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by Commander Tansin A. Darcos 08/19/2017, 3:26am PDT |
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Now I am pissed. I had an explanation all written out and somehow some key bump jumped to a link on this page and traversed it, destroying what I typed in. Everything was completely wiped and erased. This is the second time I accidentally hit some key or did something that caused a post of mine to be wiped and destroyed, so from now on I will use a text editor app on my computer instead of trusting Firefox not to destroy text boxes.
To Continue:
You can get excused for physical ailments so just tell them You're to FAT to serve wrote:
Getting an excuse of that type requires a doctor's note which means I have to spend money. I'm not trying to get out of Jury Service. What I intend to do is, after I go and they send me the small check I go see an employment lawyer, demand repayment and then sue. Under the rules if an employee is underpaid and files a claim with DLLR, the employer will be imposed a penalty payable to the employee of twice the amount of unpaid wages.
As that Assistant Maryland Attorney with DLLR - whose scanned letter I posted here - is of the opinion that Jury Service does not create an enployee-employer relationship, it's obvious I'll get no help from them.
But, there is a bright side. If an employee sues and wins, they are entitled to court costs, attorney's fees, and three times unpaid wages. I've looked at case law regarding “what is an employee” and the general common law rules have several qualifications that determine if one is or is not an employee, that if all are “no” one isn't, if all are “yes” one is, and otherwise the totality of the circumstances apply. And in this case, Jury Duty gets “yes” on nearly all. This article, a 9 page PDF from the website of the US Bureau of Labor Standards, is relatively interesting reading on the subject of “Who is an employer” and mentions a U.S. Court of Appeals for the Ninth Circuit case, Vizcaino v. Microsoft where Microsoft was found to misclassifying employees as Independent contractors. There is an “economic realities” table in that PDF for detemining Independent Contractor vs. Employee, but here is the table on Common Law status, with an examination of Jury Duty, items on the left favor employee, right favor Independent Contractor.Factors used to determine a worker’s status under the common-law test |
Factor | Worker is an employee if— | Worker is an independent contractor if— |
Right to control | Employer controls details of the work | Worker controls details of the work |
Type of business | Worker is not engaged in business or occupation distinct from employer’s | Worker operates in business that is distinct from employer’s business |
Supervision | Employer supervises worker | Work is done without supervision |
Skill level | Skill level need not be high or unique | Skill level is specialized, is unique, or requires substantial training |
Tools and materials | Employer provides instrumentalities, tools, and location of workplace | Worker provides instrumentalities and tools of workplace and works at a site other than the
employer’s |
Continuing relationship | Worker is employed for extended, continuous period | Worker is employed for specific project or for limited time |
Method of payment | Worker is paid by the hour, or other computation based on time worked | Worker is paid by the project is used to determine pay |
Integration | Work is part of employer’s regular business | Work is not part of employer’s regular business |
Intent | Employer and worker intend to create an employer-employee relationship | Employer and worker do not intend to create an employer-employee relationship |
Employment by more than one firm | Worker provides services only to one employer | Worker provides services to more than one business |
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Jury Duty part 2: The Jury Commissioner's office is stupider than I am! by Commander Tansin A. Darcos 08/04/2017, 3:06pm PDT
Here is my response by Commander Tansin A. Darcos 08/04/2017, 9:52pm PDT
But they don't have a form letter for arriving late NT by Roop 08/05/2017, 3:22am PDT
Roop, you're exactly right, a form letter giving me 20 minutes would have worked NT by Commander Tansin A. Darcos 08/05/2017, 4:55am PDT
Citizen, there's a form letter saying you will arrive by the designated time NT by Roop 08/05/2017, 6:26am PDT
The postponement was probably to grant you time to arrange suitable NT by transportation aka "A you problem". 08/05/2017, 7:06am PDT
No, it is not my problem by Commander Tansin A. Darcos 08/06/2017, 7:55am PDT
Why don't you just call a cab or have a family member or friend provide you NT by with transportation for jury duty? 08/06/2017, 4:41pm PDT
Here's the reasons I'm not using someone to get me to the courthouse by Commander Tansin A. Darcos 08/06/2017, 6:06pm PDT
Sorry, in both examples I should have said 275 pounds NT by Commander Tansin A. Darcos 08/06/2017, 6:07pm PDT
No reason to apologize, and what is your weight so I understand the NT by situation better? 08/07/2017, 5:54am PDT
I can't weigh myself because I'm over 300 & can't stand, but I'm under 400 NT by Commander Tansin A. Darcos 08/07/2017, 6:56am PDT
Couldn't you just ride up to a weigh station? Also, why not ride up to the court by ? You're basically a cyborg with 08/07/2017, 5:51pm PDT
Living the FUTURIST DREAM NT by The Locust's Sinclair C5 08/08/2017, 6:03am PDT
I thought about suggesting that too. AUTOBOTS ROLL OUT NT by Eurotrash 08/09/2017, 1:46pm PDT
Here's a better question: Why is it I should have to make all the sacrifices? by Commander Tansin A. Darcos 08/07/2017, 7:12am PDT
Because they can throw you in jail at gunpoint while the most you can do usually NT by is eat a dick. 08/07/2017, 8:57am PDT
Sure but what incentive have you given? by Mysterio, "Bureau of Reprobates" 08/07/2017, 2:54pm PDT
No, I didn't even mention Metro Access and its fee for a different reason by Commander Tansin A. Darcos 08/08/2017, 3:54am PDT
Another reasons? That was the only reason. This whole thing is all about you and NT by your daily McDonalds ritual. 08/08/2017, 7:39am PDT
I do not visit McDonalds 'daily' it's more like maybe once or twice a month NT by Commander Tansin A. Darcos 08/08/2017, 6:21pm PDT
Yeah, either way I'm sure if the commissioner was handing out mcgriddles at 730 NT by you'd find a way to make it on time 08/08/2017, 6:31pm PDT
Steak, Egg & Cheese Bagels!? PLOT THICKENS by Mysterio, "Cretinous Petty Officer" 08/08/2017, 9:50pm PDT
No, there is no ulterior motive here by Commander Tansin A. Darcos 08/10/2017, 9:25am PDT
Pancakes!? by HOW DARE YOU 08/10/2017, 11:08am PDT
You weigh 2x as much as a normie. Therefore you should make 2x the sacrifice. NT by SCIENCE 08/07/2017, 5:39pm PDT
No,I weigh 2x as much, have twice the problems, I should have 1/2 the sacrifices NT by Commander Tansin A. Darcos 08/08/2017, 3:49am PDT
You caused own problems NT by just lose some weight 08/09/2017, 12:52pm PDT
Hey Fatass Asshole: you don't work. You are paid SSI by the Government. Fuck, by You don't even walk. 08/09/2017, 12:14pm PDT
What does that have to do with the issue here? by Commander Tansin A. Darcos 08/10/2017, 9:43am PDT
Also, Paul is just a fatass, he is by no means an asshole. NT by Diseased brain is also acceptable. 08/11/2017, 6:40am PDT
Think about this for a moment:What if jury duty paid $200 or $300 a day? by Commander Tansin A. Darcos 08/07/2017, 7:25am PDT
There are plenty of people in the US who don't have citizenship, why not let NT by them earn it serving on a jury? 08/07/2017, 12:18pm PDT
Now that's an interesting idea by Commander Tansin A. Darcos 08/08/2017, 3:46am PDT
How could you have "a jury of peers" be composed of non-citizens? NT by Deloreans and Tetris bitches! 08/09/2017, 9:36am PDT
A jury could conist of citizens and non-citizens if it was set up that way by Commander Tansin A. Darcos 08/10/2017, 10:09am PDT
Yeah, but it's not set up that way because that would be retarded. NT by Mayor McCheese 08/10/2017, 6:12pm PDT
Reaching out between the bars of your cage, trying to shove Paul back into his. NT by Expand Yr Mind & Yr Ass Will Etc. 08/10/2017, 6:28pm PDT
Why not just let jurors "phone it in" after getting a synopsis emailed to them? NT by Moksha anyone? 08/11/2017, 5:20pm PDT
Idiot, they don't need to pay that because they can just NT by lock you up 08/09/2017, 12:09pm PDT
That is exactly the point by Commander Tansin A. Darcos 08/10/2017, 9:58am PDT
You can get excused for physical ailments so just tell them NT by You're to FAT to serve 08/10/2017, 11:41am PDT
2fast2serve NT by vrooooOOOOM! 08/11/2017, 7:17am PDT
2fat2serve! NT by fuuuuuuuuuuuuuuuuuuck! 08/11/2017, 10:34am PDT
Mr. Robinson Goes to Washington. "and that NO courthouses open before 10:30am, NT by our mcmuffins are a civil right." 08/11/2017, 4:59pm PDT
On size and other excuses, and "common law" employees by Commander Tansin A. Darcos 08/19/2017, 3:26am PDT
You're not being "employed" by the court, you fat cunt. NT by Go eat a dick. 08/19/2017, 11:25am PDT
Insults? That's all you have? Lame, Lame, Lame NT by Commander Tansin A. Darcos 08/19/2017, 2:06pm PDT
What legal arguments do you have? by Commander Tansin A. Darcos 08/19/2017, 2:18pm PDT
HOLY SHIT the solution has been staring us in the face this whole time by Eurotrash 08/11/2017, 5:29pm PDT
Just write another letter by Mysterio 08/12/2017, 5:38am PDT
Followed by a Correction Letter including musical reference NT by Mysterio, "C&R&T Legal" 08/12/2017, 8:59pm PDT
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