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Post  treschic Sat May 29, 2010 1:55 am

I posted this and Miss Thang gave me a sermon says shes a lawyer then locked the thread.
http://www.laborlawtalk.com/showthread.php?t=275476
treschic26 05-25-2010 09:50 PM

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Fired 4 months after DUI Ohio

So I got a DUI in Dec 2009 and notified my job the very next day. Surprisingly, I was told, as long as I could continue transporting kids in my own car, my job would be safe. I got driving privs from the court & continued my job. In April 2010, I as fired. Reason being: the DUI I got in Dec. Everyone knew about it & they used me up for 4 mths before firing me, but I didnt have a wrongful term case. So I filed for unemployment & was denied for 'violating a policy.' Now Im appealing it because the 'policy' was 'violated' 4 mths earlier & I dnt believe thats the real reasn I was let go. The economy's really hurt the agency & they were going to lay someone off anyways-I just had an easy target on my back. In addition, they are not filling my old position. Am I going to be able to win my appeal and if so, any advice?

Alice Dodd 05-25-2010 10:15 PM

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Yeah, don't drink and drive. They don't need a reason to fire you, and they carry too much liability keeping you if you drive for your work.

Betty3 05-25-2010 10:20 PM

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We don't know if you will win your appeal. All you can do is appeal & tell the truth.

treschic26 05-26-2010 05:41 PM

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Well, I won my appeal today! Great news! Basically, since I was able to carry out my job duties and transport kids w/permission from the courts to drive, it was found I was let go unjustifiably. Yes, I know I shouldn't drink & drive, and it won't happen again, but that doesn't give anyone the right to fire me 4 mths later. In addition, I used my own vehicle & have extra full-coverage insurance to do so.

Alice Dodd 05-26-2010 07:16 PM

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Yes, it does give them the right to fire you. Actually, it doesn't because they have that right regardless. If driving children was part of your job, they would be incredibly stupid to let you keep working there. If I were a parent of one of those children, I'd want you fired, or I'd remove my kid from your car and you'd never see them again. You're lucky you're not in jail, where you should be.

Winning unemployment doesn't mean you're firing was illegal. There's a wide gap between what will qualify you for unemployment and what is illegal. Driving drunk is illegal, firing you for it is not.

treschic26 05-26-2010 07:54 PM

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Well, Miss Thang. I guess your reply shows us how much you dont know. I had the reason the determination was reversed explained to me by the unemployment office. There were several reasons it was reversed and one of those reasons was because I would've been let go in Dec, not 4 months later, if I was actually being let go for the DUI. The other hd to do with my court-ordered driving privs. If drinking & driving were so illegal, bars should be closed. You know nothing about the specifics of my job or my DUI so your sarcastic, unintelligent words can be left at the trailor park. Everyone makes mistakes-YOU probably have a criminal record. All I have is a misdemeanor, it happened on my own time, my level was .08 (which was 2 beers on an empty stomach), & I got pulled over cuz the person I drove home was yelling out her window-SHE was drunk, I just had a couple drinks. You probably cant even count on 1 hand, how many times you drove home after a get-together, dinner, or party with alcohol in your system. Witch

Alice Dodd 05-26-2010 08:17 PM

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Sorry, at least in my state, you were legally drunk and driving. I don't drink, and have no criminal record, nor have I ever been arrested. I DO have a law degree from a top 20 law school... and my math is quite good, since I minored in math as an undergrad.

So you got off easy this time, maybe next you'll crash your car, then you'll graduate to killing someone. And YOU are responsible for your behavior, not the bars.
Quote:

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If drinking & driving were so illegal..
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Sounds like you don't take this very seriously, it is VERY illegal. And saying your friend was drunk, but you 'only had a couple of drinks' is total denial. You were legally drunk. I'm surprised the judge didn't suspend your license.

Hopefully you'll learn from this, but from your statements, you're acting like the victim, and not taking any responsiblity for YOUR acts and the fact that you were legally drunk.

treschic26 05-26-2010 08:39 PM

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Yeah-I'm a lawyer and I don't drink either. Give me a break. I fully accept responsiblity for what I did, but do you for making stupid comments when you don't even know the details? There's only so much space to comment on your rudeness...you dont know me, so stop acting like you do. I dont associate w/judgemental hypocrites. Maybe it's time for you to go back to law school...or the bar...Who's really in denial here, Miss Margarita?

cbg 05-27-2010 05:11 AM

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The UI office gets to say who does and does not qualify for unemployment. And that is the ONLY thing they get to decide.

If it is their opinion that since the employer waited four months to fire you, you qualify for unemployment, then it is their right to grant it.

However, the UI office does NOT determine whether a termination was legal or not. That is not their function and they do not have the authority to decide a termination was illegal.

The employer DID have the right to fire you. That was never in dispute. If either you or the UI office thought otherwise, you were wrong.

And if you don't believe the posters here, then go to any attorney you like, and ask them.


Last edited by JoeC (McGruff) on Sat May 29, 2010 3:10 am; edited 1 time in total (Reason for editing : Added link to sham site.)

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Post  JoeC (McGruff) Sat May 29, 2010 3:06 am

That’s strange Alice Dodd was actually one of the better ones, I never had a problem with her, then again I never read all her posts. The Nazi cbg recently held a book burning on LaborLawTalk so my guess is all the regular posters don’t want to end up in the Nazi cbg’s funeral pile. And so they are doing the, monkey-see, monkey-do routine.

That is how that site works, it is too bad Alice decided to follow the leader who sets the tone for the obvious sham site, she even went as far as claiming graduating from one of the top 20 law schools.
That is a page straight out of the Nazi cbg’s hand book throwing around bogus credentials; shame on her.

First lets apply some common sense-if you graduate from one of the top 20 law schools, and spend all that money and go through all the hoops, wouldn't you then take the bar exam and practice law?
If she graduated from one of the top 20 law schools would she put this in her signature?

I am not an attorney, and don't play one on TV. Any information given is a desciption only and should be verified by your attorney.
Another thing that is hilarious these lames go over opposing post with a microscope looking for spelling and grammatical errors and then rub the posters nose in it when their argument is lacking substance. Yet this top 20 law school grad tells us in her signature, that her advice is a “desciption”. What is a “desciption”? I think she means “description”.

Also the fact that; she could not come up with an answer on how to frame your argument for an appeal is telling as well. A first year law school student with just a cursory study of administrative law would have come up with a better answerer than “Yea don’t drink and drive”. That answer is inexcusably lame on a site supposedly there to help employees with legal problems

I think it is safe to say as you pointed out that the law school claim is bogus, no surprise given the site is a sham site.

You hit the nail on the head in your first post and Bravo for appealing the decision. Obviously the employer had to drop the ax on a few employees for the lost work and the economy, so he dropped the ax on the most vulnerable employee’s first, in hope that the U.I office would see that the DUI justified the firing. They gambled you would not appeal (many employees don’t) and they lost rightfully so.

Alice is correct in they can fire you for any reason, but for the purposes of U.I the reason must meet a just cause standard. The employer did not meet that burden and used the DUI as a pretext for the firing, if there was any validity to it they would have fired you after the Judge ruled on the DUI, but they did not, they waited four months until the economy went south, and then tried a fast one.

Employers do this all the time when they have to clean house, they don’t want to raise their experience rating in the process, so they fire the employees they think they can ,and lay the ones off they cant. Fortunately for you did not take the advice of this charlatan.
JoeC (McGruff)


Last edited by JoeC (McGruff) on Tue Jun 01, 2010 2:49 pm; edited 2 times in total
JoeC (McGruff)
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Post  ugotjoke Sun May 30, 2010 1:33 am

Hahha I read the lame post's. You sound like me on your replies. I may have to check out a PTSD site, and when I am well enough I will create my own ... No cry babies allowed. lol

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Post  JoeC (McGruff) Sun May 30, 2010 2:15 am

ugotjoke wrote:Hahha I read the lame post's. You sound like me on your replies. I may have to check out a PTSD site, and when I am well enough I will create my own ... No cry babies allowed. lol
??? Okay feel free to post a new topic here if you like.
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Post  Anonymou Tue Jun 01, 2010 8:23 am

Alice Dodd is only a moderator, and moderators do not have the ability to lock threads.

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Post  JoeC (McGruff) Tue Jun 01, 2010 1:24 pm

Anonymou wrote:Alice Dodd is only a moderator, and moderators do not have the ability to lock threads.
It could have been the Nazi cbg if thats the case. The pattern over there is the same,the site is run by a lame passing herself as authoritative. If you want to post regular you have to agree with her or not post. Like minds attract like minds so you got Alice rubbing the posters nose in the DUI to feel good about herself, at the expense of the poster. The poster fell in the trap because he felt the site was actually there to help workers who were in a jam, with some kind of resemblance of legal advice.

Out of curiosity how do you know moderators can not lock threads at LLT, are you Alice Dodd?
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Post  ugotjoke Fri Jul 16, 2010 4:53 am

Alice Dodd is only a moderator, and moderators do not have the ability to lock threads.
She could be one of the nit wits from that site with that reply.

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