Pretty much, yeah. I've gotten a couple of over the phone consultations now that I've had time and pretty much received similar advice. I was told I more or less had 3 options, A) let it go, B) retain a lawyer and hope that prompts them to settle without any additional work (unlikely), C) represent myself and either waste so much more time and money that it's not worth it, or fumble badly enough in court that it's a lost cause. Actually hiring a lawyer and pushing isn't even in the realm of consideration due to costs and the options they'd have available to drag it out.
This is my first real experience with our legal system. Maybe areas are different, but I was never exposed to anything concerning it throughout K-12 or college. My research before going to small claims found mention that them pushing it to civil was possible, but nowhere did I see it'd be this easy or likely. I had this false belief that small claims was actually for the little guys.
I have a position secured once the company finishes their move in the 3rd week of September. Still keeping my eyes open and actively searching for anything better in the area, but I'm fairly pumped for this job due to location and similar pay.
I was asking all of the phone consultations what other options might be available that I'm not aware of. One of them made specific mention to not try and throw the company under the bus via news or social media or I may find myself served with a defamation suit.
Nothing I could prove. Better off just writing it all off as a life lesson I suppose.
Thanks to anyone that gave advice/support.
No idea if they might try to but they'd kind of have to prove you are lying. Can't imagine would be good for the company to start a suit they know they would lose against someone the public already knows they been trying to screw over lol. Just stick to the actual truth if you did something like that an no conjecture
El Yucateco is good shit. Keep a couple different bottles handy in your regular hot sauce rotation.
Funny Story: Years and years ago when I was in college I was waiting tables at Chi Chi's. They had replaced the 'regular' house salsa with this new stuff that wasn't that popular. There also wasn't a hot variant any more, so they started putting a bottles of El Yucateco on each table. One night, on Taco Tuesday, I had the bar all to myself. This was gold...you spent your time mostly bringing drinks as everyone helped themselves to the endless taco bar. Always packed, great money.
Anyway, one table of 4 (3 guys and one hot girl they all wanted to bang) orders tacos and drinks. One of the dudes asks if we have any hot sauce. "Sure do, we've got two types right there. There's green and red...be careful though, green's got a bit of a kick." Dude trying to impress hot chick laughs at my warning, they all chuckle at his studlyness, and I go off to get a pitcher of margaritas. When I come back the stud has sweat and tears pouring down his face and is eating a napkin while everyone else is laughing. He grabs the pitcher and starts chugging as the rest of them explain that he poured a fourth of the bottle on his first taco. Hilarity ensues.
This was back before they had the XXX. Dude probably would have died right there, he clearly wasn't a hot sauce guy.
Dicks make us do dumb shit.
Plaintiff (Mal) is the one that needs to prove to a bench judge that the Defense (Employer) is liable for damages. Since this is now moving out of small claims and onto a civil docket, the proceedings will end up being public record. Now with evidence, he can pretty much unload on the defense and it will be on something permanent than that of any social media posts. So save the social media BS for after the proceedings.
If you continue to pursue, I wish you luck. RL Phoenix Wright stuff right here.
Not sure how this responds to my response since I was responding to the possible defamation thing
Further on my weather woes. It seems earlier high temp predictions have been upgraded a few degrees. And winds are blowing smoke all the way down from the fires in Trinity national forest. Like you can smell it and can't see the sky barely see the sun and we like 200 miles away. Of course that's just making things hotter.
Slight win though. Decided to spend weekend in San Fran where only going to be 70s 80s.
Having been in the peanut gallery for most of this I have to wonder where the people who originally encouraged him to pursue litigation have disappeared to.
While I looked at it from the perspective of trying to right a wrong, I wasn't exactly under the delusion it'd be a slam dunk. Given the tactics employed, at this point I'd be more curious if his old workplace hasn't pulled this shit before with others.
Eh, not going to look back for names, but friends, family, and legal council I received before filing the small claims case all said to go that route. Not a one, including the attorney, ever mentioned it's likely pointless since they have a firm on retainer and would just drag it into civil court. A lot of examples I saw online listed landlord/tenant disputes and automotive repairs as prime examples of good things for small claims. This experience just makes me wonder how many of those are lost in the fold because those businesses have a lawyer ready to bump the case out to mitigate the company's damages.
I suggested small claims. I'm no law pro so I wasn't aware they could pull the stunt they did and have it moved to civil. It's frustrating to see how this company has treated Mal and I too bet this isn't the first time they've pulled shit like this.
Fuck reaction videos. I just wanna re-watch the newest episode of Dragonball Super and I have to sift through this shit and videos uploaded at 240p.
edit: And I've just discovered Crunchyroll. So yay for that.
Bay area is going to be slowly baked this weekend. San Francisco is expecting highs in the 80's which is absurd for them. Further inland about 15 miles in (Dublin, Livermore Areas) as well as further south are going to get as hot as 115 this weekend.