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Social Media & Your Job

493533923If you’re actively searching for a job these days, you know how tough it is out there. As more and more people are able to acquire higher education, employers are more choosy than ever. Searching for a job is full time work all by itself, so when you find an opportunity, you hold on for dear life.

But what happens when you find that dream job you’ve been searching for, and your potential employer asks for your social media credentials? (Hint: You call a Montagna Klein Camden attorney for a free legal consultation!)

You’ve probably heard about it happening, and you’ve probably had a strong opinion about it. As social media grows in reach and popularity, more and more people are considering it the best way to get to know others. But when it comes to the workplace, should business and social mix?

It’s generally a good idea to abstain from posting negative or personal comments about your work and co-workers, and it’s a personal decision whether or not you want to accept that friend request from your boss. But after a widespread movement of employers asking current and potential employees for social media log-in information, states have begun taking matters into their own hands.

Most states seem to agree that your profile is personal, and over 20 laws have been passed since 2012, regulating this issue. Virginia state law now states that:

Status: March 23, 2015; Signed by Governor. Chapter 576.
Prohibits an employer from requiring, requesting, or causing a current or prospective employee to disclose the username and password to a the current or prospective employee’s social media account; prohibits an employer from requiring an employee to add an employee, a supervisor, or an administrator to the list or contacts associated with the employee’s social media account or changing the privacy settings.”

Good to know! If you or someone you know is asked to hand over social media credentials to a current or potential employer, contact the legal professionals at Montagna Klein Camden in Norfolk, Virginia for your free legal consultation.

 

Terms & Conditions

kitty-lawyerBy now, you’ve likely accepted that social media is here to stay. You probably even spend at least a few minutes each day posting, pinning, tweeting or just scrolling through your news feed. But what happens when your account becomes entangled in some very public legal drama?

If you’ve heard the hype about Amazon’s alleged false reviews, you know that even a shopping account can land you in hot water. The online global marketplace is suing over 1,000 “John Does” for supposedly accepting money in exchange for posting fake reviews on products. These John Does are real Amazon users, breaking the terms and conditions of their Amazon accounts.

If you thought you were safe from legal consequences behind your web handle, you were wrong.

Your legal professionals at Montagna Klein Camden are here if you get caught up in a social media or eCommerce lawsuit. We’re not saying you need a lawyer to read the fine print before creating an Instagram account, but at least be aware that you are effectively signing a contract of conduct, and it’s binding.

Read the fine print. When signing up for an account like Amazon, you probably scrolled right that little tiny text box labeled Terms & Conditions, and clicked “I Accept.” When you did that, you agreed to, among other things, not post false reviews. Funny how that works, huh?

All reviews can go the same way – in the past, businesses have tried adding a clause to consumer contracts that prevent them from leaving a negative review. In some states, this has now been banned. Endorsements have their caveats, too. If you’ve been paid to endorse a product, you legally must also add a disclaimer to that effect.

If you own a business, you probably have a social account or two dedicated to promoting it. If you’re sharing contests, promotions or sweepstakes on social media, make sure it’s from a designated business account. Doing so from a personal account would violate the contract you agreed to when signing up, and could get you deleted.

Think before you tweet…and post, pin, like or share. There are consequences in the digital universe, too, and anonymity is an illusion. Call a legal professional at Montagna Klein Camden in Norfolk if you need a free legal consultation, and we’ll help you build your case today.

 

Funny & Unusual Laws in Virginia

Montagna-Law-Police-On-Toy-BikesWe’ve all heard a couple unusual laws – for example, you can be fined or even arrested in Washington state for “harassing Bigfoot.” As attorneys, we’ve had many moments where we wondered “why was this law even written?” Although these archaic laws are seldom enforced, they are always good for a laugh. Enjoy!

Here are the most ridiculous Virginia laws we could find:

  • Children cannot go Trick-or-Treating on Halloween (any other time of the year is apparently acceptable).
  • Citizens must honk car horns while passing other vehicles (it would be awfully noisy during summertime if this were enforced).
  • It is illegal to tickle women (lots of women WISH this law were widely known).
  • No animals may be hunted on Sundays – except raccoons – and even then, only until 2 am (naturally).

And some city’s laws were too good not to share:

Virginia Beach:

  • It is unlawful to drive by the same shop twice in 30 minutes on Atlantic Avenue at the oceanfront (admittedly sketchy but shouldn’t be illegal).
  • It is illegal to ride on the handlebars of a bike in the city (how else will you and all of your friends get to the beach on one bike?)

Norfolk:

  • It is unlawful to spit on a seagull (how else are you supposed to keep them away from your picnic lunch?)

Richmond:

  • It is illegal to flip a coin in a restaurant or cafe in order to determine who will pay for coffee (guess it’s your turn again).

Culpeper:

  • It is unlawful to wash a mule on the sidewalk in Culpeper (but my mule likes to watch the cars honk at each other during his bath!)

We hope you’ve enjoyed these silly and ridiculous laws. Should you ever be burned by a crazy-absurd law, be sure to call the professionals at Montagna Klein Camden in downtown Norfolk. We may not be able to tear down this archaic legislation but we may just be able to talk you out of a ticket for spitting on a seagull in Norfolk (which you would never do, right?)

What Lawyers Wish You Knew

Every job has it’s peaks, it’s valleys and it’s sinkholes. It’s true that the certain professions are viewed as more comfortable while others are seen as unpleasant; but each and every job has it’s recurring frustrations.

  • Retail: re-organizing the same display for the fifth time in one day.
  • Food service: explaining over and over why one item is not an equal substitution for another.

You get the idea.

Lawyers deal with the same type of irritations as you do, each and every day, just in a different setting. We don’t all fit the Hollywood ideal of a fast-driving, smooth-talking ruler of the courtroom, and we don’t try to. And so, in the spirit of the waitress who single-handedly served a table of ten only to get stiffed, and the retail employee who spent twenty minutes explaining and up-selling only to lose the commission at the last moment, we decided to vent our frustrations online.

Please check out our list of five things that attorneys and lawyers wish YOU knew about US. Enjoy!Montagna-Law-Tired-Attorney-with-Headache

      1. We don’t make the laws, guys. Just as the captain of a ship didn’t call the storm into being, so we had no control over the existence, phrasing or popular interpretation of laws. We’re just navigators, here to help you cross that sea of legalese safely.
      2. We wish the process was quicker, too. As much as we enjoy your company, we wish we could resolve your case immediately, and send everyone home early! But that’s not how it works. There are hang-ups and red tape to be dealt with, and the more people that are involved in your case, the longer the entire process will drag on. Just bear with us, we’re only trying to help.
      3. We’re not miracle workers. Despite what you see on TV and in movies, we don’t always have an ace in the hole or a trick up our sleeve. If you broke the law, and you got caught, it may not matter how good your attorney is. A photo or video, a witness, some irrefutable physical evidence: these reverberate in a courtroom, louder than any attorney’s voice. Sometimes, there is nothing we can do, but that doesn’t mean we won’t try.
      4. We don’t work for free. Would you continue to organize that display if you weren’t getting paid, or bother to smile and refill drinks if you knew for a fact that no tip was forthcoming? Law school is expensive, and practicing law is both difficult and time-consuming. Nobody wants to work for nothing: you wouldn’t do it, so don’t expect us to.
      5. You have the right to be your own attorney, but we advise against it. Let’s go back for a moment to the ship’s captain metaphor: would you try to steer a ship without any training? The longer you stay at the helm, the more imminent your crash. And when you break down and call us up, we’ll have a much larger mess to clean up than we did before. Think you’ll save money by representing yourself? Think again.

We hope you enjoyed our rant, and will think twice before trying to represent yourself. If you need legal advice, Montagna Klein Camden in downtown Norfolk is happy to offer you a free consultation with one of our skilled attorneys. All you have to do is call.

More Crazy Lawsuits

Montagna-Blog-PostSometimes our justice system makes us so proud to be Americans, while other times, it makes us Face-Palm and SMH. While we’re on the clock at Montagna Klein Camden, we strive for the former – let justice be served! But when we’re honest with ourselves, we all just enjoy a good laugh. Here we’ve compiled another list of absurd legal cases for your entertainment. Enjoy!

1991: Richard Overton vs. Anheuser-Busch

Michigan man Richard Overton sued the popular brew-makers for false advertising, stating that the television commercials featured beautiful women in tropical settings, which apparently did not match his experience with the beverage.

After Overton brought his case for emotional distress, mental injury and financial loss, the case was dismissed.

1995: Robert Lee Brock vs Robert Lee Brock

No, it’s not a typo and yes, you read it right. Brock was in jail in Chesapeake, VA for breaking & entering as well as grand larceny. He sued himself for violating his own civil rights: “I partook of alcoholic beverages…as a result I caused myself to violate my own religious beliefs. This was done by my going out and getting arrested.”

The claim was dismissed but Brock’s creative approach to civil litigation was applauded.

2000: Cleanthi Peters vs Universal Studios

Scaredy-cats, beware! Cleanthi Peters spent a chilling night visiting Universal Studios’ Halloween Horror Nights Haunted House in Orlando, FL. Instead of laughing off the experience afterwards, however, Peters decided to sue the haunted house for being “too scary.”

Claiming extreme fear, mental anguish and emotional distress, Peters was eventually granted $15,000 for her trouble.

2005: Anna Ayala vs Wendy’s Franchise Owner

Ayala sued her local Wendy’s restaurant after allegedly finding a human finger in her chili. Authorities were called in, investigations conducted, but no stumps were uncovered that matched the finger. Naturally, investigators looked to Ayala. It was eventually uncovered that the finger belonged to a family friend, who had lost it in a workplace accident, and given it to her as a method of settling a bet (yuck). Ayala was found guilty of attempting to extort everyone’s favorite redhead fast food chain, and served four of a nine year sentence.

Plus she was banned from Wendy’s, and that’s the real punishment.

2009: Trina Thompson vs Monroe College

We all know the job market has been better, but this one is ridiculous. A Monroe College graduate, Thompson became frustrated three months after walking across that stage, because she still wasn’t employed. In a fit of unemployable rage, she decided to sue the institution that educated her, for $70,000. Specifically blaming the Office of Career Advancement for giving priority to students with high grade point averages (Thompson graduated with a 2.7), her complaint requested an additional $2,000 to make up for the stress of a three-month job hunt.

Needless to say, her case was dismissed.

Trivia Tuesday – The Judiciary of Virginia

CaptureHow much do you know about the judiciary of Virginia?

Take our Trivia Quiz & find out!


1. Which court is the lowest of the Virginia court system, and is the court that most Virginians have contact with?

A. Virginia General District Court (GDC)

B. Virginia Circuit Courts

C.  Court of Appeals of Virginia

2. The Virginia Circuit Courts are the state trial courts of general jurisdiction. How many Circuit Courts are there in the state of Virginia?

A. 30

B.120

C. 61

3. The jurisdiction of the Virginia General District Court is generally limited to traffic cases and other misdemeanors, civil cases involving dollars amounts of under?

A. 5,000

B. 10,000

C. $25,000

4. How many justices make up the Supreme Court of Virginia, the highest court in the Commonwealth of Virginia?

A.11

B. 7

C. 9

5. How long is the term of a justice of the Supreme Court of Virginia?

A. 12 years

B. 8 years

C. lifetime


Check your answers here!

Contact Montagna Klein Camden for all your legal needs

Trivia Tuesday – The Code of Virginia

CaptureHow much do you know about the Code of Virginia, the statutory law of the U.S. state of Virginia?

Take our Trivia Quiz & find out!


1. In what year was the Virginia Code Commission made a permanent part of the state’s legislative branch and given the responsibility for publishing and maintaining the code?

A. 1950

B. 1997

C. 1914

D. 1883

2. True or False: The laws published in the Code of Virginia are supreme over local ordinances passed by the counties and independent cities of Virginia.

3.  The first unofficial copy of Virginia laws, A collection of all the acts of Assembly of Virginia, was published in 1733 by which Virginian?

A. Thomas Jefferson

B. William Waller Hening

C. William Parks

D. Benjamin Watkins Leigh

4. The Virginia Code Commission also has the responsibility of publishing the Virginia Administrative Code and Rules of Evidence, as well as Virginia State Bar advisory opinions and Virginia compacts, which it may incorporate into the code. How many members compose the Virginia Code Commission?

A. 24

B. 10

C. 36

D. 8

5. The Code of ____(what year) is the most recent official revision of the Code of Virginia and continues to remain in force?

A. 1950

B. 2007

C. 1918

D. 1998

6. How many titles(sections) are there in the Code of Virginia?

A. 27

B. 129

C. 561

D. 67


 

CHECK YOUR ANSWERS HERE!

YOU CAN ALWAYS TRUST MONTAGNA KLEIN CAMDEN WITH YOUR LEGAL TROUBLES.

CONTACT OUR SKILLED ATTORNEYS IN NORFOLK TODAY FOR A FREE CONSULTATION.

Trivia Tuesday – Law School

How much do you know about Law School & Lawyers in the United States?

Take our Trivia Quiz & find out!


1. What year did the Association of American Law Schools adopt a requirement that law school consist of a three-year course of study?

A. 1906

B. 1889

C. 1943

2. The American Bar Association(ABA) headquarter’s is located in which city?

A. Washington, D.C.

B. Chicago, Illinois

C. New York, New York

3. In what year did Notre Dame Law School start admitting women?

A. 1918

B. 1940

C. 1966

4. What Law school did Barack Obama, current President of the United States, graduate from?

A. Northeastern University School of Law

B. Harvard Law School

C. Yale Law School

5. Which is the first Law School established in the United States that is still active today?

A. Marshall-Wythe School of Law (The College of William & Mary) established 1779 (closed in 1861 and reopened in 1920)

B. University of Virginia School of Law

C. University of Maryland School of Law

BONUS: How many of the Presidents of United States have been lawyers?

A. 12

B. 24

C. 42


 

CHECK YOUR ANSWERS HERE!

YOU CAN ALWAYS TRUST MONTAGNA KLEIN CAMDEN WITH YOUR LEGAL TROUBLES.

CONTACT OUR SKILLED ATTORNEYS IN NORFOLK TODAY FOR A FREE CONSULTATION.

Trivia Tuesday – Constitution

CaptureHow much do you know about the United States Constitution?

Take our Trivia Quiz & find out!


1. When was the U.S. Constitution signed?

A. 1704

B. 1776

C. 1787

2. How many signatures are on the U.S. Constitution?

A. 13

B. 27

C. 39

3. What is the introductory paragraph to the U.S. Constitution called?

A. Introduction

B. Prequel

C. Preamble

4. What was NOT the purpose of forming the U.S. Constitution?

A. To declare independence from Britain.

B. To create a unified National Government.

C. To protect individual liberties of American citizens.

5.Which historically significant figure was NOT present at the Constitutional Convention?

A. Benjamin Franklin

B. George Washington

C. Thomas Jefferson


CHECK YOUR ANSWERS HERE!

YOU CAN ALWAYS TRUST MONTAGNA KLEIN CAMDEN WITH YOUR LEGAL TROUBLES.

CONTACT OUR SKILLED ATTORNEYS IN NORFOLK TODAY FOR A FREE CONSULTATION.

 

 

Trivia Tuesday – Supreme Court

Just how well do you know the United States Supreme Court?

Take our quiz to find out!supreme


 

1. When was the US Supreme Court established?

A. 1698

B. 1789

C. 1802

2. Who nominates judges to the US Supreme Court?

A. The US public

B. The President of the US

C. Congress

3. What is the term length of a US Supreme Court Judge?

A. 4 years

B. 12 years

C. Life

4. How many justices sit at the current US Supreme Court?

A. 12 – 2 chief justices & 10 associate justices

B. 15 – 5 chief justices & 10 associate justices

C. 9 – 1 chief justice & 8 associate justices

5. Who was the first female justice on the US Supreme Court?

A. Sonia Sotomayor

B.  Elena Kagan

C. Ruth Bader Ginsburg

 


 

Check your answers Here!

You can always trust Montagna Klein Camden with your legal troubles.

Contact our skilled attorneys in Norfolk today for a free consultation.

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