Law/Legal Thread

[iamshack]

Yeah, I don't think there is much you can do.

 

The offensive behavior was to root through your home and leave it differently than how they found it - while that may be rude, I don't think it rises to the level of an offense that merits trying to sue them over it.

[iamshack]

Yeah, my parents are the litigious type anyways so I am not sure why I am wasting my time explaining this other than the fact that it pisses me off.

Well, I have dogs that are treated like family members, so I understand your frustration.

 

Police are given fairly strong deference in regards to liability, particularly when they are responding to a report or a complaint (as opposed to them "happening" on your residence or something), so unless they did something incredibly negligent, it's really tough to get any kind of positive result.

 

A few Friday's ago I came home from work not feeling particularly well and laid down to take a nap. I awoke to my Great Danes going berzerk and my doorbell being rung. I figured it was a very persistent FedEx guy or something. Low and behold when I answered the door, there were two police men there, who asked me if I had seen any vagrants mulling about. I said, "Do you hear these dogs? We don't get a whole lot of vagrants around here."

 

They said someone had called 911 reporting some vagrants and the call came from my driveway. I was very confused.

 

They asked if I wanted to come out and walk the property with them to check for vagrants. Still a bit confused, but not wanting to rub them the wrong way, I agreed.

 

They then proceeded to walk behind my house, take one look, say "There is a lot of shady spots back here. Have you ever found anyone camping on your property?" I replied somewhat incredulously "Camping? Umm, no. Again, anyone that came on my property for any period of time would be sniffed out by the bloodhound gang over there," pointing towards to dogs looking at us through the window.

 

They then said "Ok, well, you may want to lock your gate after everyone gets home for the evening." Then they proceeded to walk off my property. I didn't see any police vehicles, but I guess I assumed they were motorcycle cops who left their bikes back by the sidewalk or something.

 

It was very strange.

 

Anyways, if I was going to be annoyed at anyone, I think I would be more annoyed at your sister and neighbor than the police. They were most likely not particularly pleased to be there either.

Edited May 18, 2016 by iamshack

[southsider2k5]

Alright resident lawyers, your comments would be appreciated.

 

My dad was in Ohio this past week and and my mom is a nurse five minutes away from the house. My little sister is a college student who is home for the summer. The house is in an unincorporated South Suburb of Chicago. IE, there is no cops, we'd get sheriffs. Anyways, we have two beagles and a fenced in backyard. They tend to go out all day long for 15-30 minute periods. My little sister let the dogs out, completely forgot about them, and then went to a friends house at 5 PM.

 

Getting to the point, at 10 PM, five hours after the dugs were let out, my mom got a call from a sheriff and her heart dropped as the sheriff told her they were in the process of going through her house at the moment due to a "well being check." My mom had thought something terrible had happened to her daughter. Then they informed her the dogs were left outside and one of the neighbors called because they kept barking. When my mom came home, there were six squad cars and three in our driveway. They had been there for about a half hour already. The police had been in the house but hadn't let the dogs back in the house. She had patients at work and was short staffed so she let the dogs in and immediately returned to work.

 

My mom came from her shift about an hour later and there was garbage all over the hallway upstairs. We close every bedroom always because the dogs, again beagles, will go into the garbage or follow their nose to food in anyway they can. My bedroom had a box of old Keurig cups that my dogs ripped through. Caffeine can kill dogs. My garbage, had a pack of sugar free Aldi's gum that was perhaps that worst excuse for gum I've ever experienced. Sugar free gum can also be lethal to dogs. Fortunately, neither ate these things and got sick. Sure, you could say I shouldn't leave this stuff where the dogs could get it, but I never, ever leave my door open.

 

The police came in opened every door in the house, left them open, did not let the dogs back in and then retreated to their squad cars in the driveway and waited for my mother to show up. It had looked like my house was a murder scene. Is there precedent for this type of egregious behavior? Is there anything my family should be considering as a result? My lawyer said "The sheriffs around here are outstandingly bad and that behavior is unacceptable, but knowing your family, I don't think you guys should pursue anything given the facts you gave me." I am sure most would agree with him but my mom is pretty upset so I figured I'd look for a second opinion.

 

Typically unless you can prove either negligence or maleficence, you have no case. Seeing as how hard those are to prove, you realistically have no chance to do anything about it.

 

[bigruss]

Shack I'd call your local police department and confirm those were official police officers, seems way to shady.

[iamshack]

Shack I'd call your local police department and confirm those were official police officers, seems way to shady.

Yeah, I thought about that. One of them had a sleeve of tattoos as well...not that cops don't have tattoos these days, but still.

[maggsmaggs]

Alright resident lawyers, your comments would be appreciated.

 

My dad was in Ohio this past week and and my mom is a nurse five minutes away from the house. My little sister is a college student who is home for the summer. The house is in an unincorporated South Suburb of Chicago. IE, there is no cops, we'd get sheriffs. Anyways, we have two beagles and a fenced in backyard. They tend to go out all day long for 15-30 minute periods. My little sister let the dogs out, completely forgot about them, and then went to a friends house at 5 PM.

 

Getting to the point, at 10 PM, five hours after the dugs were let out, my mom got a call from a sheriff and her heart dropped as the sheriff told her they were in the process of going through her house at the moment due to a "well being check." My mom had thought something terrible had happened to her daughter. Then they informed her the dogs were left outside and one of the neighbors called because they kept barking. When my mom came home, there were six squad cars and three in our driveway. They had been there for about a half hour already. The police had been in the house but hadn't let the dogs back in the house. She had patients at work and was short staffed so she let the dogs in and immediately returned to work.

 

My mom came from her shift about an hour later and there was garbage all over the hallway upstairs. We close every bedroom always because the dogs, again beagles, will go into the garbage or follow their nose to food in anyway they can. My bedroom had a box of old Keurig cups that my dogs ripped through. Caffeine can kill dogs. My garbage, had a pack of sugar free Aldi's gum that was perhaps that worst excuse for gum I've ever experienced. Sugar free gum can also be lethal to dogs. Fortunately, neither ate these things and got sick. Sure, you could say I shouldn't leave this stuff where the dogs could get it, but I never, ever leave my door open.

 

The police came in opened every door in the house, left them open, did not let the dogs back in and then retreated to their squad cars in the driveway and waited for my mother to show up. It had looked like my house was a murder scene. Is there precedent for this type of egregious behavior? Is there anything my family should be considering as a result? My lawyer said "The sheriffs around here are outstandingly bad and that behavior is unacceptable, but knowing your family, I don't think you guys should pursue anything given the facts you gave me." I am sure most would agree with him but my mom is pretty upset so I figured I'd look for a second opinion.

Under any legal theory you could possible pursue, based on the facts, you would have a real difficult time proving damages were a proximate result of the police's search of your house during the well-being check. I am not sure it was reasonably foreseeable that all that damage would have occurred from simply opening the doors.

 

Also in general, what are your damages? Are they worth bringing a lawsuit at the risk that the costs of litigation would exceed any legal damages suffered as a result of the police's activity?

 

[pettie4sox]

Signing a release after getting laid off, yay or nay?

[G&T]

20 hours ago, pettie4sox said:

Signing a release after getting laid off, yay or nay?

A release of what and for what?

[pettie4sox]

2 hours ago, G&T said:

A release of what and for what?

A release statement from your employer.  They say you're suppose to get it reviewed by a lawyer.  I've looked over mine, I'm not signing it but if you don't you forfeit your severance.

[G&T]

7 hours ago, pettie4sox said:

A release statement from your employer.  They say you're suppose to get it reviewed by a lawyer.  I've looked over mine, I'm not signing it but if you don't you forfeit your severance.

I guess the big question is do you think there has been anything about your time there that could give rise to a claim? What are the circumstances of the last off?

 You don’t have to answer but those are things to consider. What are the chances you are going to sue them? What are the chances you’d get more out of a lawsuit than the severance amount?

 Also I’m sorry that you have to go through this. That sucks.

[Chicago White Sox]

8 hours ago, pettie4sox said:

A release statement from your employer.  They say you're suppose to get it reviewed by a lawyer.  I've looked over mine, I'm not signing it but if you don't you forfeit your severance.

Your foregoing your severance?

Edited January 5, 2020 by Chicago White Sox

[pettie4sox]

1 hour ago, G&T said:

I guess the big question is do you think there has been anything about your time there that could give rise to a claim? What are the circumstances of the last off?

 You don’t have to answer but those are things to consider. What are the chances you are going to sue them? What are the chances you’d get more out of a lawsuit than the severance amount?

 Also I’m sorry that you have to go through this. That sucks.

I most likely won't sue them but I don't want anything off the table.  The thing is, the release has a non-compete clause and if any work you did while you were at the company comes under an audit they can call you in to assist.  Unless they change some verbiage, I am not signing it.  I will have an employment lawyer look over it tomorrow just to see what my options are.  I might consider it for a bigger severance package.  As of right now I'm employed until the end of the month and get paid out my PTO so I have roughly two months pay no matter if I sign the release or not.

40 minutes ago, Chicago White Sox said:

Your foregoing your severance?

As currently written yes.

[NorthSideSox72]

23 hours ago, pettie4sox said:

I most likely won't sue them but I don't want anything off the table.  The thing is, the release has a non-compete clause and if any work you did while you were at the company comes under an audit they can call you in to assist.  Unless they change some verbiage, I am not signing it.  I will have an employment lawyer look over it tomorrow just to see what my options are.  I might consider it for a bigger severance package.  As of right now I'm employed until the end of the month and get paid out my PTO so I have roughly two months pay no matter if I sign the release or not.

As currently written yes.

Keep in mind that non-competes are, in the main, unenforceable. The only path available for companies in the criminal sense is protection of trade secrets and the like, which they would have whether you left or not. On the civil side, they virtually never chase on that stuff because it does no good and they would almost always lose. What happens functionally is, if they are jerks about it, they can make your life difficult in going elsewhere in the way they respond to other companies on employment checks etc. But most companies don't play that game either.

In other words, I wouldn't worry much about it as long as you don't bring something proprietary to bear for the new firm.

 

[NorthSideSox72]

By the way, for any of the lawyers or people who are interested in the law generally, I highly recommend the Lowering the Bar blog. Writer is a lawyer who shares amusing legal stories he finds, peppered with a wonderful sense of humor.

 

[pettie4sox]

Anyone here an employment lawyer that has successfully sued for discrimination?

[pettie4sox]

Need some legal advice from the employment law experts.  I was on a contract assignment for a year with an agency.  At the end of the year, the client decided not to renew my contract for budgetary reasons but recommended me for a new position in a different group in the same company.  Since my contract was ending, I decided to pursue a new agency.  After doing some initial research, I learned my previous agency would have to release me in order to pursue a new agency.  I tried to reconcile with my agency to negotiate new terms for the new contract but in the end, it didn't work out.  They held me hostage by not releasing me after numerous requests and it was only granted when the last day of my contract which was my last day of employment with the agency.  Since they did this, my onboarding process for my new agency was delayed, and I missed two weeks of work as a result.  I hired a lawyer and she was forthcoming that they did indeed break the terms of "at-will employment" they have no incentive to make me whole.  She doesn't do the lawsuits and she said the amount of money owed isn't really worth pursuing in court.  

 

My question is, what can I do to return the damages?  I want to file multiple grievances with multiple regulatory bodies but I would like to know which would be the most impactful to their business (temp agency)?  Also if anyone has any additional legal ideas, I would be willing to hear them as well.

 

Thank you in advance.