jimnyc
10-17-2008, 05:42 AM
Many people think they know the law better than lawyers themselves, and myths get propagated quickly and eventually these myths become "law" to many people. A couple that irritate me the most:
Employment Law:
"Wrongful Termination" - I see people constantly wanting to sue for reasons they were fired. Things from "no notice was given" - "No warnings were given" - "It's not in the company policy handbook" - "They thought I was a thief but they were proven wrong"
In every state in the US but one, "at will" employment exists, which means an employer can fire you for any reason and an employee can quit for any reason. A wrongful termination would only exist if the reason an employee was fired was against the law, which is actually quite rare.
Defamation, Slander & Libel:
Everyone wants to sue someone when their feelings are hurt, or just to be vengeful. The guidelines surrounding these 3 areas are rather strict. For the most part (and I'm no lawyer), a person would need to show the acts/words were spread to an audience, a reputation was seriously damaged AND that monetary damages have been incurred. Of course, like any other law, there are plenty of gray areas, but the majority of complaints I read about are pure rubbish and the person filing suit will spend money for nothing.
Selling vehicles / Lemon law:
Ok, if you buy a brand new car and it has a serious mechanical defect that could be a danger, you have a case for a lemon law. If your car is used, in most states you are shit out of luck. If you purchase a car from someone where it states it is being sold "as is" - have a mechanic check it out BEFORE you purchase - as afterwards you will have no merit for a suit. I can't tell you how many times I'll see someone complain that they bought a 15yr old car and then complain that "it leaks oil and I want my money back". Likely a qualified mechanic would have noticed that BEFORE you purchased it, but if you bought it "as is" and then brought it to him - enjoy your new leaky oil car!
Employment Law:
"Wrongful Termination" - I see people constantly wanting to sue for reasons they were fired. Things from "no notice was given" - "No warnings were given" - "It's not in the company policy handbook" - "They thought I was a thief but they were proven wrong"
In every state in the US but one, "at will" employment exists, which means an employer can fire you for any reason and an employee can quit for any reason. A wrongful termination would only exist if the reason an employee was fired was against the law, which is actually quite rare.
Defamation, Slander & Libel:
Everyone wants to sue someone when their feelings are hurt, or just to be vengeful. The guidelines surrounding these 3 areas are rather strict. For the most part (and I'm no lawyer), a person would need to show the acts/words were spread to an audience, a reputation was seriously damaged AND that monetary damages have been incurred. Of course, like any other law, there are plenty of gray areas, but the majority of complaints I read about are pure rubbish and the person filing suit will spend money for nothing.
Selling vehicles / Lemon law:
Ok, if you buy a brand new car and it has a serious mechanical defect that could be a danger, you have a case for a lemon law. If your car is used, in most states you are shit out of luck. If you purchase a car from someone where it states it is being sold "as is" - have a mechanic check it out BEFORE you purchase - as afterwards you will have no merit for a suit. I can't tell you how many times I'll see someone complain that they bought a 15yr old car and then complain that "it leaks oil and I want my money back". Likely a qualified mechanic would have noticed that BEFORE you purchased it, but if you bought it "as is" and then brought it to him - enjoy your new leaky oil car!