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"Man sues IBM over adult chat room firing" - 2/19/2007 4:38:00 PM   
Vendaval


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"Man sues IBM over adult chat room firing"
By JIM FITZGERALD, Associated Press Writer Sun Feb 18, 7:06 AM ET


"WHITE PLAINS, N.Y. - A man who was fired by IBM for visiting an adult chat room at work is suing the company for $5 million, claiming he is an Internet addict who deserves treatment and sympathy rather than dismissal."  

http://news.yahoo.com/s/ap/20070218/ap_on_hi_te/chat_room_lawsuit;_ylt=Am5QGL7.YkVy1xWqNbf92lLMWM0F

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RE: "Man sues IBM over adult chat room firing" - 2/19/2007 4:40:27 PM   
DiurnalVampire


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An internet addict, maybe. Then go to ESPN at work and refresh there constantly.

Man, and we wonder why we catch such hell for being online people al the time.  Its becasue of idiots like this who get caught at work with their dicks in their hands when they know its innaproriate and then they cry internet addiction.  I didnt do it, officer, it was the web!

DV

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(in reply to Vendaval)
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RE: "Man sues IBM over adult chat room firing" - 2/19/2007 4:43:27 PM   
servantforuse


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If IBM is anything like AT&T he will have a very hard time getting his job back. The lawsuit is also a waste of time. This will be a code of ethics violation. I'm supprised he got a lawyer who would even take on "Big Blue".....

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RE: "Man sues IBM over adult chat room firing" - 2/20/2007 1:33:23 AM   
MasterC70


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Only in America I guess.  Still if a person can spill their "hot" coffee in their lap and bring suit though the accident was due to their own carelessness then anything is possible.

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RE: "Man sues IBM over adult chat room firing" - 6/22/2007 3:51:18 AM   
lokisgodhi


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Why are you passing this moronic drivel?

It's well documented that MacDonald's lost the lawsuit because it was proven that they were serving it at temperature 40-50 degrees over what's considered optimal serving temperature.

http://www.atla.org/pressroom/FACTS/frivolous/McdonaldsCoffeecase.aspx


quote:

ORIGINAL: MasterC70

Only in America I guess.  Still if a person can spill their "hot" coffee in their lap and bring suit though the accident was due to their own carelessness then anything is possible.


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RE: "Man sues IBM over adult chat room firing" - 6/22/2007 5:25:03 AM   
cjenny


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quote:

ORIGINAL: lokisgodhi

Why are you passing this moronic drivel?

It's well documented that MacDonald's lost the lawsuit because it was proven that they were serving it at temperature 40-50 degrees over what's considered optimal serving temperature.

http://www.atla.org/pressroom/FACTS/frivolous/McdonaldsCoffeecase.aspx


quote:

ORIGINAL: MasterC70

Only in America I guess.  Still if a person can spill their "hot" coffee in their lap and bring suit though the accident was due to their own carelessness then anything is possible.




Sssshhhh, reality takes all the fun out of it!

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RE: "Man sues IBM over adult chat room firing" - 6/22/2007 5:32:46 AM   
Stephann


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Optimal in who's opinion?  Industry 'norms' are not law.  I don't suppose there's a law on the books regulating the maximum coffee temperature?

The problem with US tort laws are that it allows juries (read 12 angry idiots) to make law, rather than holding our congressional machine responsible for it's very job; making law.

Loki,

You're not allowed to drink coffee in my house!  Ever!

Regards,

Stephan


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RE: "Man sues IBM over adult chat room firing" - 6/22/2007 5:40:54 AM   
TheSkylark


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Actually in a lot of ways industry norms are like laws. Its what courts generally use to determine whether or not a company has fallen below the standard of acceptable and safe behavior. Obviously thats not a perfect bright line standard, but it also protects the company by not requiring their product to be absolutely perfect (except for a few cases) but instead that it measures up to what the best standards and practices of the industry. Overall I think this is a much better, fairer, and more economical solution then having a law determining what the required temperature of coffee is.

In the McDonalds case, the lady had fairly severe burns, and ended up getting somewhere in the neighborhood of 100,000 after the appeal of the award. Then, subtract from that the lawyer fees and medical bills, and you end up with very little. Its definitely true that there are a few juries out there who are out of control. However, the vast vast VAST majority of cases never make it to trial (somewherein the neighborhood of 5% at most), and of those that do, I believe statistics show that the average jury award is in the tens of thousands, not hundreds, or millions.

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RE: "Man sues IBM over adult chat room firing" - 6/22/2007 8:08:18 AM   
Alumbrado


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quote:

ORIGINAL: lokisgodhi

Why are you passing this moronic drivel?




Apparently, elderly women who have had the skin in their crotch grafted back after 3rd degree burns deserve such scorn...who do they think they are, anyway?    

quote:

(Critics of civil justice, who have pounced on this case, often charge that Liebeck was driving the car or that the vehicle was in motion when she spilled the coffee; neither is true.) Liebeck placed the cup between her knees and attempted to remove the plastic lid from the cup. As she removed the lid, the entire contents of the cup spilled into her lap.
The sweatpants Liebeck was wearing absorbed the coffee and held it next to her skin. A vascular surgeon determined that Liebeck suffered full thickness burns (or third-degree burns) over 6 percent of her body, including her inner thighs, perineum, buttocks, and genital and groin areas. She was hospitalized for eight days, during which time she underwent skin grafting. Liebeck, who also underwent debridement treatments, sought to settle her claim for $20,000, but McDonalds refused.
During discovery, McDonalds produced documents showing more than 700 claims by people burned by its coffee between 1982 and 1992. Some claims involved third-degree burns substantially similar to Liebecks. This history documented McDonalds' knowledge about the extent and nature of this hazard.


http://www.caoc.com/CA/index.cfm?event=showPage&pg=facts

quote:

  ...proved to be a perfectly legitimate action taken against a coporation that knew, thanks to a string of similar scaldings it had been quietly paying off, that its coffee was not just hot, but dangerously hot... 


http://www.snopes.com/legal/lawsuits.asp

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RE: "Man sues IBM over adult chat room firing" - 6/22/2007 11:13:06 AM   
sambamanslilgirl


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quote:

ORIGINAL: servantforuse

If IBM is anything like AT&T he will have a very hard time getting his job back. The lawsuit is also a waste of time. This will be a code of ethics violation. I'm supprised he got a lawyer who would even take on "Big Blue".....

i have worked with IBM at the Sears corporate headquarters and Lucent Tech and it's corporate violation for visiting adult sites while on the job ...plus while upgrading computers for employees at the mentioned corportate places, i have seen employees fired on the spot for visiting and/or downloading porn to the company computers.  the guy has no chance in hell of winning his lawsuit.


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RE: "Man sues IBM over adult chat room firing" - 6/22/2007 12:28:22 PM   
Lordandmaster


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Of course.

Comparing this to the McDonald's coffee suit is asinine.  But most people would rather spout belligerent opinions than take the time to read when they don't know what they're talking about.  I suppose it's easier that way.

quote:

ORIGINAL: sambamanslilgirl

the guy has no chance in hell of winning his lawsuit.

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RE: "Man sues IBM over adult chat room firing" - 6/23/2007 3:34:04 AM   
MagiksSlave


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Since when is there a law on how hot coffie can be?? There aparently isnt a law against beeing stupid doing idiotic things and then sewing others for your stupidity... if there was there wouldnt need to be a worning on a tube of hemriod cream that tells you not to take it oraly!!!

Magik's slave

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RE: "Man sues IBM over adult chat room firing" - 6/23/2007 6:32:39 AM   
Alumbrado


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How did it taste?

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RE: "Man sues IBM over adult chat room firing" - 6/23/2007 7:23:50 AM   
MagiksSlave


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quote:

ORIGINAL: Alumbrado

How did it taste?


I wouldnt know Im not that stupid

Magiks's slave who doesnt think we should be saveing people from their own stupidity

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If you’re going through hell keep on moving
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RE: "Man sues IBM over adult chat room firing" - 6/23/2007 10:35:32 AM   
Alumbrado


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Which doesn't explain why anyone would think that it is OK to claim that the very real victims of deliberate malicious and harmful corporate actions are 'stupid'.

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RE: "Man sues IBM over adult chat room firing" - 6/23/2007 10:52:26 AM   
gooddogbenji


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Guy surfs porn at work?  If the company has a policy against it, he deserves to be fired.  If he had been warned, he deserves to be fired.  End of story.

Lady with coffee?  Deserves to get an ass kicking.

Coffee at 135?  That's 60 degrees C, a temperature at which coffee will quickly lose flavour, and only taste alright if you add cream, sugar, and have neither tastebuds nor taste.  Besides, the ideal brewing temp is about 95, or over 200 F.  So you leave is out for a few minutes, or what?  Then the customer adds 3 creams, and complain about cold coffee?

I am simply amazed at the number of people who feel that McD's should be held responsible for serving hot beverages, hot.

Yours,


benji

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RE: "Man sues IBM over adult chat room firing" - 6/23/2007 11:09:38 AM   
SanDieganMichael


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Internet Addiction is every bit as real as any other modern addiction.  The strength of will of the person who is addicted is every bit as important as the addiction.  Studies show that Alcoholics anonymous is only slightly more effective than cold turkey (both with success rates of nearly 5%). 

As for company policy, it matters how it is being enforced.  I do not know IBM’s company policies; something tells me though it is unfairly enforced, when adult chat rooms versus ESPN during your favorite sports season.

As for McDonald’s coffee suit … Coffee (or any other liquid) served at that temperature can be felt through the Styrofoam cup.  Putting a hot beverage between you legs, even in the most stable of environments is as foolish as cutting towards yourself with a butcher knife.  Safety isn’t just a word people …

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RE: "Man sues IBM over adult chat room firing" - 6/23/2007 11:13:43 AM   
gooddogbenji


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Yeah, but claiming you're addicted to online porn i a great way of demonstrating your unemployability, no?

I mean, I'm the first one to sympathize with the truly sick, but to call everything a disease is bullshit.  It makes society reponsible to fix it, rather than JUST FUCKING STOPPING.  If you can't control that, I'm not about to support you being on disability. 

Next thing you know, we'll be accepting that a guy on disability is addicted to cheating the system.

Yours,


benji

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RE: "Man sues IBM over adult chat room firing" - 6/23/2007 11:14:37 AM   
Alumbrado


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Nice try at disinformation.

quote:


McDonalds also said during discovery that, based on a consultant's advice, it held its coffee at between 180 and 190 degrees Fahrenheit to maintain optimum taste. He admitted that he had not evaluated the safety ramifications at this temperature. Other establishments sell coffee at substantially lower temperatures, and coffee served at home is generally 135 to 140 degrees.
Further, McDonalds' quality assurance manager testified that the company actively enforces a requirement that coffee be held in the pot at 185 degrees, plus or minus five degrees. He also testified that a burn hazard exists with any food substance served at 140 degrees or above, and that McDonalds coffee, at the temperature at which it was poured into Styrofoam cups, was not fit for consumption because it would burn the mouth and throat. The quality assurance manager admitted that burns would occur, but testified that McDonalds had no intention of reducing the "holding temperature" of its coffee.


'Taste alright' my ass... this isn't about flavor, this is about maiming many people deliberately to sell a few more cups before having to pour it out. Saving a few pennies millions of times, as a cost benefit ratio to paying out the occasional tort.

Pretending that there is no difference between this and really bogus lawsuits is BS, in my opinion...YMMV.

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RE: "Man sues IBM over adult chat room firing" - 6/23/2007 11:18:36 AM   
Trampler


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About McD' coffee:  Unless a customer specifically askes for iced coffee, they should assume  that its hot, and should not be put in lap, or anywhere else it doesn't belong.  (Actually I believe that one shouldn't really be eating or drinking at all when driving, unless on a long trip.  In the mornings when most people head for work, everyone is rushing everywhere you have to keep on your toes. )

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