Tuesday, July 20, 2010

Da Animal Guy Loses in Court - Again

It was a case you didn't read about in da newspapers but you did see it in blogs, and daTruthSquad also read about it in da law journals. Manalapan decided to fire a guy in its employ named Mark Solinski. He was an animal control guy, and spent 23+ years of his life dealing with everything from deer to critters to roaches and rats and everything in between. He was fired, just over a year before his 25-year pension and medical-benefits-for-life would kick in.

Some said his firing was unjust. Some says some members of da Manalapan government had it in for him. Others had no opinion, however Mr. Solinski did have an opinion and didn't think it was OK.

Recently, his argument was heard by a judge, who followed previous precedents and current case law and rendered a judgment siding with Manalapan - meaning Yes - a lawyer under da employ of Manalapan actually won a case in court!! Even more recent, his case brought forward by da Superior Court of New Jersey, Appellate Division. Using daTruthSquad's handy-dandy legal database, you can now know what really happened to da animal guy in court that you won't read anywhere else.

First, when it comes to da legal process, any qualified lawwyer who truly knows how to represent their client will tell you that you must look not at da person, but how da person in this case is deemed by da court. Solinski was what is classified as an "at-will employee," meaning in layman's terms he was not protected by civil service rules, statutory tenure, collective bargaining, personal services contract or a contractual obligation, and he was not a member of any union or labor group. In effect, he was no different from da per-diem dishwasher at a fast food eatery. From a legal standpoint, that obviously didn't help him much.

Second, da township, led by Tara Tiara, held a hearing before lowering da boom on da animal guy. According to da case history in da legal database, they charged that he used a township vehicle for his personal use "for several days," and transported gasoline containers in that vehicle after being told not to. He also apparently violated his bosses orders concerning interactions with residents about, of all things, the spaying or neutering of feral cats. Saying he violated several policies and work rules, and he was apparently suspended for one day in 2007 for something he allegedly did (unlike in da case with Chief Brown where his rights were vigorously fought for by his highly qualified attorney), they decided to neuter da animal guy's job.

Now, to be fair, da town wasn't exactly handling things perfectly, a point supported by da facts in da case and strong legal precedent that da judge had no choice but to agree with. At one point, da animal guy was suspended for almost two weeks without pay. That was a big no-no, because, as it was determined by legal authority, he was suspended without pay pending his departmental hearing a couple of weeks without being given formal approval of the Manalapan Township Committee. Because da Township didn't follow proper protocol in this matter, they had to give him his back pay.

However, that matter didn't really help his case. Da original judge put together a 48-page decision, and found for Manalapan and against da animal guy.

Then came da appeal.

Da Appellate Division heard da case, and da judges decided on da following:

When a public employee such as, in this case, da animal guy is unprotected by Civil Service or by any statutory tenure, contractual commitment or collective negotiations --- "the employer (Township of Manalapan) has the right to discharge such employee with or without cause (as da decision read)." A similar case that has some merit to this would be Grexa v. State Department of Human Services, case law that da judges in da Solinski appellate case could not ignore.

Accordingly, da judges decided simply put that da town has da right to fire anyone, unless it is proven to be arbitrary and capricious. There was case law in New Jersey that backed up this claim made by da Manalapan lawyers, which could have also included Bryant v. City of Atlantic City.

When da dust cleared, da judges believed da town had da right to fire da animal guy, writing "given the series of written reprimands, supervisory directives, and lesser disciplinary sanctions ..... Plaintiff's transgressions in continuing to deviate from the clear policies of his employer were adequately proven."

So, in da end, da animal guy's lawyer could do nothing to block out those alleged "transgressions" in his record of service to da Township, da animal guy's job was neutered, and he will not get his 25-year pension and benefits for life.

DaTruth is, in this case, it appears there were many things that were never released to da public, such as da number of "transgressions" and accordingly, da level of these transgressions. Whether da "transgressions" in this case were bad or not was up to da judges, and in this case da animal guy's lawyer couldn't cite case law to da arbitrary nor prove any persecution or harmful work environment complaints against da township (in effect, not enough of a paper trail). While in this case you can't blame da lawyer, all you can say is when you do have a job, you should make sure you know what your responsibilities are and follow da letter of da law - and maybe keep your own paper trail in case you need it someday for what you may consider malicious prosecution.

We at daTruthSquad wish da animal guy well in his future endeavors.

As for da town of Manalapan, there are other lawsuits they are currently facing. One is Chief Brown's defamation lawsuit against Manalapan over that whole "Lady" thing, and da other is "Da Mosked Man vs Manalapan Township." They will be worth watching - and you know we will have a front row seat for both of these cases!

Also worth watching is what happens next in Manalapan's newest soap opera, "As Da Alliance Turns." It stars da Queen, as "Da Spurned One." Her character was kicked unceremoniously to da curb by "Andy Boy," da town mayor who "Pearl Harbored" da alliance and purpotrated da Queenly kicking. This show also stars "Benedict Arnold," a guy who claimed to be a member of one party but helped da other to win at least one election who also doubles as a powerful political party broker, along with da little township party brokers "Iron Girth" and "Da Capo di Tutti Capi."

In da last episode, da Queen was kicked to da curb when da alliance she had shared, along with da township power, was torn apart without her knowledge or da knowledge of any member of her "Cadre" and she was tossed out like yesterday's garbage. How will she respond? Will she stand up to da new and more powerful Andy Boy? Will she meekly stand by for da next 17 months and live with da insults and actions she may not like and be treated da way she and other treated Mr. Anthony Gennaro? Or, will da Queen go on da offensive and try to derail Andy Boy's election campaign for more power?

Stay tuned, TruthTellers, because we'll have a lot more about what will be happening next in da new Manalapan soap opera, "As Da Alliance Turns."

And that's daTruth.


Anonymous said...

Well written by a true "attorney-at-law."

Anonymous said...

Stu, you are the truly a lawyer's lawyer. Nobody like you! But watch the run-on sentences:

"Others had no opinion, however Mr. Solinski did have an opinion and didn't think it was OK."

Anonymous said...

Tell us, Stu, when the Manalapan lawyers in the Brown case get a gag order, will you keep fighting for your First Amendment rights by blogging anonymously as you did in the malpractise case? Sockitoem Stu!!!

Anonymous said...

Fred, you are one pathetic obsessed creature. You're the last person remaining in Manalapan that still thinks Stu is datruthsquad. You aren't much better at detective work than you are at following SEC regulations. It's hard to figure by which you're embarrassed the most. Of course, someone with your history is probably immune to being embarrassed by your own rampant stupidity.

Anonymous said...

If he broke the rules, he deserved to be reprimanded. If he broke them alot, he deserved to be fired. Maybe the judges got it right.

Anonymous said...

Lets see, this blog cites law cases and its writer claims to have a legal database. Guess we all know who what is.

Anonymous said...

"Guess we all know who what is."

well, we know it's not Fred. He's proven often enough that he doesn't know the law. He's no better at knowing the law than he is at being a detective. lol.

Re¨ `this blog cites law cases and its writer claims to have a legal database said...

Any Joe Schmoe with any search engine can find cases like multimillion=dollar financial swindles. And Westlaw and Lexis are both open to the public. Lawyers just don´t have the exclusive franchise on that information any more.

Anonymous said...

no, couldn't be stu. stu said it isn't him, and everyone knows that stu never lies. just ask billy levinson.

Anonymous said...

Fred, I don't think you want anyone talking to Billy Levinson, do you? I mean really. Is that like Gary Hart saying, "follow me around?"

Anonymous said...

"stu never lies."

Actually, Fred. Stu doesn't lie. No one can point to anything he's ever said that's an intentional lie. Unlike you, Fred, who made a career out of it and were fined and suspended for it. Talk about the pot calling the kettle....

Now you do it full time online - like saying everything you don't want posted was written by Stu. Honesty really means nothing to you, Fred, does it. Hmm. Fred Stone. Barack Obama. Isn't anyone taught ethics at Harvard Law?

Anonymous said...

To bad for Mr. Solinski. Outside of a few minor transgressions, he probably served the town well. I wish him good luck.

soap opera fan said...

When is your next episode of As Da Alliance Turns?

Anonymous said...

Fred Stone is to Stu Moskovitz what Glenn Beck is to Nazi-ism. That is, similar to how every last little thing on Glenn Beck's show has some sort of nexus - no matter how tenuous - to the Third Reich, every last little thing in Fred Stone's life has some sort of nexus - again, no matter how tenuous - to Stu Moskovitz. And in both cases, it's simply pathetic. Fred Stone needs to get a life just like his friend Glenn Beck.

a fan from the Linden Forum said...

I found you because you're listed among the top blogs of the Linden Forum, where I live. I like the Linden Blog but I wish we had someone like you here because our politics may be worse than what is in Manalapan. Keep up the good work.