of severance pay, the right to resign from her position instead of being fired, and that the employer would not dispute her request for subsequent unemployment compensation. It seems that for whatever reason, she got two weeks of severance. For that, she's asking for $2,692.30 and attorney's fees, and interest.

    I think the first count will be dismissed out of hand if they don't settle, but assuming her facts as alleged are true, she probably has something on the second count and be able to recoup that $2,600 and attorney's fees. I wonder if they included the first count to put pressure on the company to just give her the money she's asking for in the second count.
    Are you an attorney? Not being a dick, just curious.

  13. #9413

    Re: Non-Presidential News Stories That Don't Deserve Their Own Thread Thread

    Quote Originally Posted by Bill Marsh View Post
    Are you an attorney? Not being a dick, just curious.
    I believe he is an attorney.

  14. #9414
    Not fooling anyone. Soriambi's Avatar
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    Re: Non-Presidential News Stories That Don't Deserve Their Own Thread Thread

    Quote Originally Posted by Bill Marsh View Post
    Are you an attorney? Not being a dick, just curious.
    I am not. I have paralegal certification, but that's not what I do. Just an interested layman who does quite a bit of reading on the subject.
    -Kevin

    "My point is you can't compare things with statistics." Joe Morgan


    "I'd have won that trial. I've often said that." Stephen A. Smith on the OJ Simpson trial

    RIP, Pete.

  15. #9415

    Re: Non-Presidential News Stories That Don't Deserve Their Own Thread Thread

    Quote Originally Posted by Soriambi View Post
    I am not. Just an interested layman who does quite a bit of reading on the subject.
    I was wrong as I thought you were one.

  16. #9416
    Not fooling anyone. Soriambi's Avatar
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    Re: Non-Presidential News Stories That Don't Deserve Their Own Thread Thread

    Quote Originally Posted by Yankees1962 View Post
    I was wrong as I thought you were one.
    Nope. For the record, I usually stay silent unless I'm pretty certain about what I'm saying, and when I'm not and do say something, I try to make clear that I'm not sure.
    -Kevin

    "My point is you can't compare things with statistics." Joe Morgan


    "I'd have won that trial. I've often said that." Stephen A. Smith on the OJ Simpson trial

    RIP, Pete.

  17. #9417
    Get Off My Lawn. Maynerd's Avatar
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    Colorado Springs

    Re: Non-Presidential News Stories That Don't Deserve Their Own Thread Thread

    Quote Originally Posted by Soriambi View Post
    For the record, I usually stay silent unless I'm pretty certain about what I'm saying....
    That's a rarity.

    "But what people tend to forget...is that being a Yankee is as much about character as it is about performance; as much about who you are as what you do."
    - President Barack Obama

  18. #9418

    Re: Non-Presidential News Stories That Don't Deserve Their Own Thread Thread

    Quote Originally Posted by Soriambi View Post
    Nope. For the record, I usually stay silent unless I'm pretty certain about what I'm saying, and when I'm not and do say something, I try to make clear that I'm not sure.
    Something I'm going to try to follow going forward.

  19. #9419

    Re: Non-Presidential News Stories That Don't Deserve Their Own Thread Thread

    Quote Originally Posted by Soriambi View Post
    I am not. I have paralegal certification, but that's not what I do. Just an interested layman who does quite a bit of reading on the subject.
    Thanks. Various posters here bring an array of different backgrounds to the conversation. Itís always helpful to know the different areas of expertise.

  20. #9420

    Re: Non-Presidential News Stories That Don't Deserve Their Own Thread Thread


  21. #9421
    Let's go Rangers! RhodyYanksFan's Avatar
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    lil'rhody

    Re: Non-Presidential News Stories That Don't Deserve Their Own Thread Thread

    https://www.vox.com/policy-and-polit...-fargo-equifax

    The governmentís top consumer watchdog hasnít taken a single enforcement action since Trumpís pick took over
    Mick Mulvaney hasnít imposed any fines or penalties as acting director of the CFPB. Not one.
    Itís been 135 days since Mick Mulvaney took over at the Consumer Financial Protection Bureau, the United States governmentís top consumer watchdog.

    During that time, according to the Associated Pressís Ken Sweet, he has not taken a single enforcement action against any bank, lender, credit card company, or any other entity within his purview. Nothing.

    A review of a CFPB database obtained by the AP through a Freedom of Information request shows that the bureau issued an average of two to four enforcement actions a month under former Director Richard Cordray, President Obamaís appointee. But the database shows zero enforcement actions have been taken since Nov. 21, 2017, three days before Cordray resigned.
    I'm sure this is exactly what all those blue collar white voters wanted when they voted for Trump. They were all mad that the Consumer Financial Protection Bureau was doing too much to help Americans who were taken advantage of by corporations.

    Just more false populism from Trump who has governed to the right of every Republican president of my lifetime. More proof that he's nothing but a snake oil salesman who took advantage of the media's free publicity and fear mongered low info voters from voting in their best interests.

  22. #9422
    Let's go Rangers! RhodyYanksFan's Avatar
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    Re: Non-Presidential News Stories That Don't Deserve Their Own Thread Thread

    All that talk of Scott Pruitt needing 24 hour security and first class flights for his "protection" are a bunch of BS.

    https://www.nytimes.com/2018/04/10/c...ty-letter.html

    An assessment of threats aimed at Scott Pruitt, the administrator of the Environmental Protection Agency, conducted by the agencyís Homeland Security office in February, undercuts claims made by Mr. Pruittís security team to justify millions of dollars in security expenditures, according to an internal document obtained by a Senate Democrat.

    Senator Sheldon Whitehouse of Rhode Island wrote in a letter on Tuesday to John Barrasso, chairman of the Senate Committee on Environment and Public Works, that the E.P.A.ís Homeland Security Intelligence Team reviewed an October memo and found no specific credible threats to the administrator. The October memo was created by Mr. Pruittís protective security detail, led by Pasquale Perrotta, who is known as Nino, and was used to justify much of Mr. Pruittís large security detail and first-class travel.

  23. #9423
    Let's go Rangers! RhodyYanksFan's Avatar
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    Re: Non-Presidential News Stories That Don't Deserve Their Own Thread Thread

    Ted Cruz just asked Zuckerberg if any of his employees donate to Republicans. Is he allowed to ask that?

  24. #9424

    Re: Non-Presidential News Stories That Don't Deserve Their Own Thread Thread

    https://www.vox.com/2018/4/10/172191...l-pay-day-2018

    On Monday, an 11-judge panel for the Ninth Circuit Court of Appeals ruled thatemployers canít use a womanís salary history to rationalize paying her less than a man doing the same job.

    The appeals court reviewed and overturned a ruling made last year by three appellate judges, who had sided with a lower court in deciding that it wasnít a form of gender discrimination for the Fresno school district to pay a female math consultant less than a male peer. The lower court had ruled in Rizo v. Yovino that the school districtís decision to pay Aileen Rizo less was based on the fact that she was paid less in previous jobs, not because she was a woman.

    But a panel of judges said that calculating a womanís pay based on her salary history is a form of gender discrimination ó a violation of the Equal Pay Act of 1963, which prohibits businesses from paying women less than men for the same work.
    The feminist agenda ... encourages women to leave their husbands, kill their children, practice witchcraft, destroy capitalism and become lesbians. ~Pat Robertson 1992

  25. #9425
    Tends to be difficult JL25and3's Avatar
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    Quote Originally Posted by RhodyYanksFan View Post
    Ted Cruz just asked Zuckerberg if any of his employees donate to Republicans. Is he allowed to ask that?
    Cruz is allowed to ask Zuckerberg, but I donít think Zuckerberg would be allowed to ask his employees.

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