Business Power Zone - Article
The attorney at a prestigious and highly paid law firm gives a lecture on the "Role of Public Policy " in employment litigation. In other words, don't come crying to to him if the Government or Big Buisness violate your rights. Mr. Morales calls it an "erosion of the traditional employment-at-will doctrine by various legal theories which have developed."
The vagueness or--as some have called it--the "elasticity" of the public policy concept has been recognized by the courts. In the Palmateer v. International Harvester Co., the court noted "there is no precise definition of the term. In general, it can be said that public policy concerns what is right and just and what affect the citizens of the state collectively." Some have even gone so far as to describe the concept as "perhaps the most expansive and widely comprehensive phrase known to the law."
Wednesday, April 13, 2005
Tuesday, April 12, 2005
First things First.
One of the little sneaky things Arizona State Government does to prevent law suits against itself is provide a couple of different statuette of limitations.
The first thing you have to do is file a claim within 6 months. According to A.R.S. 12-821.01
A.)Persons who have claims against a public entity or a public employee shall file claims with the person or persons authorized to accept service for the public entity or public employee as set forth in the Arizona rules of civil procedure within one hundred eighty days after the cause of action accrues. The claim shall contain facts sufficient to permit the public entity or public employee to understand the basis upon which liability is claimed. The claim shall also contain a specific amount for which the claim can be settled and the facts supporting that amount. Any claim which is not filed within one hundred eighty days after the cause of action accrues is barred and no action may be maintained thereon.
B.) For purposes of this section, a cause of action accrues when the damaged party realizes he or she has been damaged and knows or reasonably should know the cause, source, act, event, instrumentality or condition which caused or contributed to the damage.
Many people get confused because of an additional limitation:
12-821. General limitation; public employee
All actions against any public entity or public employee shall be brought within one year after the cause of action accrues and not afterward.
Since I was terminated Nov 11., I have until May to get something started. It's a pretty simple letter and I might post it. I do have to worry about giving out too much info, once a court case has started.
The first thing you have to do is file a claim within 6 months. According to A.R.S. 12-821.01
A.)Persons who have claims against a public entity or a public employee shall file claims with the person or persons authorized to accept service for the public entity or public employee as set forth in the Arizona rules of civil procedure within one hundred eighty days after the cause of action accrues. The claim shall contain facts sufficient to permit the public entity or public employee to understand the basis upon which liability is claimed. The claim shall also contain a specific amount for which the claim can be settled and the facts supporting that amount. Any claim which is not filed within one hundred eighty days after the cause of action accrues is barred and no action may be maintained thereon.
B.) For purposes of this section, a cause of action accrues when the damaged party realizes he or she has been damaged and knows or reasonably should know the cause, source, act, event, instrumentality or condition which caused or contributed to the damage.
Many people get confused because of an additional limitation:
12-821. General limitation; public employee
All actions against any public entity or public employee shall be brought within one year after the cause of action accrues and not afterward.
Since I was terminated Nov 11., I have until May to get something started. It's a pretty simple letter and I might post it. I do have to worry about giving out too much info, once a court case has started.
Termination lawsuits are very difficult to win here in Az. We are an "at will state", but I have a number of friends who are attorneys and they have promised to do a bit of research into this for me.
Friends don't let friends drive drunk!
But once those friends have, a friend then spends all night "coaching" said individual on all the intricacies of a few days in Sheriff Joe's Tent City.
One might think that my time of 4 years as a law library assistant and clerk at a superior court would provide me with a bit more knowledge that the average "Joe" (pun intended) and you might be right. Here is a post on a visit I paid to Uncle Joe's.
http://bathosforthemisanthropic.blogspot.com/2004/11/my-visit-with-uncle-joes.html
You might also think that a few dozen friends who are attorneys would provide a bit extra punch to my counseling skills. Or it could be my world class internet surfing skills that provide me an inside scoop into the world of Jailarity.
If you thought it was any of those things, you would be wrong. It just happens to be that I have spent plenty of time in visiting the inside of the YARD thanks to a former tendency to combine 2 of my favorite past times. Drinking and Driving.
Few of us would argue that either drinking or driving when carefully seperated aren't fun. And a few crazies (60% of the population) said "it's like adding peanut butter and chocolate, what could go wrong?" Jail however is no Recees Peieces.
One might think that my time of 4 years as a law library assistant and clerk at a superior court would provide me with a bit more knowledge that the average "Joe" (pun intended) and you might be right. Here is a post on a visit I paid to Uncle Joe's.
http://bathosforthemisanthropic.blogspot.com/2004/11/my-visit-with-uncle-joes.html
You might also think that a few dozen friends who are attorneys would provide a bit extra punch to my counseling skills. Or it could be my world class internet surfing skills that provide me an inside scoop into the world of Jailarity.
If you thought it was any of those things, you would be wrong. It just happens to be that I have spent plenty of time in visiting the inside of the YARD thanks to a former tendency to combine 2 of my favorite past times. Drinking and Driving.
Few of us would argue that either drinking or driving when carefully seperated aren't fun. And a few crazies (60% of the population) said "it's like adding peanut butter and chocolate, what could go wrong?" Jail however is no Recees Peieces.
Friday, April 08, 2005
How to Blog Safely (About Work or Anything Else)
This here is the article I found while surfing the net at "work" today:
EFF:
A handful of bloggers have recently discovered that their labors of love may lead to unemployment. By some estimates, dozens of people have been fired for blogging, and the numbers are growing every day.
Reporting on Your Work for the Government:
If you work for the government, blogging about what's happening at the office is protected speech under the First Amendment. It's also in the public interest to know what's happening in your workplace, because citizens are paying you with their tax dollars. Obviously, do not post classified or confidential information.
So after reading this article it's pretty clear that not just me, but you the tax paying citizen of Arizona was screwed out of a fundamental right. [ Albeit one that most people, esp. the young of America, don't support]
http://www.lp.org/press/archive.php?function=view&record=83
But my tirade on our creeping fascism and silent totalitarianism will have to wait for another day.
http://bathosforthemisanthropic.blogspot.com/2005/02/silent-totalitarianism.html
EFF:
A handful of bloggers have recently discovered that their labors of love may lead to unemployment. By some estimates, dozens of people have been fired for blogging, and the numbers are growing every day.
Reporting on Your Work for the Government:
If you work for the government, blogging about what's happening at the office is protected speech under the First Amendment. It's also in the public interest to know what's happening in your workplace, because citizens are paying you with their tax dollars. Obviously, do not post classified or confidential information.
So after reading this article it's pretty clear that not just me, but you the tax paying citizen of Arizona was screwed out of a fundamental right. [ Albeit one that most people, esp. the young of America, don't support]
http://www.lp.org/press/archive.php?function=view&record=83
But my tirade on our creeping fascism and silent totalitarianism will have to wait for another day.
http://bathosforthemisanthropic.blogspot.com/2005/02/silent-totalitarianism.html
One day Temp Job at a Major Accounting Firm
My first and as it turns out only day as the temp answering phones at a major accounting firm was cut short. The normal receptionist had grand jury duty and was expeted to be out for some time. Instead of the 4 weeks to 6 weeks I was promised, I get only one day because the defendant pled out. Good news for her and bad news for me!
The job was perfect for me , I think I answered the phone 15 times all day. The rest of the time I spent surfing the web , reading 45 pages from a book that I can recommend "Troll a Love Story,"and playing solitaire. All these things I am really good at. Making sure you get connected to your party-not so much.
While surfing , I came across yet another story on bloggers rights that peaked my interest. This article has convinced me to sue my former employer for violating 1st amendment rights. I 'll tell more in the next post.
The job was perfect for me , I think I answered the phone 15 times all day. The rest of the time I spent surfing the web , reading 45 pages from a book that I can recommend "Troll a Love Story,"and playing solitaire. All these things I am really good at. Making sure you get connected to your party-not so much.
While surfing , I came across yet another story on bloggers rights that peaked my interest. This article has convinced me to sue my former employer for violating 1st amendment rights. I 'll tell more in the next post.
Sunday, April 03, 2005
Tuesday, March 29, 2005
Phizer Fires Sales Guy For Blogging How Little He Worked!
News Story - NCBuy: " Monday it fired an employee who wrote a book about his tenure as a Pfizer Inc. sales representative which boasted about how little he worked and how much money he earned."
Friday, March 25, 2005
North Carolina To Make Solitare Illegal For State Workers!
Is that a spreadsheet on your screen - or solitaire? csmonitor.com: "Here in North Carolina, the perennial favorite that was adapted so beautifully for the little screen has become a flash point between taxpayers and state employees. Goofing off on the cubicle computer may be today's version of the coffee break. But now some state lawmakers want the fun and games to stop - at least on company time. Saying taxpayers would be 'outraged' to know how much work time is frittered away by insurance-commission secretaries and DMV employees honing their solitaire and Mine Sweeper skills on the state's 50,000 computers, Catawba County Republican Sen. Austin Allran has sponsored what may be the country's first anti- solitaire legislation."
Wednesday, March 23, 2005
I have left the building.
I am no longer working with the Secretary of State's Office. Since that is the life of a Temp, I must move on.
The Terri Schiavo case has gotten the nation abuzz. Who knew the outcome of a vegetative and slowly deteriating woman ,could get you all interested in living wills , health care directives ,and such. My only question is, does Teri taste like broccoli?
Did you know that you can with no residency requirements, sign up for the free state of Arizona Health Care Directive Registry that will provide a depository for your directives ? Well you can.
Just go to the Arizona Secretary States's Office website:
www.azsos.gov
Remember it's free and no residency is required . What a great idea!
You see the government can help ! Call your grandma!
For More Info!!
Email: ad@azsos.gov
Phone: (602)-542-6187 Toll Free: 1-(800)-458-5842
Arizona Secretary of State Advance Directory
1700 W. Washington, 7th Floor
Phoenix, AZ . 85007
Since I don't have to answer the phones feel free to call !!
Tell'em Dave sent ya!
The Terri Schiavo case has gotten the nation abuzz. Who knew the outcome of a vegetative and slowly deteriating woman ,could get you all interested in living wills , health care directives ,and such. My only question is, does Teri taste like broccoli?
Did you know that you can with no residency requirements, sign up for the free state of Arizona Health Care Directive Registry that will provide a depository for your directives ? Well you can.
Just go to the Arizona Secretary States's Office website:
www.azsos.gov
Remember it's free and no residency is required . What a great idea!
You see the government can help ! Call your grandma!
For More Info!!
Email: ad@azsos.gov
Phone: (602)-542-6187 Toll Free: 1-(800)-458-5842
Arizona Secretary of State Advance Directory
1700 W. Washington, 7th Floor
Phoenix, AZ . 85007
Since I don't have to answer the phones feel free to call !!
Tell'em Dave sent ya!
Tuesday, March 15, 2005
I'll still call it the Self Help Blog!
Per my lawyer, and due in part to the apparent recurring interest of my former employer, I am changing some of the posts by removing the name of the organization I now work for. From now on I will use only the initials S.O.S. to refer to my current employers.
My lawyer [who in real life is an attorney with a large and prestigious law firm] convinced me that my former employer may still be pissed enuff to have me on the shit list and all it would take is a phone call or the like to get me in trouble again.
He goes on to add that "You might be on some watch list after all the action down in Atlanta."
Great, now I am being compared to serial murderer by a best friend. It might be my fault I guess I shouldn't of let him read the Bathos Weblog before giving me advice. "Some of it's funny, some of it's just sick."
The name I picked is multi layered and for those following along you will get it, for the new folks let's just say I need all the help I can get in order to go to work everyday![ Morse code for HELP is too funny too pass up since I no longer work in a Self Help Center!!)]So nobody tell anyone where I work, and I won't from now on either! I have had to edit quite a bit in the posts so some will not make as much sense.
Big news from the the former job , that I just had not gotten around to posting ,I won't get be getting hired back (ha) as I lost the appeal hearing. I will dedicate a post soon to that though!
My lawyer [who in real life is an attorney with a large and prestigious law firm] convinced me that my former employer may still be pissed enuff to have me on the shit list and all it would take is a phone call or the like to get me in trouble again.
He goes on to add that "You might be on some watch list after all the action down in Atlanta."
Great, now I am being compared to serial murderer by a best friend. It might be my fault I guess I shouldn't of let him read the Bathos Weblog before giving me advice. "Some of it's funny, some of it's just sick."
The name I picked is multi layered and for those following along you will get it, for the new folks let's just say I need all the help I can get in order to go to work everyday![ Morse code for HELP is too funny too pass up since I no longer work in a Self Help Center!!)]So nobody tell anyone where I work, and I won't from now on either! I have had to edit quite a bit in the posts so some will not make as much sense.
Big news from the the former job , that I just had not gotten around to posting ,I won't get be getting hired back (ha) as I lost the appeal hearing. I will dedicate a post soon to that though!
Friday, March 11, 2005
Somebody loves me
Rumor floating around the office that my new temp job is mine for the asking. One bad bit of news is that the pay might be lower. Though another rumor has it that I can negotiate the pay without reference to a "wage scale."
I'll keep you updated as I know you all hang on every word printed here!
By the way never allow a girl in your office to get "screwed out" of signing a birthday card for a fellow employee. [it wasn't me , but trust me I have been warned as the victim is on "on" to who did it and confronted her in a scary bit of melodrama!]
I'll keep you updated as I know you all hang on every word printed here!
By the way never allow a girl in your office to get "screwed out" of signing a birthday card for a fellow employee. [it wasn't me , but trust me I have been warned as the victim is on "on" to who did it and confronted her in a scary bit of melodrama!]
Wednesday, March 09, 2005
Ten Reasons Why Blogging is Good For Your Career
ongoing � It�s Not Dangerous: "Ten Reasons Why Blogging is Good For Your Career "
Tuesday, March 08, 2005
Friday, March 04, 2005
Things I hate about Employment
Conservatives like to point to the well being found from within the "pride" of work. Pride likes to think you as his bitch, pounding on your ass as your getting up at 6 am and shuffling off drearily to work and then returning home a good 12 hours later.
After bit of dinner and TV it's off to bed by 9. I just need that extra nine hours of sleep. Otherwise, I may end up "accidently" taking that gun [That Arizona so thoughtfully will allow me to take to bars ( and I so promise I won't get drunk and shoot my trailer park wife in the head with it)] to work where it might go off.
Not only that , but suddenly I have things to do. Like the following pests:
After bit of dinner and TV it's off to bed by 9. I just need that extra nine hours of sleep. Otherwise, I may end up "accidently" taking that gun [That Arizona so thoughtfully will allow me to take to bars ( and I so promise I won't get drunk and shoot my trailer park wife in the head with it)] to work where it might go off.
Not only that , but suddenly I have things to do. Like the following pests:
- Pick up dry cleaning
- go to class
- drop off library books
- grocery shopping
- get a haircut
Christ , it never ends does it? People do this for 40 years? Why are we wasting 55% of the worlds resources so that 6 % of the population can afford to pick up their dry cleaning?
Now let the world pick up that old Satrian refrain "shoot a white man , steal his money and buy an African his Aids medicine."
Wednesday, March 02, 2005
2nd Week In Tempville.
There is quite a bit of hub a bub over a few bills in the legislature that effects our office. Mostly it seems that our esteemed representatives down in the capital believe that it is the intention of this "organization" to decrease it it's work and increase it's fees.
I would normally decry such activity as a tax payer, but as an insulated employee of said entity, I can see the point.
I would normally decry such activity as a tax payer, but as an insulated employee of said entity, I can see the point.
Thursday, February 24, 2005
My first week as a TEMP with Jan Brewer!
I am not sure how this was done, but the agency that I work for, got me a gig with my state government. I figured I would be bared from any work with any agency, but not so.
I also figured I would need to get a background check again. Not. Fingerprinted? No way, Jose
Though I must admit the agency hit the mark with this job. It's the sorta thing I am just clerically enabled enough to do.There is no massive data entry to do, just reviewing paperwork and some customer service over the phone.
I am in charge of a whole division which means that the entire division consists of just me. I am constantly told that no one can tell me what to do, and I shouldn't have to stuff envelopes.
Now why you would give a "Temp" an entire division which was then described to me as "high profile" is a matter only someone who has been a supervisor or an upper could answer.
Working for this agency has been quite a change for me. I am no longer scanned and run through a metal detector just to get in my office. On the other hand neither are the public.
I also figured I would need to get a background check again. Not. Fingerprinted? No way, Jose
My interview at the agency consisted of probing questions like :
- "What kind of things are you in to?
"What do you want to do?"
Though I must admit the agency hit the mark with this job. It's the sorta thing I am just clerically enabled enough to do.There is no massive data entry to do, just reviewing paperwork and some customer service over the phone.
I am in charge of a whole division which means that the entire division consists of just me. I am constantly told that no one can tell me what to do, and I shouldn't have to stuff envelopes.
Now why you would give a "Temp" an entire division which was then described to me as "high profile" is a matter only someone who has been a supervisor or an upper could answer.
Working for this agency has been quite a change for me. I am no longer scanned and run through a metal detector just to get in my office. On the other hand neither are the public.
Here is a quick rundown of my first day:
- 8 am to 930 introductions all around
- 930 to 1120 review articles on my job
- lunch
12 30 to 3 pretending to work followed by:
6 hours of envelope stuffing the next day.
I finally feel like a temp. The universal job requirement for being a temporary worker is the ability to stuff envelopes. I can do this quite well. I witnessed faces of full of mock astonishment when they saw the piles of envelopes I had stuffed!!
Friday, February 18, 2005
It's Go TIme
While it's true that I have been eating better on food stamps than during my time with Arizona's Superior Court, it couldn't last forever. First there was that annoying sound my roommate would make everytime of the month rent comes around.
Nearly 6 months from D-day (Dooced get it?) My temp agency finally placed me. [I am using just initials of the company now S.O.S. funny still help huh! ] I am guessing there will be plenty to blog about for a month or so, this time I won't be doing it from work. Oh, hell maybe I will anyway. LOL [I just used LOL on my blog, Kill me]
Barb, that my agent, called and said it was a "GO", I 'm gonna have to get used to all this Temp lingo, I felt like I was on the launch pad at Kennedy. Houston , we have a problem...I have to go back to work!!!
Nearly 6 months from D-day (Dooced get it?) My temp agency finally placed me. [I am using just initials of the company now S.O.S. funny still help huh! ] I am guessing there will be plenty to blog about for a month or so, this time I won't be doing it from work. Oh, hell maybe I will anyway. LOL [I just used LOL on my blog, Kill me]
Barb, that my agent, called and said it was a "GO", I 'm gonna have to get used to all this Temp lingo, I felt like I was on the launch pad at Kennedy. Houston , we have a problem...I have to go back to work!!!
Wednesday, February 16, 2005
A New Blog
I have decided to revive the Karl Marx Blog.
http://thekarlmarxblog.blogspot.com
You are so excited I bet!
http://thekarlmarxblog.blogspot.com
You are so excited I bet!
Tuesday, February 15, 2005
Boing Boing: Companies that have fired people for blogging
I just became aware that BOING BOING , the world famous website has my old job down as a place that fires bloggers. How cool is that?
Boing Boing: Companies that have fired people for blogging
Boing Boing: Companies that have fired people for blogging
Monday, February 14, 2005
The Librarian Dialogues
I can assure you that after working in various libraries for the past 8 years that this short film speaks volumes about what the "inside" is like. Not exactly CSI Miami here!
On the otherhand I tried giving myself a haircut with my norelco beard shaver today. Good thing I cant upload images on this blog !!
the librarian dialogues
On the otherhand I tried giving myself a haircut with my norelco beard shaver today. Good thing I cant upload images on this blog !!
the librarian dialogues
Sunday, February 13, 2005
Wednesday, February 09, 2005
ABC News: Blogging Can Get You in Trouble at Work
Did you know getting a blog could get you fired? Well it appears that ABC news just discovered this!ABC News: Blogging Can Get You in Trouble at Work
Thursday, February 03, 2005
FOXNews.com - Politics - State Worker Sues for Having Nothing to Do
Is this woman crazy or what? I am gonna sue to get my old job back , so I can get back to do ing nothing!
FOXNews.com - Politics - State Worker Sues for Having Nothing to Do: "Freund has a job most people would envy. She spends her days at work reading the newspaper and finishing crossword puzzles, and earns about $100,000 a year for her troubles, including benefits. "
FOXNews.com - Politics - State Worker Sues for Having Nothing to Do: "Freund has a job most people would envy. She spends her days at work reading the newspaper and finishing crossword puzzles, and earns about $100,000 a year for her troubles, including benefits. "
Tuesday, February 01, 2005
Mock Trial Coming up
I have loaned out my extensive ( I might say world renownd) legal expertise to a litigation group this Thursday. They will be paying 90 dollars, and I will get to pretend I am a jurist. So much DRAMA!
I have had dreams of grandeur and keep thinking about the book "Runaway Jury" I will have those other jurists eating out the palm of my hand. I say not GUILTY damn it. I will deliver the jury my way and finagle my way on to the real jury. Once there, I will garner thousands of dollars from the side willing to pay for victory.
I have had dreams of grandeur and keep thinking about the book "Runaway Jury" I will have those other jurists eating out the palm of my hand. I say not GUILTY damn it. I will deliver the jury my way and finagle my way on to the real jury. Once there, I will garner thousands of dollars from the side willing to pay for victory.
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