Wednesday, January 9, 2008

RE: [BDSM-LegalIssues] Re: Arrested, ALL charges dismissed, career ruined WAS: You did, didn't you,

> -----Original Message-----
> From: cadenas_sd
> Sent: Tuesday, January 08, 2008 10:59 PM

> > Your problem is that you don't understand the difference
> >between the
> > Canadian (and Australian and UK and most other places) litigation
> > system and the US one.
>
> a) This has nothing to do with the topic AT ALL.

Don't be silly. It's (part of) the root of the problem. If you could be
bothered to try suggest a solution that protects BOTH the employer and the
employee, in particular from things like hostile workplace lawsuits, your
position might gain some traction -- although you'd still be stuck with
trying to justify any adverse publicity and loss of business from retaining
the employee...

> b) This is a canard that corporatist ideologues keep
> spreading. The reality is that such awards are exceedingly
> rare, even in cases that involve extreme wrongdoing and
> physical injuries. The first, and still one of the main,
> cases in this area was the Ford Pinto, where people actually
> died because the car's design was dangerous, AND Ford knew about it.

Sorry, dude. The fact that the Canadian litigation landscape is radically
different from ours is no "canard", it's the essence of the reason why you
can't IN ALL FAIRNESS TO EVERYONE simply adopt the BC statute. Of course,
you've demonstrated that you don't really care about _fairness_ to the
employer, only the employee...

[ Snip ]

> Simple: most other countries (I don't know about Canada)
> impose multimillion dollar fines for comparable wrongdoing.
> The US simply chose to allow the injured individual to assess
> this fine. Financially for the company, there is not much difference.

LOL! If you think there's "not much difference" between fines assessed by a
judge and jury awards, you need to get out more.

> The claim that such lawsuits are a major issue is just a
> canard by corporatists who want to escape any accountability
> for their actions.

To paraphrase, it's an issue you can't or won't address, so you'll pretend
that it doesn't exist!

For the fourth (I think) time, suggest a solution that would protect the
interests of the employee and the employer!

Malc.

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