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anotherwynndealer |
April 7th hearing |
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Just wondering what the lawyers feelings were after the hearing yesterday. Anyone have any views on what took place yesterday?
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G money |
#1 | |||
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Yes I do. The lawyers did exactly what they were supposed to do. Botch the case.
For instance. When Justice Michael Douglas asked Greenberg if the dealers were at-will employees, which would allow the casino to modify its hiring agreements, the
attorney said the resort should have terminated all employees and asked them to reapply for their jobs if it wanted to change the employment agreements.
Rather than questioning the courts on how employers can modify their employment agreements to the point of violating state law, Mr Greenberg suggested that Wynn should have terminated his employees so he could violate state law. Instead of asking the Justice Douglas if he realized that Nevada is one of six western States that recognize the three major exception to employment at-will, he played along with Justice Douglas's suggestion that in all cases Nevada's at-will doctrine would allow employers to change their employment agreements even if they violate public policy. All I can say is that Nevada has three exceptions to at-will employment and neither the judge nor the lawyer supposedly representing the Wynn dealers brought up this point. Why? Why did both the judge and the lawyer representing the Wynn dealers neglect to bring up the fact that Nevada recognizes three exceptions to at-will employment. Are they in cohoots? Please now let me explain a little about these three exceptions to At-Will Employment which Justice Douglas and Leon Greenburg both pretended did not exist. This article focuses on the three major exceptions to the employment-at-will doctrine, as developed in common law, including recognition of these exceptions in the 50 States. The exceptions principally address terminations that, although they technically comply with the employment-at-will requirements, do not seem just. The most widespread exception prevents terminations for reasons that violate a State's public policy. Another widely recognized exception prohibits terminations after an implied contract for employment has been established; such a contract can be created through employer representations of continued employment, in the form of either oral assurances or expectations created by employer handbooks, policies, or other written assurances. Finally, a minority of States has read an implied covenant of good faith and fair dealing into the employment relationship. The good-faith covenant has been interpreted in different ways, from meaning that terminations must be for cause to meaning that terminations cannot be made in bad faith or with malice intended. Only six western States-Alaska, California, Idaho, Nevada, Utah, and Wyoming-recognize all three of the major exceptions. Public policy exception.
AC 608.160 Withholding of amounts from wages due. (NRS 607.160, 608.110)
While the courts of Nevada have suggested that state laws do not prohibit employers from mandating tip pooling as a condition of employment,
what they have overlooked is the fact that such conditions of employment require blanket authorizations which are prohibitted by state law.
Where is that voluntary authorization, required in wrting and required by law when employers are allowed to mandate undefined and unlimited tip pooling deductions as a condition of employment?
Last Edited By: G money 04/08/08 12:24.
Edited 4 times.
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G money |
#2 | |||
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The majority view among States is that public policy may be found in either a State constitution, statute, or administrative rule.
Last Edited By: G money 04/08/08 11:13.
Edited 1 time.
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G money |
#3 | |||
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Last Edited By: G money 04/08/08 01:28.
Edited 1 time.
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samiamiam |
#4 | |||
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Today's RJ Business section:
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dice man 34 |
#5 | |||
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after reading this it doses not look good for us ......
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newwynndealer |
dog | #6 | ||
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who brought that ugly dog?
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kenodave |
dog | #7 | ||
newwynndealer wrote: That's our illustrious Mayor after a few drinks. Amazing how a few drinks can alter ones appearances to others. |
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G money |
#8 | |||
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Listen to the hearing.
Why did Mr. Greenburg neglect to bring up the fact that the meaning of the word "take" is at the heart of this issue?
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wynnaccount |
#9 | |||
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"Their strongest evidence was the Amicus Brief, submitted by Don Mello which condemned the Moen ruling and yet not one word was mentioned at the
hearing"
Once again you have displayed your ignorance of the law, litigation procedure and your twofaced attitude concerning the amicus brief. An amicus brief is a submission to the court by a party, having direct knowledge of the subject matter being litigated and who is not affiliated with either plaintiff or defendant in an effort to clarify, in this case, the intent of NRS 608.160 (1971). Since the brief is advice for the court, there would not be any discussion of it at the hearing by either Plaintiff or Defendant. As I remember, you are on record opposing the amicus brief and calling Don Mello a "LIAR" because the new law did not include a keep your own provisions.
Last Edited By: wynnaccount 04/09/08 11:40.
Edited 2 times.
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ziggy |
amicus brief | #10 | ||
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i would like to read the amicus b. does anyone know where i can see a copy?
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