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A Question of Legality Post your legal questions here (general, nothing of a personal nature)

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Old 02-04-2012, 10:03 AM   #31
PhantomofTheOpera
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Quote:
Originally Posted by LBoog View Post
There are really no workplace issues. It's only me and 3 partners albeit we are with a massive firm.

I had her sign a document that we are playing, she consents and is under no duress or pressure of any kind. nothing takes place at or near the office.

Of course Gloria "Bat Fucker" Allred will claim she signed the letter under duress......

I agree with everything y'all have said and certainly boo boo bear...BUT......
And that “document” Vis à Vis is a contract but you don’t see it that way. It creates a formal declaration of your relationship and puts you and your firm in jeopardy in this situation since a timeframe is now established. A question I have is: Why are you on here after 7 years of post-secondary education with a bar license asking a really stupid question like this and then turning your back on the valid and intelligent answers that you have been given?

As for the contract you had the chick sign, you do realize it is worthless don’t you except in the negative? Why that is, is because a) you drafted it, b) you signed it and c) had her sign it instead of having a disinterred third party for your firm do this. Did you consider that is the very thing ‘an abuse of power’ claim would focus on? There are several ways how this could be handled to minimize the potential damage, like walking away from the chica, but doing what you did is not one of them.

You have already been given solid advice but if you can’t control your johnson, at least wait until her internship is over then go fuck her brains out. That way you are in the clear and no litigation can come of this at that time as it relates to your “hypothetically” described scenario as her working as an intern.

But hey, it’s your bar license and your source of income so do as you want, I guess. I have to ask this though: Is seven years of college and the time invested in your lively hood worth a little pussy? I see cases where attorneys are brought before the bar for lesser things. Personally, I think you are being stupid but that is me. Have fun with that fire playing son because you will get burned, trust me. Maybe not this time but once you succeed, you will get arrogant and you will eventually get burned, usually at the worst possible time for YOU.

Since you “hypothetically” admitted to being in Texas, your employer has no hurdles to overcome in terminating your employed services since Texas is an At-Will employment state. Even with a signed work contract, which most attorneys have, trust in that your firm can, and will, find ways to redress this should it become an “item” to the senior partners.
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Old 02-04-2012, 03:12 PM   #32
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I'm a top producer and an independent contractor so if I get sued, fired, I go wherever I want.

The firm would do anything NOT to terminate me.

Yes there are of course massive sexual harassment policies in place.

The letter I had her sign simply states she is engaging in this relationship under no duress.

I am technically not her "boss."

What states are not "at will" states?
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Old 02-04-2012, 03:27 PM   #33
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Stop jerking our chain.
I think Whirlaway is saying LBoog is full of crap. I concur. I think there is no intern and he's an IT nerd in Austin with too much time on his hands.
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Old 02-04-2012, 03:53 PM   #34
Karl Hungus
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Love contracts may help mitigate the legal damages (or not considering this is an unpaid intern in a super-crappy economy with a gigantic "deep pockets" firm), but this situation can still get out of hand in a real hurry.

First, how is this going to play when she comes back wanting a permanent paying job. Or you have to give her a critical evaluation. Or things break off in an awkward way. Not saying it can't work out (especially if she's a good worker and you are hiring), but things can definitely get ugly. Your employer will not appreciate shelling out $$$ to defend you, and I can guarantee that they will not be cool with being deposed (e.g., a day of lost profitability plus legal $$$). Who cares if she can prevail at trial, she can still sue you and cause you a lot of embarassment and legal cost.

More importantly, do you really want to trust your career to a college student? I'm sure there are some great ones out there who can stay discreet and professional, but remember Monica Lewinsky went blabbing to Linda Tripp, who she thought was her BFF. I've been through too many breakups to deceive myself into believing that I can predict how a woman will react. There are situation over which you have no control and a love contract will do nothing to help you (in fact, it is just an admission that you had a relationship with her, but the other posters are right, she will use it against you if it comes to it).

Plus, I hope your employer is cool with you (although a $35-100K legal budget will really test it). If they (or the ones back at the corporate mothership) have a desire to get rid of you, this is the kind of situation that works perfectly. It may be pretext, but no jury in the world is going to give a shit that you were unfairly terminated for diddling the student interns (especially not in Texas).

Plus you are a contractor--i.e. easy to fire regardless of your perceived value (if you were so valuable and indispensible , why haven't you been locked into an employment agreement and non-compete?). And getting on somewhere else may be a little trickier if you can't get a reference. Unless of course you are the former CEO of HP, but then you are so loaded, you can just buy off the intern, but it was still hugely embarassing for him (and he got fired).

Not to say it can't be done, but lots of risk--both legal and professional.
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Old 02-05-2012, 11:52 AM   #35
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Quote:
Originally Posted by acp5762 View Post
Although I agree. I really think to fire two people for having a friendship outside of work the company will have to use Job performance as a final straw to dismiss you even if it's exaggerated. If an affair between two employees is that upsetting to the company, they aren't going to dismiss you on just those grounds. Not this day and age anyway. Employees have to many avenues of recourse.
friendship is one thing.. sexual affair is another.

Its ok to have a beer with a co-worker after work, it is another to then go to the hotel room and leave a trail of clothing starting at the inside of the room door and the next day when the cleaning crew comes by, they find 4+ used condoms.

If the company has a "moral turpitude" clause in your contract or company policy then they can let you both go and you have no real avenue of recourse.

Even if they don't, usually they will let BOTH go because keeping one and firing the other, they run the risk of being sued by the one they fired because it shows a BIAS'ed

Even if you are a KEY employee, bad press of this nature can cause stock to drop and or create distrust among board members.

So unless you are one of the AlphaBet people, getting caught could mean a pink slip .

Read your employment contracts, also are you in an AT WILL state?
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Old 02-05-2012, 12:04 PM   #36
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Quote:
Originally Posted by LBoog View Post
There are really no workplace issues. It's only me and 3 partners albeit we are with a massive firm.

I had her sign a document that we are playing, she consents and is under no duress or pressure of any kind. nothing takes place at or near the office.

Of course Gloria "Bat Fucker" Allred will claim she signed the letter under duress......

I agree with everything y'all have said and certainly boo boo bear...BUT......
And this Document will protect you from a PATERNITY SUIT should she become pregnant if condoms are not used, or she contracts an STD and points the finger at you?

Even better... what if she wants more money... contract or not, she can record a session (think amateur porno) that she can let others see.... now the contract states you are playing, what will your wife think if you are married, and more importantly what will the firm think once they see that you doing this? Integrity means a lot in a law firm.
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Old 02-06-2012, 11:34 AM   #37
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We considered this during our growth spurt about 8 years ago and decided it was silly to ban all fraternization. People will just try to hide it. I can't understand why companies still act like this should never happen. We have an Ombudsman who is an outside attorney. Anyone having any type of relationship with another employee has to disclose this to the Ombudsman. Not disclosing it is automatic termination. If two people work in the same group, either one has to resign or move to another group. Moving to another group is not always possible. A couple of years ago two accountants became involved. Both were single and at the same level. Still, the rules were clear. She left. We gave her 90 days to do it but she was gone within 30. Even if they disclose to the Ombudsman, they do not have to disclose to anyone else. However, if it becomes apparent, which it usually does, they BETTER have the paperwork already filed or both are gone in less than 10 minutes. I didn't know anyone had unpaid interns anymore. Our lawyers will not let us do that. We have to pay minimum wage. We also have a morals clause. Basically anyone married caught having an affair, inside the company or out, gets canned in about 2 minutes. The rationale on that was, if they will cheat on their spouse, how much will they cheat the company out of.

I don't see how her signing a document helps the company or individual. She WILL testify under oath that she signed that document under duress. And in he said/she said cased most often the tie goes to the person in the subordinate position. Plus, she will tell all her friends or a few that her boss is forcing her to have sex and even made her sign something. Then all her friends testify against you. No matter how important you think you are, you can be replaced.
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Old 02-06-2012, 02:38 PM   #38
Waldo P. Emerson-Jones
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A lot of ignorance on this thread. Texas is an at will employment state, which means your employer can fire you for a good reason, a bad reason, or no reason at all. The exceptions would be if you have an employment contract that says otherwise or you fall under some statutory protection (for example, can't fire someone because of their race or gender).

I can't believe any lawyer would be stupid enough to have someone sign an agreement either. That would likely be exhibit number 1 in any suit. Even if there's never litigation, it would look very bad to an employer or spouse and evidences the existence of the relationship.

Best to avoid this altogether, but if you're not, then I don't think there are any magic bullets that can protect you if things go south.
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Old 02-07-2012, 12:57 AM   #39
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Originally Posted by ShysterJon View Post
I think Whirlaway is saying LBoog is full of crap. I concur. I think there is no intern and he's an IT nerd in Austin with too much time on his hands.
Even if in the hypothetical, it presents an interesting issue. Why would anyone, exercising even a little bit of a logical risk vs benefit analysis, consider giving a girl so much power.
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Old 02-07-2012, 01:26 PM   #40
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I think Whirlaway is saying LBoog is full of crap. I concur. I think there is no intern and he's an IT nerd in Austin with too much time on his hands.
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Originally Posted by Legal Tender View Post
Even if in the hypothetical, it presents an interesting issue. Why would anyone, exercising even a little bit of a logical risk vs benefit analysis, consider giving a girl so much power.
It's a real situation ongoing.

There is not much logic used when considering to get one's rocks off.

I have backed off the throttle some.

I may just wait until she no longer interns here in a few months.

I'm white as a lily right now with her. Neither side is pressing anything at this time.

I picked her with the read that she would not be a hand grenade in my face.

We have 4 other interns is what is killing me now.

Legally speaking I am exposed. I have had better ideas than this.

The best advice is to wait until the employment engagement is over than proceed.
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Old 02-07-2012, 01:54 PM   #41
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Quote:
Originally Posted by LBoog View Post
There are really no workplace issues. It's only me and 3 partners albeit we are with a massive firm.

I had her sign a document that we are playing, she consents and is under no duress or pressure of any kind. nothing takes place at or near the office.

Of course Gloria "Bat Fucker" Allred will claim she signed the letter under duress......

I agree with everything y'all have said and certainly boo boo bear...BUT......
If there is an Intern, just leave her alone. She's not interested in you anyway. You're just playing all this up in your head.
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Old 02-07-2012, 04:12 PM   #42
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Quote:
Originally Posted by ShysterJon View Post
I think Whirlaway is saying LBoog is full of crap. I concur. I think there is no intern and he's an IT nerd in Austin with too much time on his hands.
Me thinks this San Antonio IT nerd is offended ...
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Old 02-07-2012, 08:49 PM   #43
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Legally speaking you are in serious jeopardy, just so you know. Think with your big head, not with your little head. Stop making excuses, be smart and stop or take the risk and shut up about it already.

I'm from Texas, if this goes in front of a judge and he has to choose between you and the little crying intern who reminds him of that neighbor girl at church, you are hosed.
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Old 02-08-2012, 10:43 AM   #44
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I think Lboog needs to follow his little head; get a good dose of life experience. Chase that thing and close the deal with her it's a great opportunity to get laid, fulfill a sexual fantasy, and to get some great young ass.

Then apply the lessons to the remaining interns and future interns your company hires.


It worked for both JFK and Clinton.
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Old 02-10-2012, 02:07 PM   #45
hd
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I hypothetically believe pictures would go a long way to satisfy my curiousity as to the merit of this discussion. I will destroy them after viewing, trust me!
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