[LTPC-disc] RE: LTPC Legal Issues

Wed, 28 May 2003 08:45:53 EDT

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Just thinking out loud.....

1.  Alabama, like most states, is an "Employment at Will" state.  Meaning: 
You are employed only as long as your employer wants and needs you.  Unless you 
are in a "Protected Class" (minority, handicapped, etc.).  Otherwise you can 
be let-go at anytime, for no reason.

2.  The way Cendant/Progeny handled this whole thing tells me they had the 
attorney's involved every step of the way.  Once they "discovered" that they 
could make a lot more money by getting rid of the sales and support staff, they 
could have done that immediately.... except for the legal considerations.  It 
cost them a lot of money just to provide health insurance during this sixty day 
period for 500 families.  So they were listening to the attorneys when they 
decided to wait the 60 days.

3.  In corporate America today the only thing that matters to most companies 
anymore is the cost of their stock.  It drives everything because it drives 
the major part of the take home pay for the 15 or so guys at the top.  (It's how 
they make tens of millions of dollars from stock options and bonus'.)  By 
eliminating the bulk of the overhead at LTPC, and yet retaining the bulk of the 
revenue, Progeny, and therefore Cendant, achieved a small step (relative to the 
BIG picture at Cendant) toward increasing their profits, and therefore their 
stock prices, and therefore the take home pay for the 15 guys at the top. 

Summary:  It made financial sense to do what they did.  So they consulted the 
attorneys to minimize the legal exposure.  And they are not going to 
voluntarily "give away" money.... 'cause that's why they did it to start with.  So 
forget "negotiating" with them.  In my opinion they will only do what they are 
forced to do.... by a judge and/or jury.

Even if you are against legal action... if they find that out then you have 
lost !

In my opinion this is clearly a "class action" case.  A "class," by 
definition, is a group of plaintiffs that were similarly treated by a defendant.

We should get someone (an attorney) to tell us where in the U.S.  we have the 
best chance of filing a suit... a get a jury that hates big companies.  And 
then go hire an attorney from that county (repeat: county) to write a letter 
stating our demands.  And then be prepared to fight it out.... 'cause I'm 
thinking that Cendant already is.

But I can tell you that people come from all over the country to file these 
type lawsuits in Barbour County, Alabama.  It is very "plaintiff friendly."  Do 
we have a LTPC rep in Barbour County, Alabama that could legitimately claim 
they are being "wronged and damaged" ?

Dennis Patterson
Birmingham, AL

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<HTML>Just thinking out loud..... 
 
1.&nbsp; Alabama, like most states, is an "Employment at Will" state.&nbsp;=20=
Meaning: You are employed only as long as your employer wants and needs you.=
&nbsp; Unless you are in a "Protected Class" (minority, handicapped, etc.).&=
nbsp; Otherwise you can be let-go at anytime, for no reason. 
 
2.&nbsp; The way Cendant/Progeny handled this whole thing tells me they had=20=
the attorney's involved every step of the way.&nbsp; Once they "discovered"=20=
that they could make a lot more money by getting rid of the sales and suppor=
t staff, they could have done that immediately.... except for the legal cons=
iderations.&nbsp; It cost them a lot of money just to provide health insuran=
ce during this sixty day period for 500 families.&nbsp; So they were listeni=
ng to the attorneys when they decided to wait the 60 days. 
 
3.&nbsp; In corporate America today the only thing that matters to most comp=
anies anymore is the cost of their stock.&nbsp; It drives everything because=
 it drives the major part of the take home pay for the 15 or so guys at the=20=
top.&nbsp; (It's how they make tens of millions of dollars from stock option=
s and bonus'.)&nbsp; By eliminating the bulk of the overhead at LTPC, and ye=
t retaining the bulk of the revenue, Progeny, and therefore Cendant, achieve=
d a small step (relative to the BIG picture at Cendant) toward increasing th=
eir profits, and therefore their stock prices, and therefore the take home p=
ay for the 15 guys at the top. 
 
Summary:&nbsp; It made financial sense to do what they did.&nbsp; So they co=
nsulted the attorneys to minimize the legal exposure.&nbsp; And they are not=
 going to voluntarily "give away" money.... 'cause that's why they did it to=
 start with.&nbsp; So forget "negotiating" with them.&nbsp; In my opinion th=
ey will only do what they are forced to do.... by a judge and/or jury. 
 
Even if you are against legal action... if they find that out then you have=20=
lost ! 
 
In my opinion this is clearly a "class action" case.&nbsp; A "class," by def=
inition, is a group of plaintiffs that were similarly treated by a defendant=
. 
 
We should get someone (an attorney) to tell us where in the U.S.&nbsp; we ha=
ve the best chance of filing a suit... a get a jury that hates big companies=
.&nbsp; And then go hire an attorney from that county (repeat: county) to wr=
ite a letter stating our demands.&nbsp; And then be prepared to fight it out=
.... 'cause I'm thinking that Cendant already is. 
 
But I can tell you that people come from all over the country to file these=20=
type lawsuits in Barbour County, Alabama.&nbsp; It is very "plaintiff friend=
ly."&nbsp; Do we have a LTPC rep in Barbour County, Alabama that could legit=
imately claim they are being "wronged and damaged" ? 
 
Dennis Patterson 
Birmingham, AL 
 </HTML>

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