Thursday, March 5, 2020

Wingman

wingmen watch your back
I really dig being married.  Took a while to get up to speed but it seems like the wife and I have finally hit our stride.  She is the ultimate wingman.  True, it took having to navigate two kids, two houses, a few vehicles, a couple nasty employers, navigating around lots (and lots) of crazy and a 2,500 mile cross-country (coast to literal coast) trip to get it together but I think we've finally got it going on.

Take, for example, the other day.  I was driving and was trying to turn right onto a busy thoroughfare.  I says to the wife, "You look left and I'll look right - tell me when we're clear."  I mean, what a great system!  The way the car was situated, it was more comfortable to look to the right and her to the left and, working together we were able to get out and about in record time.

Good times.

Reminds me of an incident the other day whilst I was trying to help a student find information on a research project.  For those not in the know, I'm no longer with the county law library helping the legions of pro se litigants, attorneys, judges, senators, representatives who would walk through the front door.  Nope, now I work at a law school trying to help in-grateful students understand the "how" of legal research.  Failing miserably I think I am but forward I slog.

Anyway, student was given a problem by her boss.  Seems a client had a medical procedure planned and went on FMLA (family and medical leave act).  Well, seems client didn't actually go on leave when they were scheduled to go on leave and unilaterally decided to delay the procedure to go on a vacation and then to the procedure.  Seems client's employer found out about the delay, demanded client return to work, client said no, employer fired client, client wants to, now, sue employer for wrongful termination and still go on FMLA leave.

Got all that?

The difference between California (where I used to live/work) and South Carolina (where I now reside) is that California has resources that other states can only dream about and South Carolina, well, it doesn't have squat in the way of practice oriented stuff.  Well, there that and law libraries in other states don't seem to understand the importance of having practice aids in their collection.  Really limits the creative process (and the practice or law).

So, with the resources I have, I tell student to go and look at AmJur Proof of Facts and look in the index under FMLA.  I also suggest they take a look at AmJur Trials while I go look in the United States Code Annotated (USCA) under FMLA and see what it talks about regarding an employee delaying taking leave under the FMLA.

Student declined my suggestions.  See, I was interested to see if Proof of Facts or Trials had anything on the FMLA - but not so interested to have to go and look it up myself.  That's what a wingman is for - to help out when you are about to do something else.  I mean, it's not my project.  I student doesn't want to do what it takes to learn about this stuff, so sad, too bad.

Turns out, there is quite a bit about people who unilaterally try to delay leave as well as a few cases.

In a last ditch effort, I suggest that student call 1-800-Westlaw and talk to a reference Attorney to get a search query with which to conduct a search in Westlaw Edge.

This, student could do.

Guess using print resources were beneath them.  Too bad that.  They had the prospects of being a good wingman.  That's the way it is, right?  Some people are great wingmen, others are great spectators.

Glad I have a great wingman on my side I know I can count on.

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