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I can't tell whether I am explaining myself poorly or whether you are intentionally misinterpreting. I am not a lawyer, and to my knowledge, neither are you.
by logfromblammo 11y ago
I can't tell whether I am explaining myself poorly or whether you are intentionally misinterpreting.
I am not a lawyer, and to my knowledge, neither are you. And that's why I won't go further than this post on this branch of the conversation. As I have noted before, you can apparently post far more often than I can, and I can't keep up with you even when I have any credible knowledge on the topic.
I have a somewhat jaded view of the US civil court system. Others, not quite so jaded, believe in the Hollywood stories where Joe Average can take on Blatantly Unethical, Inc. and win. Those are the people foolish enough to sue their former employers. Just don't do it. Take your licks and move on.
In your hypothetical, the ex-employee sues for injunctive relief against the former employer disclosing to anyone the reason why he was fired, as it is damaging to his professional reputation and therefore materially impacts earning potential. The employer has an affirmative defense that truth cannot be slander. So the judge now has legitimate reason to decide the facts of whether the employee was, in fact, fired for gross negligence. The employer submits log files with a motion brief, the judge pretends to read them, and then renders summary judgment in favor of the defendant. It is now public record forever that the employee was fired for rm'ing production. Any good lawyer could have informed the employee that this would not end well for him.
Edit:
Injunctive relief = the plaintiff seeks an order from the court for the defendant to either do or not do something. In this context, it would be to not tell anyone why they fired the plaintiff. This is my understanding of the concept. If you need additional explanation, talk to a lawyer, or a paralegal, or a law student, as I am none of these. This is just my layman's perception of a thing that courts can do. If the defendant disobeys the order, the plaintiff has to first find out about it and also actively petition the court to do something about it.
- tptacek 11y ago"Injunctive relief"? Help me understand what you mean by this.
- kelukelugames 11y agoYou are arguing with someone whose limited exposure comes from observing secondhand issues. People don't know the difference between what feels right and is legally safe.
- logfromblammo 11y agoLegally safe is to have lots of cash in your war chest, and enough time to be very patient. The law doesn't need to be on your side if the judge is. Perhaps I'm only pessimistic because I have been metaphorically kicked in the teeth by too many kinds of grown-up bullies, and have seen too many all-too-familiar stories about it happening to other people like me.