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Old 12-20-06, 07:27   #49 (permalink)
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Re: any lawyers on this forum?

This whole thing is much to do about nothing. Yeah you got your feelings hurt for something you didn't say verbally, but you didn't commit a crime of any sort. You don't need a lawyer to tell you.

Hopefully the 3 guys who you gave gifts to will help clear your name, but given job security they may be reluctant. Or they'll talk to the manager privately and defend your character.

Chalk it up to a bizarre incident, nothing more. No need to worry. There is no case against you for anything. Move to a different store.

By the way, go with NetFlix.

Man, I would have such a case at my job! A few of the Latin women I work with call me "Little Pompis" and give a little squeeze in the rear now and again. If I didn't enjoy, I'd sue! LOL!
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Old 08-25-07, 06:11   #50 (permalink)
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Re: any lawyers on this forum?

Im in law school for what this is worth..

Even if it were true there is no sexual harassment b/c you dont work for blockbuster or with the female clerk.

If it were true she may have a case for battery (an act with the intent to cause a contact which is harmful or offensive, causing a harmful or offensive contact) / assault (an act with the intent to cause a contact which is harmful or offensive, causing the apprehension of harmful or offensive contact)

Your claims against the store..

Intentional Infliction of Emotional Distress
- an extreme or outrageous act
- with the intent to cause severe emotional distress
- causing
- severe emotional distress
- damages
- there is no extreme or outrageous act and you dont have the right kind of damages

Negligent infliction of emotional distress - same as above, damages are even harder to prove

Slander - here is the best shot b/c she has published (verbally) a false statement which has caused harm to your reputation. However, you cant really prove damages

Advice: you could seek a lawyer but you probably wouldnt get much/ its not economically worth it since damages would be so hard to prove. However you could sue the manager and Blockbuster (under respondeat superior)

*********DISCLAIMER**********
I am NOT A LAWYER, YOU SHOULD CONSULT A LAWYER IMMEDIATELY IF YOU INTEND TO PURSUE ANY ACTION DUE TO STATUTE OF LIMITATIONS CONCERNS WHICH COULD CAUSE YOUR CLAIM TO BE FORECLOSED IF NOT BROUGHT WITHIN THE TIME REQUIRED BY LAW. MY ADVICE DOES NOT MEAN I INTEND TO REPRESENT YOU AS A CLIENT WHICH WOULD BE IMPOSSIBLE SINCE I AM NOT A LAWYER AND NOT A MEMBER OF ANY STATE BAR ASSOCIATION.
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Old 08-25-07, 10:45   #51 (permalink)
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Re: any lawyers on this forum?

Things are moving along. BB is not taking it lightly and we do have a good layer.
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Old 08-26-07, 09:48   #52 (permalink)
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Re: any lawyers on this forum?

Quote:
Originally Posted by tdekany
Things are moving along. BB is not taking it lightly and we do have a good layer.
You actually perused this further? You just going to leave us hanging or provide more details?
 
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Old 08-26-07, 08:05   #53 (permalink)
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Re: any lawyers on this forum?

Quote:
Originally Posted by WilliamHBonney
You actually perused this further? You just going to leave us hanging or provide more details?
Yes please...more details! I am sure your lawyer doesnt want you saying much about the case but I would love an update.
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Old 09-11-07, 05:13   #54 (permalink)
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Re: any lawyers on this forum?

Quote:
Originally Posted by tdekany
No - since there are witnesses, it has to be someone else.

FYI, all the girls are butches. Strange but true.

I smell defamation of charater or assasination! I dealt with this before and let say if I hear my name through the grape vine anytime soon ...I will be filing for damages!
 
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Old 09-11-07, 05:21   #55 (permalink)
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Re: any lawyers on this forum?

Quote:
Originally Posted by jsatek
WOW - sounds familiar to me. I had this happen in my dealership. But it was between a parts guy and a billing clerk. The billing clerk was looking for "early retirement".

I'd get a local lawyer and go after the ignorant manager with a civil suit for publically accusing you of being a sex offender. (Defamation of character, libel) Then I would have the lawyer grab the girl and get her to identify you and put a time and date to the offense. Now you can subpoena the store for the video camera recordings. Dont mention it sooner, these low life people can claim they are on a 7 day cycle and are erased weekly.

If you did it, you didnt commit a felony, so who cares?
If you didnt do it, make these Jerry Springer watching hicks pay for the rest of their lives.


Quote:
Originally Posted by Danase
One thing it might do is get the manager fired. The manager is in a position where she should know not to publicly accuse someone without being 110% sure. Just because some clerk said so doesn't make it true. I would be beyond ticked if I was publicly accused of something like this. For one, not only could it hurt your rep. but word spreads fast and it could end up hurting you more in the long run. If you had a business detailing who is going to want to bring their cars to someone they think is a pervert? You don't want someone like that in your neighborhood spreading rumors about you that are not true.


Quote:
Originally Posted by Glowin97x
Im in law school for what this is worth..

Even if it were true there is no sexual harassment b/c you dont work for blockbuster or with the female clerk.

If it were true she may have a case for battery (an act with the intent to cause a contact which is harmful or offensive, causing a harmful or offensive contact) / assault (an act with the intent to cause a contact which is harmful or offensive, causing the apprehension of harmful or offensive contact)

Your claims against the store..

Intentional Infliction of Emotional Distress
- an extreme or outrageous act
- with the intent to cause severe emotional distress
- causing
- severe emotional distress
- damages
- there is no extreme or outrageous act and you dont have the right kind of damages

Negligent infliction of emotional distress - same as above, damages are even harder to prove

Slander - here is the best shot b/c she has published (verbally) a false statement which has caused harm to your reputation. However, you cant really prove damages

Advice: you could seek a lawyer but you probably wouldnt get much/ its not economically worth it since damages would be so hard to prove. However you could sue the manager and Blockbuster (under respondeat superior)

*********DISCLAIMER**********
I am NOT A LAWYER, YOU SHOULD CONSULT A LAWYER IMMEDIATELY IF YOU INTEND TO PURSUE ANY ACTION DUE TO STATUTE OF LIMITATIONS CONCERNS WHICH COULD CAUSE YOUR CLAIM TO BE FORECLOSED IF NOT BROUGHT WITHIN THE TIME REQUIRED BY LAW. MY ADVICE DOES NOT MEAN I INTEND TO REPRESENT YOU AS A CLIENT WHICH WOULD BE IMPOSSIBLE SINCE I AM NOT A LAWYER AND NOT A MEMBER OF ANY STATE BAR ASSOCIATION.

All this words of wisdom!! I love this board!!
 
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Old 12-27-07, 12:06   #56 (permalink)
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Re: any lawyers on this forum?

Well, I guess its my turn
As a past Criminal Justice major at VCU, security member in the military, and an dedicated watcher of Judge Judy and Judge Mathis, I would like to say that you curtainly do have a case, although its not worth it to get a lawyer in this case. Take it to small claims. Your reputation was not damaged although you character was unjustly scrutined in public (which in this case is illegal). For such a matter you more then likely will get no more then $1000 in damages. I would sue the manager, and the girl JOINTLY, not Blockbuster. Lets face it, NOWADAYS, you might accually win against them and get paid a billion zillion dollars but the company is not at fault, just the manager and the girl. So I would only go after them.
Also, ask corporate for the tapes. If they say no, then you might want to through them in the pot to and then see if they will produce the tapes.

On another note, I'm a little disappointed in some AUTOPIANS after reading this whole thread b/c people are protesting a member asking for advice and claiming that this site is strictly about detailing. First off, you seen the title, so you shouldn't have even come in. Second, this is "Detailing the Man" forum, look around, there isnt too much on polishes and waxes in this forum. So go back to the "Machine Polishing" forum and if you see the same thread then say something.

Peace - Mr. Vic
 
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