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American civil system is not based on merit or reason. Anyone can file for any reason, any decent lawyer can make some claims that will require you to argue aga
by devwastaken 4y ago
American civil system is not based on merit or reason. Anyone can file for any reason, any decent lawyer can make some claims that will require you to argue against, else they be automatically defaulted to true and you lose. It doesn't matter if the big corp wins or not, the toll it takes on you is threat enough.
This isn't about civil disputes anyways. No employer wants to see a prospective new hire trash talking their previous company. Doesn't matter if it's deserved or not, it's seen as a liability.
- daniel-cussen 4y agoHahaha yeah you know what start with this exact preamble next time you're a plaintiff telling the judge why you deserve money. "The American civil system is not based on merit or reason." I would say it is in fact based on both of those, but more than anything on judgment.
- 21723 4y agoWhether the US civil system itself is based on merit or reason, the problem is that employers have all the resources and can play parliamentary procedure ad nauseam--even in the rare cases where the good guys win, they'll file appeals and motions while refusing to pay the judgment. Not to mention, they know which judges can be corrupted, and they also have PR resources and will rape the shit out of anyone who even mildly embarrasses them.
- daniel-cussen 4y agoI was against you up until the "rape the shit out of...". That got real real, real fast. It is by all means the intention.[1] Almost happened to me in a setting that wasn't employment, I had to do all these defensive maneuvers like getting out of America to make sure I got a trial[2]. I am not a judge of any court, to a small extent just the court of public places, but I find merit and solid reasoning in your case. [1] You know what, one employer definitely did that, apparently bribed my lawyer to get them to drop the case, got that vibe from the lawyer. Yeah, I thought I could argue with you at the very beginning, but no longer. [2] Extradition from a country of which you are a citizen requires a real trial, like that takes years, America will let me go to prison without trial but Chile will not let America do that without any kind of extradition trial at all. A lawyer congratulated me on this defensive maneuver.
- Qem 4y agoI think a textbook example of that is what Chevron did to Steven Donziger.
- 21723 4y agoFrivolous litigation happens but is fairly rare but, as you said, nothing in this country prevents potential employers from anally raping candidates for "bad-mouthing" prior companies. In the US, that's a legally defensible reason to fuck someone over, even if what was said about the ex-employer was truthful.