LC 3208.3(1) (California)

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Re: LC 3208.3(1) (California)

Postby jpod on Thu Oct 18, 2018 12:33 pm

It sounds like there are two instances of unwanted touching... ...that is two claims not one.

there could be civil claims as well....against both the batterer and the employer if HR was informed and did nothing...
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Re: LC 3208.3(1) (California)

Postby vampireinthenight on Thu Oct 18, 2018 12:51 pm

DA argued that since the sexual assaults occurred on more than one occasions, IW could not prove BOTH sudden and extraordinary.


This is nonsensical. Of course there can be two sudden and extraordinary events. The more logical argument he/she is trying to make is that they cannot both be the predominant cause. Which is meaningless in this case because it is a violent act and you only need 35-40%.

Hang on, what subsection are you asking about, subsection (e)(1)? As in a post-term claim?
Or subsection (d), 6-month rule?

Your title says 3208.3(1), which doesn't exist. If you mean (e)(1), it wouldn't apply because he wasn't terminated. Further you would have subsection (e)(4) to rely upon.
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Re: LC 3208.3(1) (California)

Postby carmen@npnlaw on Thu Oct 18, 2018 2:53 pm

IW quit and filed his DWC-1 that same day. Quit after supervisor spray painted (red) his butt while he was bent over working. IW has pictures.
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Re: LC 3208.3(1) (California)

Postby vampireinthenight on Fri Oct 19, 2018 7:46 am

Oh wow, these are adults? I think you'll be fine, just argue along the lines of my last post.
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Re: LC 3208.3(1) (California)

Postby carmen@npnlaw on Fri Oct 19, 2018 7:54 am

Thank you so much. Really APPRECIATE all replies.
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Re: LC 3208.3(1) (California)

Postby jpod on Fri Oct 19, 2018 11:03 am

more like juveniles in adult clothing.......
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Re: LC 3208.3(1) (California)

Postby ozzie on Sun Oct 21, 2018 6:46 pm

I'm in agreement with the posts; DA has a lot of moxie coming up with those arguments. In my mind, this is a certain loser of a case for the defense.

I would also want to talk to a civil lit employment law attorney regarding civil suits. I may be wrong, but I sense big bucks against the employer that let this go on.
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Re: LC 3208.3(1) (California) (California) (California)

Postby carmen@npnlaw on Mon Oct 22, 2018 3:40 pm

oops... wrong thread :o
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