Wednesday, February 27, 2008

Things You Learn With a Bad Back - Volume 14

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Here I sit again, waiting for my father to get another cardio test. It wasn't as bad on me today since I left work early and got to bed early. Still haven't gotten confirmation from my boss whether it was ok if I left early or not but I could care less. We haven't been talking to each other much. I don't know what the deal is but again I could care less. The rift at this point is incurable and probably my own fault, but I have lost the ability to try.

Last year I had started doing a lot of the purchasing jobs and had hoped it would lead to something better. It looked promising until I started butting up against resistance to it all. Seemed like no matter how small I got the pricing on anything, they demanded more and it became a bit embarrassing to even ask. When the vendors stop talking to you then you know that it had gone on too long and too far. I received an email from one of the vendors that had stopped talking to me when the company's demands got insane requesting more information on what they all had been discussing behind my back ever since they all had stopped including me. I forwarded the email on and said it must have accidentally come to me. I received a curt response and it has been communication purgatory ever since.

To be completely honest, I would have been thrilled to give up the purchasing projects job, because I was getting more and more shit jobs thrust upon me every day. The fact that I was at the breaking point with all of the labor, and at the same time fielding emails and phone calls from vendors constantly was killing me really. It was starting to look like they were trying to kill me, and was making me pissy. it has been obvious though that my on stubbornness to support myself is starting to lose the battle anyway, and have finally accepted that this stone has no more blood. it will only come as a surprise to those that have truly convinced themselves that I am broken and worthless, and will only serves as a beacon to those that have done all that they can to drive me out. the latter won't be shocked in the least if I strike legally and have already shown their ability to lie and act justified, so what do I know.

In lieu of fielding the "legal advice" of everyone individually I shall point out the things that people don't know when they are staring up the beanstalk. First and foremost is to remember that I live in New Hampshire and not "insert other state here" which means that my workers rights are completely different than anyone else’s. New Hampshire is a work at will state and you can be fired for absolutely anything and are not entitled to any rights. You may have rights, but the situations have to be there. Race is a good example, but says age and disability are not. You can fire someone for being too old, if it means they are physically unable to do the job. Now in my case I may be physically unable based on employer neglect as long as I could prove it and they couldn't prove that my job is doable and it is my choices that make it too hard. Should I be able to convince comp that I do have this issue then I would be entitled to worker's comp which is 60 percent here? You also have to take any job that they give you within 5 percent of that 60 percent which means the state could place me in a grocery bagger job making 65 percent of what I had, and they do that here.

Then there is the legal system in general. New Hampshire has no punitive system for damages. That’s what those that dream of suing consider nirvana. It is the punitive pain you inflict by taking a portion of the profits of what injured you. McDonald’s coffee burns you then you sue for 5 percent of their coffee profits punitively. The judge awards 15k in doctors and lawyers fees, 200k in pain and suffering, and 10m in punitive damages. Nobody really understands this so they just say "that person got 10 mil" and it creates a buzz. Person loses a finger in a machine making Dixie cups and gets 500k in punitive damages, big deal. Now imagine a scenario where you can't even get that 500k. On the other side of the coin your pain and suffering can get you more money without punitive damages but it caps at 250k above and beyond pre arranged legal fees (this does not include pro rata) and any and all associated costs. Associated costs have to be rigorously justified so basically you need the 250k to live off of. Heaven knows you will never get another job.

Now onward to the fun of legal fees. Over glorified "pay if you win" fees are thus. If you lose you pay nothing. Now this rarely happens because "doomed" cases will inevitably be settled to avoid bad pr and with that you will have to sign away your ability to pursue the company when the real problems start. lawyers still use the fact that they could be stuck with all of that free legal if they lose, but they have already chosen to deny they can’t win and know they will salvage any of the might not win. For the luxury of this you will give 35 to 50 percent of your settlement and it cannot be included in the "arranged" legal fees. Most attorneys will have it in their contract that taxes and court fees come out of your end. Take the tobacco legislation in Washington for instance. That amounted to a half a trillion dollars and Clinton’s buddies (the lawyers) took 50 percent of every one of those dollars for legal services.

so under a best case scenario, if I were to find one of the soft hearted attorneys who will fight passionately to the end for 35 percent then at best I will have about 4 years salary to show for it. I will also have a lifetime of question marks to consider. It is no easier or more difficult than that. It is a decision I have looked at very seriously in both directions. It may be simply a matter of “scorched earth” for me at this point. Should I get another job, it would be at a much lower salary as I have been proclaimed “medium ability” by the state after the insurance company had forced through ability testing before I was ready for it. After finally getting myself to a point where I felt better the growing stress of the job got me to a point where I feel worse. It’s the 3 kids that make it all so complicated. If it were just me supporting myself then it would be rather simple actually. I would have my torch ready to burn brush, but where there are others surviving on my salary and my salary alone, then it makes some problems that the state will not assist in fixing. Don’t get me started on that. ;8o)

Other Crap This Weirdo Publishes... Mental Notes & Random Musings {Daily Blog} The Crow's Nest {The Homepage of J~ Crow}

Nothing that was printed here was intended to offend anyone, and if it did, screw ya, you begged for it. If you believe that there are some measures that can be taken to change me, then please feel free to pray for me, and while you are at it yourself, because you read this far, and if you hated every minute of it, then you are an idiot, not me, or the other people who like what I have to say! .. Jeremy

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