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Please could anyone answer this question?
1. Do the Court in USA work in weekends?
A friend told me, that he had heard about a company that would like to
cancel
a contract with an employe on Friday and the day after, on Saturday, he and
the
employe had the first meeting in the Court. They did not come to an
agreement
and they then meet again in the Court on Sunday ...
Could that be true ? ...
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Courts don't work weekends. There could be rare exceptions. When
there is some good reason, a judge could convene a weekend
hearing. Like if it's critical to the case that the jury view the
passing of a comet or something. And I suppose there could be
overloaded courts where an arraignment court regularly works
Saturdays, but I have never heard of that actually happening.
McGyver
Please could anyone answer this question?
1. Do the Court in USA work in weekends?
A friend told me, that he had heard about a company that would
like to
cancel
a contract with an employe on Friday and the day after, on
Saturday, he and
the
employe had the first meeting in the Court. They did not come to
an
agreement
and they then meet again in the Court on Sunday ...
Could that be true ? ...
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On Tue, 27 Jul 2004, "Sally" <sally@besked.com> wrote:
Do the Court in USA work in weekends?
Not as a general matter.
Customary hours for U.S. state and federal courts of operation are
prescribed by jursidiction specific statute or rule -- most commonly
for civil matters, between 9 a.m. and 5 p.m. on week-days that are not
holidays in the jursdiction.
Depending on the location of the court and especially in some larger
cities, criminal law related functions (e.g., arraingments,
bail-setting) might be performed on a 24-hour/7-day basis.
Some judges in some (especially lower state) courts in some places do
not work a full day.
Other judges in some courts work very long hours, including before and
after otherwise applicable general closing time for the courts, and
some of these might schedule a conference or even a hearing including
or a continued trial date in an on-going trial for a week-end if there
is good cause for so doing.
A friend told me, that he had heard about a company
that would like to cancel a contract with an employe on
Friday and the day after, on Saturday, he and the
employe had the first meeting in the Court. They did not
come to an agreement and they then meet again in the
Court on Sunday ... Could that be true ? ...
Yes. But "Could,etc.?" is a very different matter from whether a
Sat.-Sun. conference and hearing would be common. Still, it is
possible that the employee in question and his or her lawyer might
have anticipated a discharge and, depending on the facts of the
relationship, might have also had the foresight or, anyway, ability to
have drafted a summons and complaint and also a motion for a
preliminary injunction to prohibit the discharge including whatever is
that court's version of an order to show cause with a temporary
restraining to such effect, to have found a judge before the end of
the day Fri. (or Fri. night or Sat. a.m.) who signed that temporary
restraining order or otherwise was able to direct an immediate hearing
if the defendant and defense counsel were findable (and, perhaps,
amenable), e.g., in the judge's chambers at the courthouse on a
Saturday morning, and that, when the parties appeared, the the judge
then tried to resolve the matter with a conference, which, though not
completed that day, the judge may have decided to continue and try to
conclude the following day.
Many judges and well-experienced litigators have "war stories" of
temporary restraining order requests heard and determined at least in
initial but sometimes important part in late night or very early
moring hours and on week-ends.
Comparable civil-law scenarios might involve disputed termination of a
valuable business franchise, the eviction of a business or residential
tenant from leased premises but in circumstances the tenant might be
able to show very probably are clearly unlawful, a dispute about
whether self-help to remove a valuable painting or other valuable
thing from its custodian is lawful or a theft, whether to grant/deny
an abortion requested by or on behalf of a minor or whether to do or
to withhold some other disputed surgical or other medical procedure,
etc.
But for the most part, since most civil law disputes usually come down
to determining little more than whether D should pay or should be
insulated from paying P a disputed sum of money, or the like, and
since the hearing and determination of other sorts of disputes can
usually be deferred at least over a weekend, a "Yes" answer to your
"Could that be true?" question as applied to a garden-variety
employer-employee dispute would be very unusual (or, maybe, the story
you were told is materially incomplete?).
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This is what I have been told about the case right now:
About 2 weeks ago she was hired as Sales Manager.
Now its turned out that she was not the right person for this job.
The Company offered her 1 million dollars to accept the canceling of her
contract.
She said no, and then she were offered 10 million dollars. She still said
no!
The employer then told her that he would go to law - that was Friday. And on
Saturday they had the first meeting in the court.On this first meeting she
also
charge the employer for rape. And now they had to make a DNA-analysis which
will take about 2-4 days ... (normaly it takes 2-3 weeks)!!
The company should now have closed for a week and if the result from the
DNA-
analysis is positive and the case go to the higest court, my friend told me,
that
the company had to close down for 2-3 month because the case had to be
investigated.
At first, I can't believe that a person could say NO to 10 million dollars
for
giving up a job. And would a company realy pay so much for having a contract
canceled?
That a company had to close down for months because of such a case.
I don't believe it ... or is that ordinary procedure?
And where do I now these things from ... A sales director from that company
should have told it to a good friend of mine.
My opinion is that such information is very confidential and that a sales
director don't have the right to tell it to anyone.
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Sally,
Perhaps someone is pulling someone's leg.
Dave M.
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In article <BOQNc.786$Jp6.66@newsread3.news.atl.earthlink.net>, marte005
@earthlink.net says...
Sally,
Perhaps someone is pulling someone's leg.
Dave M.
I agree with you. But my friend believe that it's true.
That's why I try to get some answer from people who know something
abourt ordinary procedures in larger companies - how the rules are
for hire and notice people. And to tell me if I write/tell something
that could (almost) not have taken place.
Maybe my friend believes it because this "company" has "offered" him
a job as sales manager and he wants it very much - just to be able
to get a job in another country. But every time he's close to go
abroad somethings happen and he has to stay ...
He has never met the people from that "company" - only
spoken to them (2 persons) on the phone and he has not got their
phonenumber so he can't phone them.
In the beginning he should have talked to a secretary from that
"company" but later it turned out that this secretary actually
was a Sales Manager. It's almost this woman he is talking to.
The "company" want an employee that talk nice to a secretary ...
it was one of the tests ...
I have other information but it's maybe not the right group I'm
writing to.
It's a strange situation and I feel helplessness because I need
realy good argumentation if I want to tell my friend that
somebody is probably fooling him ... I need some good pieces of
evidence.
Sally
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On Thu, 29 Jul 2004 , Sally <sally@besked.com> wrote:
I try to get some answer . . . abourt ordinary
procedures in larger companies - how the rules
are for hire and notice people.
Whether in general U.S. courts work in the weekend or some particular
court somewhere in some unusual case held a hearing or conducted a
conference during a weekend would not tell you or your friend anything
helpful about ordinary hiring and firing procedures in larger U.S.
companies let alone about whatever is the specific company of interest
to your friend.
[T]his "company" has "offered" him a job as sales
manager and he wants it very much - just to be able
to get a job in another country. But every time he's
close to go abroad somethings happen and he has to
stay ... He has never met the people from that
"company" - only spoken to them (2 persons) on the
phone and he has not got their phonenumber so he
can't phone them. * * * I have other information
but it's maybe not the right group I'm writing to.
* * * I feel helplessness because I need realy
good argumentation if I want to tell my friend that
somebody is probably fooling him ... I need some good
pieces of evidence.
A reader might have guessed from your question beginning this thread
that you were posting from outside the U.S. and also that the
questions and related issues of most interest to you probably did not
in any immediately important way concern whether courts in the U.S.
work on weekends, but you did not actually make this clear.
Now, you indicate that what primarily interests you is not what often
or just might occur in some litigation in a U.S. court but, instead,
how to evaluate whether an offer of employment to someone outside the
U.S. by some U.S.-based (or is it only apparently U.S. based?)
business is made in good faith and is otherwise sufficiently credible
so that the prospective employee ought accept then act in reliance on
that offer. However, there is also not any way for any one who does
not know what enterprise you refer to or what sorts of possible
employment where concern you, etc., etc. -- in other words, who does
not have any "evidence" whatever about the business or the offer -- to
be able provide your or your friend with "good pieces of evidence"
about what to do
You meanwhile appear to have an adequate grasp at least of the
generalities to the extent likely to be helpful: You use quotation
marks around "business" as if to suggest you suspect that what has
been represented to your friend as a "business" might not actually be
that or, anyway, may not be suffiently well-established to make the
offer to your friend a creidible one; and you also suggest that you
already advised him that you believe one potentially important "piece
of evidence" in this connection to be his not even having the
offeror's telephone number.
If so, however, then what are "ordinary procedures" for "larger
companies" (whose telephone numbers and addresses and past record are
of course easily verifiable) may therefore be mostly irrelevant; but
if not, and especially if the offereror really is a a well-established
company, it should not be unduly burdensome even for someone located
in a country from which relocation to the U.S. is feasiable and whose
first language is not English (though even if perhaps too factually
vague, your English as expressed in your postings is excellent and
therefore certainly understandable) to confirm the underlying facts
about the nature and locations of the business and the probable
credibility in other respects of its offer of employment to your
friend. Anyway, it is those sort of questions, not what possibly can
occur in some unusual lawsuit somewhere, that are the more important
ones in this connection.
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