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To: Vince Ferrer
if the purpose of the action is to avoid the employer's obligations

Good luck proving that. No employer would be dumb enough to admit as much.
4 posted on 05/09/2013 10:14:35 PM PDT by CaspersGh0sts
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To: CaspersGh0sts

This will enable private suits on the issue. Another gold mine for lawyers who do employment litigation. Such a shame.


9 posted on 05/09/2013 10:19:16 PM PDT by Arthurio
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To: CaspersGh0sts

“Good luck proving that. No employer would be dumb enough to admit as much.”

Juries will be allowed to infer that. And, company emails will be killers in this regard. Because companies are doing exactly that for exactly that reason, as Obama expected them to. And there will be emails in most companies discussing exactly that. The penalties are a big part of the financing of Obamacare.


48 posted on 05/09/2013 11:08:52 PM PDT by ModelBreaker
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To: CaspersGh0sts

It will be easy to prove in California. They go after age, sex and race discrimination all the time without any proof of intent.


64 posted on 05/09/2013 11:31:44 PM PDT by Defiant (If there are infinite parallel universes, why Lord, am I living in the one with Obama as President?)
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To: CaspersGh0sts; All

Walmart may not admit doing that, but large numbers of their employees have their hours cut back to the point they no longer qualify for the company’s somewhat limited health benefits.


73 posted on 05/10/2013 1:23:47 AM PDT by gleeaikin
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To: CaspersGh0sts
Good luck proving that. No employer would be dumb enough to admit as much.

The burden of proof is going to be up to the employer........and a nightmare for their HR and legal departments.

A disgruntled employee doesn't have to prove anything, all they need to do is file the complaint with the appropriate agency and let them do the rest.....

83 posted on 05/10/2013 4:11:57 AM PDT by Hot Tabasco (This space for rent)
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To: CaspersGh0sts
Sorry it works the other way. Now, anyone reducing hours is subject to the law and proving that wasn't the reason!

Talk about having the bit in their teeth! These lib gubments are totally out of control!

95 posted on 05/10/2013 5:38:22 AM PDT by cb
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