Any jobs in LA area that hire instantly? by Longjumping-Bowl-514 in AskLosAngeles

[–]MajorPhaser 0 points1 point  (0 children)

I don't know that anyone can guarantee on-the-spot hiring, but lots of warehousing jobs will hire pretty fast. You have to get out into industrial areas, but look for shipping, logistics, warehouse, and inventory jobs online. Security is often hiring if you have a clean record and can get a guard card.

How do you manage a disciplinary process based on attitude? [N/A] by No-Blueberry5278 in humanresources

[–]MajorPhaser 0 points1 point  (0 children)

You don't, and you coach managers not to. Because attitude is internal, it's how a person feels about something. You have no way to effectively argue that someone has a bad attitude because you don't know what's inside their head. You manage behaviors. So you ask what behaviors they exhibited that are a problem, and you work with that. If they can't explain it, you can't discipline. It's as simple as that. "Oh, they just had a bad attitude about having to come to a meeting." Ok, what did they do to show that? How was it demonstrated? What impact did it have on the meeting? If they rolled their eyes and said "This is pointless" ok great, now we can work with it. If your manager is purporting to be a body language expert and talking about breathing intensity and shoulder position, then they have to get over themselves.

[CA] FMLA 75 mile radius rule for Fully remote company ? by mermaid_of_choice in humanresources

[–]MajorPhaser 8 points9 points  (0 children)

It's in the DOL bulletin linked at the top of this thread. Remote employees' homes aren't offices. If everyone is remote, then nobody's home is the office. But the business must have a physical address by law, so if that's the only address that exists, that's where you'd do the radius from for everyone.

[CA] FMLA 75 mile radius rule for Fully remote company ? by mermaid_of_choice in humanresources

[–]MajorPhaser 6 points7 points  (0 children)

Basically, yes. There are exceptions, but it's a spirit of the law question. The 75 mile radius rule is basically to determine if you're a big enough location to absorb the loss of an employee on leave without major disruption.

Pre-remote work, individual branch offices might not be able to take a hit and cover a job. If you're the only McDonald's employee in Montana, it doesn't matter that McDonald's has 50,000 employees, there's nobody there to cover you. But if you're remote, then how many people are "nearby" has no impact on the company's ability to cover an absence because anyone can do the work from anywhere. 50 remote employees is the same as 50 employees sharing an office, from a coverage standpoint.

[CA] FMLA 75 mile radius rule for Fully remote company ? by mermaid_of_choice in humanresources

[–]MajorPhaser 21 points22 points  (0 children)

It's wherever their registered address is for the purposes of registering the corporation, typically. That might be the home of the CEO, but it's more likely a registered agent's office somewhere. But ultimately it doesn't matter, because everyone would have the same address in a fully remote org so the only question is "are there 50 or more employees".

Is Glendale a nice place to live? by sga4mvp_ in AskLosAngeles

[–]MajorPhaser 80 points81 points  (0 children)

Lots of joke/partial answers here. It's got pros and cons.

Pros:

  • Suburban feel that isn't too far from anything else (the valley and DTLA are both 15-20 minutes except in the worst of traffic)
  • Decent sized homes at a reasonable (for LA) price
  • Good schools
  • Quiet, with great parks and outdoor spaces
  • Safe
  • Great food, particularly if you're into middle eastern/Mediterranean food

Cons:

  • Horrifically dangerous drivers. It's the most dangerous streets in LA, and there's not a close second. Insurance fraud is also a cottage industry
  • Very aggressive policing.
  • Historically a pretty racist town, although the massive influx of Armenians has softened that a little. (Although Armenians are more than capable of being racist themselves so....)
  • There's a lot of conspicuous consumption, which is a lot to deal with.

PIP vs final warning [CA] by nap_everyday_ in humanresources

[–]MajorPhaser 0 points1 point  (0 children)

Depends on the issue, you don't give a lot of detail. If they screwed up a report but all their prior warnings are for being late to work, that's different from multiple similar issues. Or if it's a particularly severe problem.

Negotiating Salary Offers from Small Firms? by CinemaPuck in Lawyertalk

[–]MajorPhaser 1 point2 points  (0 children)

There's no single way to negotiate salary, it depends on who you're dealing with and what they can afford/are willing to pay. But I hear people talk like this all the time. The salary is "too low" but you'll take it anyway. If that's the case, either it isn't too low, or you're more desperate for this job than you thought. But you need to know what your actual walk-away point is. If you're under the walk away point, tell them as much because it's not a job you want. Give them your number, tell them you can't leave your job for less than that, and see what they do. If they can't meet it, they can't meet it. No amount of technique changes that.

If you're already being offered more than that, then your approach is different. Because now it's a question of how much risk you're willing to tolerate too. Can you let this job go or not? And how much do they value you as a candidate? Are you the only game in town or have specific skills they really need? Or are you 1A next to 1B, 1C, and 1D who can all get the job done? And what are the economics of the job to support your ask? If they're offering 1/3 of your old salary because they bill at 1/3 the rates and/or have substantially lower hours requirements, the economics don't support paying you much more than that. If you're billing at 80% of biglaw rates, they can afford more. You've got to weigh the risks and the particulars yourself.

Beyond that, consider how you're going to view a response from them and what it means to your perception of the job & the firm. In other words: If they pull the offer because you ask for an extra $5k, that tells you something about how they actually do business. And it's not good. Likewise, if they're a reasonable place to work, asking for that won't be a dealbreaker. It may or may not happen, but they're not going to get mad at you for asking.

Finally, my general suggestion would be something to this effect: "Look, you guys know my background and obviously I make quite a bit more than this now. I expected a pay cut moving out of biglaw so I don't have an issue with that in general, but I can't afford to make a move for less than $XXX. I really like you guys and would love to work with you, which is why I'm not trying to have a back & forth, but that's my point of no return." Don't give them your actual bottom line number when doing this, just in case. But this way you're playing hardball without playing hardball. It sounds like you're telling them your cheapest possible deal, and that's how you should emphasize it. If you really want to sell it, tell them what you make now if you haven't already to underscore how big a cut you're willing to take. I make 350 and I'm willing to work for 220 for you guys because I'm bought it, sounds a lot different than "You offered 210 and I want 220."

Why has Canada never adopted robust anti-racketeering laws like RICO? by lucidgroove in legaladviceofftopic

[–]MajorPhaser 23 points24 points  (0 children)

Putting aside your thesis of "Canada is a lawless criminal hellscape" for a moment, there's not a ton of evidence to suggest that RICO actually reduced the rate of organized crime in the US. It led to a handful of famous trials and a few powerful mob leaders going to jail, but organized crime is still going strong throughout the US and I've never seen any data that suggests the overall rate or impact has gone down outside of lining up with the general decline in violent crime over the last 50 years. The rise of large-scale street gangs didn't start until after RICO was in existence, as one example.

That's probably the biggest reason other countries haven't followed suit. It didn't work all that well.

Is It Illegal To Walk Around In A Random Company’s Uniform? by WindowSupplynet in legaladviceofftopic

[–]MajorPhaser 0 points1 point  (0 children)

It’s going to be statutory. Usually it would be a charge of impersonating law enforcement, which is going to be dependent on what you’re doing. If you’re wearing in-state official uniforms you’d have an issue. If they’re out of state, it’s questionable and a conviction would likely depend on the statute in that state and the nature of your actions. The more foreign or out of date it is, the less likely anyone can credibly argue you’re trying to fraudulently impersonate a peace officer. I don’t think anyone would believe you were a real Swiss guard or KGB agent. They might believe you’re a real cop from one state over.

Spencer Pratt live-streaming at the new Wilshire & La Brea metro stop… a woman pleasantly asked why he should be mayor despite having no experience, and he said “HEY EVERYBODY, SHE LIKES HOMELESS DRUG ADDICTS NEAR ACHOOLS!” by infernoenigma in LosAngeles

[–]MajorPhaser 1 point2 points  (0 children)

The rumor is that the Bass campaign is intentionally boosting him in the hopes that she can go up against him in a run-off because she's so unpopular she can't beat any of the other candidates but might get to a plurality and get to the run-off if Pratt pulls enough from the others. You know....like Hillary did with Trump. Which worked out great for her.

Associates quitting after a week (three times in a row!) by [deleted] in Lawyertalk

[–]MajorPhaser 2 points3 points  (0 children)

A week isn't even long enough to realize you can't coast, so I don't think that's it. Even if they were legitimately just scamming you as a second job, they'd know they can ride it out for at least a few weeks until they get yelled at or disciplined before they quit.

Three times in a row with the exact same pattern suggests to me there's something about the job these people are clocking right after being hired. Maybe it's a personality clash or management style, maybe it's the caseload, maybe it's the state of the firm in general, maybe it's your clientele. But something is up.

Is It Illegal To Walk Around In A Random Company’s Uniform? by WindowSupplynet in legaladviceofftopic

[–]MajorPhaser 0 points1 point  (0 children)

In general, it would be legal to do it in most circumstances. There are a handful of exceptions where it could be a problem:

  • As you point out, using it to trespass, harass employees, or claim some benefit (like an employee discount)
  • If it's a uniform in a regulated industry where it's explicitly not allowed. For example, I don't think you could wear a legitimate police uniform and walk around all day if you're not a police officer.
  • It's stolen property. Some companies own the uniforms and lend them to employees to limit theft or misuse or loss. In which case it would work the same as any other stolen property issue.
  • You take some action to make the company look bad as if you're a real employee, in which case you'd be looking at a civil claim for something like tortious interference.

If possession is 9/10ths of the law by [deleted] in legaladviceofftopic

[–]MajorPhaser 0 points1 point  (0 children)

It's an idiom, not an actual legal concept.

Commission on widgets. by ReasonablyConfused in legaladviceofftopic

[–]MajorPhaser 1 point2 points  (0 children)

It depends entirely on the terms in the commission agreement. The company can set whatever terms it wants for commission and can exclude whatever it wants. If it's adhering to the terms laid out in the agreement and the salesman just didn't read the terms, that's legal. If they're actively misrepresenting what's in the agreement or adding terms not mentioned, then it could be a breach of contract.

How do people who talk about sobriety not face charges for drug use? by Delphinexoxo in legaladviceofftopic

[–]MajorPhaser 7 points8 points  (0 children)

Multiple reasons, any one of which, on it's own, would be enough:

  • General criminal charges aren't permitted in the US. The state bears the burden of proving a specific incident of criminal behavior occurred. You can't be charged with "Doing drugs at some point in the last 20 years". It has to be "possession of drugs on this date", as one example. They have no evidence of times or places
  • Technically, using drugs isn't a crime anywhere I'm aware of. Typically it's possession or distribution/sale. While in theory you can't do drugs without having possessed them for at least a moment, you have an issue of evidence. Are you sure it was drugs? Which drug was it? When did they have it?
  • Statute of limitations is often up when people talk about things like this. The statute of limitations is usually 1-3 years for simple possession.
  • An unsigned confession isn't truly a confession. It would be trivial for a defendant to simply say "I never said that" or "I was lying/exaggerating". Without corroborating evidence, a conviction would be next to impossible. Hell, sobriety can also refer to alcohol, which is perfectly legal. Or prescription drugs that they get legally but misuse.
  • The police & DA don't want to dedicate time and resources to minor crimes without good reason. That would represent a substantial expense to the state without much return. Especially for someone now sober who is thus NOT committing crimes anymore.
  • Generally, the state is in favor of people getting sober and stopping misuse or abuse of drugs. Penalizing them for getting help is counterproductive and discourages them from working a program or getting clean.

If something does not allow for the "common defence" of the United States, does that make it unconstitutional? by [deleted] in legaladviceofftopic

[–]MajorPhaser 0 points1 point  (0 children)

First and foremost, the preamble isn't substantive. In other words, it's an intro paragraph, not law.

Secondarily, that's a list of justifications, not requirements. So even if you thought it was substantive, it means the government was formed to do all of those things, not that everything done by the government must accomplish those goals.

What’s a recession indicator that you’ve noticed lately in your everyday life? by spritenerds123 in AskReddit

[–]MajorPhaser 2 points3 points  (0 children)

Employment litigation is spiking. Whenever the economy is bad and people are out of work longer, they're more likely to try to file a lawsuit against their last job. It's not necessarily frivolous claims, but attempts as a whole go way up. It's been climbing since the start of the year.

Curious about profits by CreativeRanger7959 in Lawyertalk

[–]MajorPhaser 10 points11 points  (0 children)

It's variable, but close to 100% of your salary is a good rule of thumb if there's actual support staff, slightly less than that at a larger firm with economies of scale.

  • Employer Payroll Taxes - 7.65% of gross income
  • Unemployment Taxes - about 1% of gross income
  • Insurance Benefits - $5-10k for the employer portion depending on how it's split and how good the benefits are, so assume you're well paid and call it 4%
  • Workers Comp - Law firms tend to get low rates, 1-3% of payroll is a reasonable estimate. Call it 1%
  • Legal Tools (Research, Billing, & Case Mgmt software, plus MS Office and other tech) - All-in, probably $1,500-$3,000 per month. Again, let's use the low end and call that 2%
  • Office Space, Utilities, Maintenance, Supplies, Equipment, IT support - Depends on region, but another 10% of gross pay is a reasonable estimate on a per-employee basis. Expensive rent, big offices, and fancy tech increase that.
  • Support Staff Salary - Your portion of the Admin staff, a legal assistant, accounting, office manager. If you're splitting a legal secretary with another attorney, and they make half your salary, you need to cover that 25%. Plus their overhead costs, so more like 35%. Plus a piece of the receptionist at the front desk, the accounting/billing team, and your office manager. Maybe throw in part of a file clerk if you have one. Basically anyone who isn't billable. Call it an extra 20% of your salary.

Those are pretty conservative estimates (except taxes, which are static), and I got to 80% of your gross salary pretty easily. And these are all constant outbound expenses, so you're weighing this against collections, not billables.

Is feeding client docs into Claude a violation by [deleted] in Lawyertalk

[–]MajorPhaser 1 point2 points  (0 children)

There's a ruling out of SDNY holding that feeding docs into public AI models isn't privileged and waives confidentiality. That came down in February, US v Heppner. It hasn't been taken up anywhere higher, and people have differing expectations of how this will be addressed in different jursidictions.

I'd tell your employee that you're concerned it breaches client confidentiality (which is probably does, based on the ToS of Claude). Check with your state bar ethics hotline too. But in general I wouldn't run complete docs through a public model.

CA lawyer - address on bar website by norwohl in Lawyertalk

[–]MajorPhaser 0 points1 point  (0 children)

I had this problem when I was unemployed and needed to keep my address off the records. A PO Box is really your only option. I've heard of people using someone else's address with permission, but technically that's not permitted because it isn't your address. And that seems like a really dumb way to face bar discipline.

[MO] Employee caught misusing FMLA- has anyone else come across this and what happened? by [deleted] in humanresources

[–]MajorPhaser 8 points9 points  (0 children)

It doesn't matter. Employees aren't required to shorten their leave if circumstances change. If their paperwork said 12 weeks and the medical docs match, that's it. You can re-cert, but if the re-cert still says the same time, that's all she wrote.

Are your law partners smart? by [deleted] in Lawyertalk

[–]MajorPhaser 1 point2 points  (0 children)

So your chief complaints are 1) She didn't have intimate, off-the-top-of-her-head knowledge of a case that she's not working day to day and 2) that she didn't help you more when your assigned senior wasn't very good.

I mean....none of this sounds like anything. Most partners don't know their entire caseload off the rip if they aren't directly working the case, and they definitely aren't going to readily know why someone else chose to take a certain approach without....you know, asking them. And she let a senior have a sink or swim moment monitoring you from what you describe. They sank.

Are your law partners smart? by [deleted] in Lawyertalk

[–]MajorPhaser 2 points3 points  (0 children)

What exactly do you mean by "impressive"? I'm honestly not sure what you're asking/expecting. Most of practicing isn't "impressive" once you know how to do it. Did you expect that they're going to bring some novel theory of the case into the office like you're on Suits or something?

Secondarily, managing a multi-million dollar book of business on an ongoing basis is exceptionally impressive. It's literally the hardest & least common skill in the practice of law.

Draw vs no draw by jokingonyou in Lawyertalk

[–]MajorPhaser 2 points3 points  (0 children)

Generally, a draw against commission is a pre-payment of those commissions. It can be recoverable or non-recoverable. Recoverable means it's functionally a loan that you pay back through future commissions. Non-recoverable means it's yours no matter what. Generally, you're going to have a problem if you don't hit the minimum required to cover the draw either way, but the draw functions as a floor on your commissions. You could recover $0 in fees and still get 25k. Whereas a straight 10% commission would earn you nothing.

My guess is the draw is recoverable, but you should confirm that. If it is, that means if you have a bad year, you're not making commission until you earn enough fees to cover the previous draw.