On the Law

Former Baseball Players Suing for Minor League Pay “Violations” – How Silly

Here we go again. Like the cheerleaders suing the Buffalo Bills, now we have former minor league baseball players claiming they were underpaid and seeking to use the force of the government to get something for nothing.

Here’s the argument made by former baseball player (and now lawyer) Garret Broshuis:

  1. I played professional baseball in the minor leagues
  2. Even though I knew the deal going in (long days, bus rides to far flung cities, low pay) and was freely willing to take that deal instead of using my gifts and talents on a better paying, easier job, I’m now going to go back in time and sue for back wages.
  3. We only got paid between $1,100 – $2,150 per month when we were playing.
  4. We don’t get paid overtime
  5. Major League Baseball owes some sort of “obligation” to pay more.

Here’s the essence of the story from the Wall Street Journal

Early in the 2009 season, Mr. Broshis said he realized he was unlikely to make it as a major-league pitcher, so while in law school he started researching ways to boost pay and decided on a lawsuit

These “you don’t pay me enough” lawsuits are crazy. If you don’t like your employment conditions then work someplace else OR make yourself more valuable to  your employer. That is what liberty is all about: your freedom to act in the manner that you believe is most beneficial to you, without your use of force against another.

Successful people make their own lives.

 

Why long term disability claims can be so hard – what is objective medical evidence?

Ever tried to actually get paid from your employer’s long term disability policy?

Pretty hard, isn’t it?

Most of these policies are a sham   – virtually worthless.

Here’s a summary of a recent case where the long term disability company insisted on “objective medical evidence” but, at trial, could not explain what that meant!

Then they paid $10,000 to bring a doctor to court to try to explain.

The summary of the shell game is here.

The testimony of the insurance adjuster for Madison National Life Insurance Company who couldn’t explain is here

The cross examination of the $10,000 doctor who tried to explain (but got befuddled) is here.

 

Lawyer Referral Services – A Good Way to Find an Attorney?

There are two different types of “lawyer referral services available to consumers today.

The first is one run by a local or state bar. These are usually not-for profit. Lawyers generally pay a small fee to be listed and attorneys are “referred” to you based on a rotation. You may pay a small fee for an initial consultation. That fee generally funds the local service.

This type of referral service is not bad but you really have no way of knowing whether the attorney who is “next up” actually has any experience with the type of case you have.

The second type of the for profit websites that are made to appear like “lawyer referral” services. They typically boast of “hand-selected” attorneys who are experienced.

The truth is that most of these services are nothing more than advertising ventures. Lawyers pay a fee to be “the exclusive” attorney in an area.

I get email almost every day asking me to pay to be listed on these sites.

I’ve got some more detailed information about lawyer referral services here.

Free, Easy to Use Resources for Car Accident Victims in Virginia

Here are some free places you can go to get information about an accident claim before talking to the adjuster or hiring an attorney

TheAccidentBook.com  and fill out a simple form.

LegalAcademyVideos.com to view  a library of hundreds of self-help informational videos about accident cases

GetItSettled.com  to see how you may be able to settle your case WITHOUT an attorney.

 9QuestionsToAsk.com -  This provocative and controversial short video will help you find the right attorney for your case. A local Fairfax attorney threatened to “report” us for this video!

 

Don’t Settle Your Case Right After the Accident Happens

Met with a potential client recently. He had been rear ended by a guy who was probably drunk last November. He still has ongoing neck pain and need steroid injections and may need a surgery.

What’s interesting is the approach the Nationwide Insurance Company adjuster took with the case.

Within days of the accident and after the guy who was hit told Nationwide that he was on narcotic pain medication, they mailed him an offer to settle his case for $2,500.00.

Having read my free accident book, he declined.

Here are the reasons that you never want to settle your accident case within days of an accident:

Once you settled your case your claim is over. No going back if, like this guy, you needs months of medical care and probably a surgery.
There is no way to accurately value your case. The defendant may have been drunk. In Virginia a drunk driver can be subject to a punitive damages claim.

Nationwide will NEVER tell you that out of the settlement you may need to repay your own health insurance company. Thus, if the medical bills mount after “settling” your case, you may end up with nothing.

I thought the insurance companies had stopped this nonsense, but I guess not.

 

I don’t want to do what you hired me to do – So I’ll sue you.

Here’s another crazy lawsuit that really turns the employer – employee relationship on its head.

Remember, when you work for someone that means that you have voluntarily agreed to the terms of engagement. If you don’t like:

  1. the hours
  2. the pay
  3. the benefits
  4. what you have to do

then it is your moral duty to yourself (and to you family, if you support one) to find another job.

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