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re: Gina Carano Sues Disney over firing. Lawsuit Funded by Elon Musk (updated)

Posted on 2/6/24 at 2:31 pm to
Posted by Esquire
Chiraq
Member since Apr 2014
14827 posts
Posted on 2/6/24 at 2:31 pm to
quote:

"At will" employment and "defamation of character" are not the same thing. Unfortunately, our country's defamation statutes are woefully inadequate, so she's playing the only cards she can.


When the alternative is having to make more Ben Shapiro movies, you’ll try anything. After the loss of Carl Weathers, it would be cool to see her back on Mando to fill that void, but I’m not holding my breath.
Posted by TotesMcGotes
New York, New York
Member since Mar 2009
27900 posts
Posted on 2/6/24 at 2:31 pm to
quote:

Just to see if he would take them up on it.

Haven’t been following Elon much lately?
This post was edited on 2/6/24 at 2:33 pm
Posted by imjustafatkid
Alabama
Member since Dec 2011
65900 posts
Posted on 2/6/24 at 2:33 pm to
quote:

OK, but it seems like a defamation complaint is not the same as an employment complaint. How is forcing Disney to recast her a remedy for a defamation complaint?


As a famous person, she has no defamation case. She's playing the cards she's dealt. If an attorney was willing to take up the case, then that must mean there's something in her contract that they believe broken by Disney.
Posted by imjustafatkid
Alabama
Member since Dec 2011
65900 posts
Posted on 2/6/24 at 2:34 pm to
quote:

Haha. So true. A relative of mine got fired by the state of California for being perceived of as an a-hole by his coworkers. Same guy is always going on about how much he loves conservative politics and how lucky I am to live in a conservatie "right to work" state. Now dude is suing state of California for unlawful termination.


You idiots really do not understand what "right to work" means. There is no state where you can just fire people without just cause for any reason you want.
Posted by TotesMcGotes
New York, New York
Member since Mar 2009
27900 posts
Posted on 2/6/24 at 2:36 pm to
quote:

If an attorney was willing to take up the case, then that must mean there's something in her contract that they believe broken by Disney.

Yes, because all attorneys file cases based upon sound arguments and interpretations of law. Nothing to do with the exposure that a case like this will inevitably get.
Posted by imjustafatkid
Alabama
Member since Dec 2011
65900 posts
Posted on 2/6/24 at 2:37 pm to
quote:

Yes, because all attorneys file cases based upon sound arguments and interpretations of law. Nothing to do with the exposure that a case like this will inevitably get.


Most would not willingly take up a case against the Disney company if they don't think they can win.
Posted by imjustafatkid
Alabama
Member since Dec 2011
65900 posts
Posted on 2/6/24 at 2:37 pm to
quote:

For those that really like to watch the world burn, think it'd be pretty funny if someone asked Musk to fund a lawsuit because they got fired for tweeting out brazen pro-Nazi or pro-racism rhetoric.

Just to see if he would take them up on it.


No chance he would take this up.
Posted by TotesMcGotes
New York, New York
Member since Mar 2009
27900 posts
Posted on 2/6/24 at 2:38 pm to
Sure, “most”.

She just needed to find one.
Posted by PurpleandGold Motown
Birmingham, Alabama
Member since Oct 2007
24394 posts
Posted on 2/6/24 at 2:39 pm to
quote:

Yes, because all attorneys file cases based upon sound arguments and interpretations of law. Nothing to do with the exposure that a case like this will inevitably get.


THis isn't some random ambulance chaser. This is a member of Elon's (X's) team of attorneys in charge of vetting these cases before they commit resources to pursuing them.

Does Elon see some advantage in pursuing it because he hates Iger? Sure. But I doubt his attorneys would pursue something that is baseless. Too much potential for embarassment.
Posted by imjustafatkid
Alabama
Member since Dec 2011
65900 posts
Posted on 2/6/24 at 2:40 pm to
quote:

Sure, “most”.

She just needed to find one.


Wishcasting. This is obviously not what happened here.
Posted by Sam Quint
Member since Sep 2022
8908 posts
Posted on 2/6/24 at 2:40 pm to
quote:

You idiots really do not understand what "right to work" means. There is no state where you can just fire people without just cause for any reason you want.

i'll fully own up to being an idiot. can you explain what it means? i honestly dont really know
Posted by lsufan1971
Zachary
Member since Nov 2003
24231 posts
Posted on 2/6/24 at 2:43 pm to
quote:

Can geauxjudge weigh in on how good her case is?


If he has posting privileges in prison.
Posted by lsufan1971
Zachary
Member since Nov 2003
24231 posts
Posted on 2/6/24 at 2:45 pm to
quote:

There is no state where you can just fire people without just cause for any reason you want.


I can fire you for any reason I want. Your separation memo just has to state something legal.
Posted by Broski
Member since Jun 2011
81391 posts
Posted on 2/6/24 at 2:46 pm to
quote:

You idiots really do not understand what "right to work" means. There is no state where you can just fire people without just cause for any reason you want.


A privately-owned company can 100% fire someone if they don't like that person.
Posted by smash williams
San Diego
Member since Apr 2009
21078 posts
Posted on 2/6/24 at 2:46 pm to
quote:

Too much potential for embarassment.
quote:

Elon

Wait, what?
Posted by TotesMcGotes
New York, New York
Member since Mar 2009
27900 posts
Posted on 2/6/24 at 2:49 pm to
quote:

THis isn't some random ambulance chaser. This is a member of Elon's (X's) team of attorneys in charge of vetting these cases before they commit resources to pursuing them.

Shaerr Jaffe is not Elon or X’s team of attorneys. It’s an independent firm who partnered with X specifically to represent people in these types of matters. They’re a relatively small practice.

I don’t know them so I won’t pretend to speak to their competence, but to suggest a firm wouldn’t take cases like this for the publicity is naive.
Posted by SammyTiger
Baton Rouge, LA
Member since Feb 2009
79455 posts
Posted on 2/6/24 at 3:05 pm to
No opinion on the legal aspects of this.

BUT I feel like they should just recast her.

I liked the character.

I didnt like her tweet but it wasn’t that bad.

I feel like disney would rather have her for Mando stuff than not.


Edit: by recast I meant cast Gina again, but I know that means the exact opposite.
This post was edited on 2/6/24 at 7:47 pm
Posted by SUB
Silver Tier TD Premium
Member since Jan 2009
25553 posts
Posted on 2/6/24 at 3:07 pm to
quote:

Some people mistakenly believe that their First Amendment free speech rights extend to the workplace.


Twitter = the workplace?
Posted by Volvagia
Fort Worth
Member since Mar 2006
53481 posts
Posted on 2/6/24 at 3:09 pm to
quote:

I can fire you for any reason I want. Your separation memo just has to state something legal.


Incorrect.

You can fire for any reason you want.

But the given reason (it can be verbal) has to be both legal and accurate.

It’s why employers in at Will states typically try to avoid giving a reason. Because you aren’t required to, and obligations are attached to whatever you say.

If you say something and the employee can prove it’s inaccurate, asymmetric application of policy, or that information was obtained by targeting, they have an excellent case for wrongful termination.

This post was edited on 2/6/24 at 4:39 pm
Posted by Byron Bojangles III
Member since Nov 2012
52308 posts
Posted on 2/6/24 at 3:10 pm to
quote:

Bob Iger pissed off the richest man in the world.
and the richest man in the world will continue to do what he does best. lose in court.
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