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Started By
Message
re: Blaine Salamoni appeals his firing
Posted on 4/14/18 at 7:35 am to djangochained
Posted on 4/14/18 at 7:35 am to djangochained
Would be curious to know how much we had already paid for AS to be incarcerated for half of his life (I guesstimate here because his juvenile record is sealed I'm sure) and how much more we would have paid for him to continue to be arrested for 95% of the rest of his life.
0
Posted on 4/14/18 at 8:04 am to BeepNode
quote:
Hell, who is suing and losing?
Look up Jill Craft. She’s made a career out of wrongful termination lawsuits against public entities.
quote:
Show me one time a person in Louisiana (civil service or not) has sued an employer for wrongful termination and got a settlement
You can’t be this dense, can you?
quote:
The kind of ignorant person that thinks they can win a case like that in an at-will employment state
It’s just as ignorant to think the term “at-will” applies to every employment entity in the state. The protocol for firing professors, civil administrators, police, etc. is entirely different than the rules applying to a laborer.
quote:
and no lawyer is going to take that case on a contingency
Wrong.
quote:
There should be court documents that shows the cases were filed even if they were settled.
There are.... if a lawsuit was filed. But settlements are confidential and purposefully off the public record.
quote:
Short of there being a police union employment contract built into a collective bargaining agreement, the civil service board is his only hope and their powers are limited to being able to re-instate him with back pay. That's it.
There is a police union. It collectively bargains for its members. A part of that has to do with the proper protocols and procedures for firing an officer.
Posted on 4/14/18 at 8:34 am to BeepNode
quote:
Show me one time a person in Louisiana (civil service or not) has sued an employer for wrongful termination and got a settlement - where the firing wasn't due to discrimination based on race, gender, nationality, or disability and it wasn't due to whistleblowing. Show me ONE case where the person got paid.
David Blanchard-DHH. Six figures
This post was edited on 4/14/18 at 8:36 am
Posted on 4/14/18 at 8:35 am to logjamming
And boom goes the dynamite.
Posted on 4/14/18 at 8:35 am to logjamming
quote:
You can’t be this dense, can you?
Yet here you are unable to provide evidence of one time a person sued for wrongful termination outside if protected discrimination and whistleblower clauses.
Posted on 4/14/18 at 8:38 am to BeepNode
I mean just google what your looking for. To say it has never happened is pretty dumb
Where’s your evidence tht it hasn’t happened?
Where’s your evidence tht it hasn’t happened?
This post was edited on 4/14/18 at 8:38 am
Posted on 4/14/18 at 8:43 am to lsuconnman
quote:
David Blanchard-DHH. Six figures
He only received back pay. That's my point.
Posted on 4/14/18 at 8:46 am to djangochained
quote:
I mean just google what your looking for. To say it has never happened is pretty dumb
Where’s your evidence tht it hasn’t happened?
I googled. Haven't found anything beyond people getting reinstated with back pay. Have you?
This board believes he will get reinstated with back pay and then sue for millions on top of that. I'm saying that is unprecedented.
Posted on 4/14/18 at 8:53 am to supadave3
quote:
pretty confident that if Salamoni wouldn’t have shown up, none of us would have never even heard the name Alton sterling
Or......if a convicted felon wasn’t out waving a pistol around...........we wouldn’t even be having this conversation. Don’t forgot what put the ball into motion.
Posted on 4/14/18 at 8:54 am to logjamming
Someone correct me if I'm wrong, but I believe if there is a lawsuit and settlement the EBR Metro Council will have to vote on and approve it. I know they do for when people sue City Parish Departments such as BRPD and DPW.
Posted on 4/14/18 at 8:58 am to BeepNode
quote:
This board believes he will get reinstated with back pay and then sue for millions on top of that. I'm saying that is unprecedented.
This is how it was explained to me, IDK if it’s true or not
He is appealing termination & asking for back pay
If he wins he will then resign & can go to any other dept without a termination on his record
If he takes a settlement for wrongful termination then it will still be a termination on his record & he will not be able to get a job with any other dept
He is not trying to make millions off of this, just be able to get the termination off of his record
Posted on 4/14/18 at 8:59 am to CBLSU316
This can't be said enough. While I don't agree with the way the situation was handled at the beginning, if AS wasn't keeping it real and threatening someone while illegally carrying a firearm none of this happens.
Posted on 4/14/18 at 9:00 am to NoSaint
quote:
quote:
believe this is why he was fired. Allowed the BRPD to save face with the black community and opened the door to a multimillion dollar lawsuit. Im sure all this was explained to Salamoni before it happened and his firing came as no surprise to him.
Again, multimillion? What do you think the multiplier is on his annual salary in a suit like that?
Y’all fired me instead of just suspending me! Now give me 50 years pay!
Do you pay attention to how these things seem to play out legally? Its more than his salary that will be brought into question. His lawyers will argue defamation of character, undue hardship on him and his family, emotional damage. Multimillions, while you and I might agree seems excessive, does not seem out of the realm of possibility. Keep in ind this will be a civil suit and rules are much more flexible.
Posted on 4/14/18 at 9:02 am to BeepNode
Well, if the civil service board overturns the firing, he'll get back pay from that decision without actually filing any kind of wrongful termination suit.
If he files a wrongful termination suit, I highly doubt he can offer any proof that:
1. He belongs to a protected class
2. He was fired because of his protected class status
In which case punitive damages are probably off the table. Outside of back pay, at most I suppose he could make a compensatory damages claim for extra duty income and overtime that he was averaging before the termination (naybe a few other miscellaneous categories like the costs incurred by not having a city-parish vehicle, health insurance, or whatever else). But I think a court would be skeptical of these claims, even if it was inclined to agree with the termination being wrongful in general.
If he files a wrongful termination suit, I highly doubt he can offer any proof that:
1. He belongs to a protected class
2. He was fired because of his protected class status
In which case punitive damages are probably off the table. Outside of back pay, at most I suppose he could make a compensatory damages claim for extra duty income and overtime that he was averaging before the termination (naybe a few other miscellaneous categories like the costs incurred by not having a city-parish vehicle, health insurance, or whatever else). But I think a court would be skeptical of these claims, even if it was inclined to agree with the termination being wrongful in general.
Posted on 4/14/18 at 9:03 am to logjamming
quote:
There are.... if a lawsuit was filed. But settlements are confidential and purposefully off the public record.
When a government entity pays someone millions it is most assuredly public record.
Posted on 4/14/18 at 9:06 am to BeepNode
He ain't getting millions
and this will be settled and mayor and her cronies will try to keep it all hush hush, as 2 not piss off her band of fire breathers.
and this will be settled and mayor and her cronies will try to keep it all hush hush, as 2 not piss off her band of fire breathers.
Posted on 4/14/18 at 9:10 am to Saltwatersoul04
quote:
This can't be said enough. While I don't agree with the way the situation was handled at the beginning, if AS wasn't keeping it real and threatening someone while illegally carrying a firearm none of this happens.
I don’t see anywhere in this thread where people were saying that Sterling was blameless. I see people saying that if Salamoni had handled the situation more professionally, there’s a good chance that no one would be dead right now (which is always the preferable outcome).
Posted on 4/14/18 at 9:10 am to SeeeeK
quote:
and this will be settled and mayor and her cronies will try to keep it all hush hush,
Are you saying they will cut Salamoni a check and somehow it will not be public record?
I think you guys are just making things up.
Posted on 4/14/18 at 9:19 am to StupidBinder
But we will never know that. We will also never know what if Salamoni would have handled the situation differently and AS would have shot and killed one of them. Lots of "ifs" could be applied to the situation.
Posted on 4/14/18 at 9:25 am to StupidBinder
quote:
I don’t see anywhere in this thread where people were saying that Sterling was blameless. I see people saying that if Salamoni had handled the situation more professionally, there’s a good chance that no one would be dead right now (which is always the preferable outcome).
Sterling is dead because of his own actions. Even if you believe Salamoni escalated things, Sterling and his supporters have no one to blame but the POS shite that started the mess and pointed a gun at an innocent civilian that asked him for a handout.
Instead, morons glorify a criminal as some ultimate victim and in the process led to the murder of 3 innocent officers and the paralysis of another. Why? Because they wanted to blame racism for a moronic piece of shite getting himself killed. Every single person that blew this shite out of proportion had 4 innocent people’s blood on their hands.
This post was edited on 4/14/18 at 9:27 am
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