Friday, April 18, 2008

Flashback Friday - April 18, 2008

Flashback Friday was great. I sometimes confuse flashbacks and nostalgia, though they are relatively close. New York was graced with the first day it was not outrageous to wear shorts and sandals. I could not wait to excavate my California clothing from the heap in the back of my closet. Freedom to wear what I want, without funny looks is an amazing right I enjoyed.

The day started out with a mock employment contract negotiation, during which M and I discussed the terms of employment with a set of two classmates in an effort to get our clients the best deal possible. M and I rocked the house, and left the table with terms that benefited us quite a bit.

However, when we got to the portion regarding any misdemeanor or felony arrests and the effect of such on continued employment, we unexpectedly found a piece of disagreement. The other side did not want Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) to be grounds for automatic dismissal. From this discussion, the “Mighty Ducks Provision” was borne (ca. 1992). I have included it here for your reading pleasure:

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Mighty Ducks Provision

The Employer cares for its Employees and the public. The Employer understands that no person is perfect, and that addictions are as hurtful to an individual as they may be to Employer’s business. As a result, Employer agrees and pledges, so far as they are able, to assist and help the Employee help themselves break the cycle of addiction.

Should employee be convicted for Driving Under the Influence (DUI) or Driving While Intoxicated (DWI), Employee may be permitted to continue employment with the Employer should Employee fulfill the following requirements:

Employee has not previously been convicted of either a DUI or DWI;

Employee pleads guilty in an open court to DUI or DWI charge;

Employee fulfills all terms of the Court-imposed sentence in the manner and time prescribed by the applicable Court;

The act for which Employee has been found guilty did not result in the injury, harm or death of any person;

Employee enters into an Alcohol or Substance Rehabilitation Program approved by Employer;

Employee submits to no less than six (6) months regular, unpaid community service to a youth-oriented initiative approved by Employer, preferably coaching or mentoring initiatives, such as Pee-Wee hockey;

Employee reports to the applicable Bar Associations with which Employee is a member;

Employee shall adhere to any and all Bar Association punishments and requirements as a result of Employee’s actions;

All expenses borne of these requirements are the Employee’s responsibility;

Employee takes no less than one-month unpaid leave from employment;

Employee submits to a performance and conduct review at the end of the unpaid leave to assess Employee’s adherence to the aforementioned requirements; and

Employee understands that adherence with the above requirements is not a guarantee of continued employment.

This provision, in no way, condones or induces Employee to commit any illegal crimes or acts. The Employer strictly prohibits any and all unlawful acts and irresponsibility by all of its employees.

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Hopefully my professor has a sense of humor. We shall see. (My favorite part of the provision is: “Employee submits to no less than six (6) months regular, unpaid community service to a youth-oriented initiative approved by Employer, preferably coaching or mentoring initiatives, such as Pee-Wee hockey.”)

After the morning meeting, I drove home, windows down, sunroof open. It was the happiest I have been since I arrived in the East Coast. Suddenly, I had the urge to partake in a beverage that I have not had in quite a while: Root Beer.

The soda has not graced my palette in a very long time, because I have lovely genetics that have made me susceptible to kidney stones. Soda is one of the triggers to the creation of the miniature bowel maces that wrenches your insides like a porcupine. If you have kidney stones once, and the doctor tells you to stop doing something, you listen. I was lucky enough to have the stones of death twice. Needless to say that I did as the doctor suggested.

Today was an occasion to enjoy oneself. I stopped at the beverage store, picked up some A&W, and drove home. When I got home, I grabbed my books, a blanket, some Jazz tunes and headed to the dock in back of my house with the dog to enjoy the sunshine and happiness. Of course, I sipped on my root beer.

It felt like home, especially when I was sipping the foam from my soda, as my parents let me do when they poured sodas when I was young. Memories of my pre-law days circled my mind. It was definitely nostalgia. Or, was it a flashback? Who cares?

It was a good Friday.

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