FEDERAL AND STATE LAWS PRECLUDE UNCONSCIONABILITLY Settlements are NOT a forum to circumvent Voluntary Settlement laws, nor are they excuses for Employers to circumvent Federal and State Discrimintiion laws. Any Settleent that contains terms that contravene accepted Statutes like Title VII, ADA nd other laws is by definition a Void contract subject to disposition by the Court . If any Employer proposes terms that the Court knows to be inerently unconsionable and discriminatory in intent, that judge is acting to enable and faciliate the unlawful conduct of the Employer, an d should be investigated and subjected to the most serious discipline. Further, any Employer who willfully breaches the terms of an unconscionable agreement has knowingly surrendered any and all rights to the benefits of that contract. And, if willfullness, and intent to injure the counter party, are demonstrated the Employer shall be subject to the most severe sanctions and shall be liable for all damages emanating from the willful breach. If a Trial Judge is foolish enough to put his or her imprimatur on a coerced or unconscionable, or both, contract, that Employer has not only demonstrated contempt for the purpose and intent of voluntary settlements, and Federal and State Discrimination statutes, that Judge has surrendered its role as an impartial fact finder and has become an advocate for one of the parties. Any judge who acts as an advocate of any party should disqualify and vacate their tainted order. If a Judge makes the collosol mistake of believing that he or she is above the law and can disregard the restraints of voluntary settlement laws, or who arbitrarily constructs an argument that advances the agenda of one side over the other to nullify the protections of conscionability, or whom knowingly acts to subvert due process, choice, or equal protection, under the cloak of judicial authority, or whom constructs a Settlement that undermines the constitutional rights of every litigant, especially those who plead discrimination, that Judge is committing High Treason against the State and shall be removed from office upon a timely and thorough investigation. Judges must comply with the Laws of DIsqualification, which protect them against allegations of bias, undue influence, and other misconduct attendant with an agenda for the case that favors one party over the other, immediately. When Judges refuse to disqualify when there is clearly an agenda is play, the decisions that emanate from that failure are inherently Null and Void, and should be vacated immediately. When a judge refuses to vacate decisions executed under improper influence or a bias or agenda, that judge has acted under a usurped authority, and the decisions have no legally binding effect. No judge has the power to fire an Employee, much less a victim of DIscrimination, while that person is out on Medical or Disability Leave. No Judge has he power or authority to sell an Employees Rights and Benefits back to the Employer as part of a Settlement. This kind of conduct, which puts the employee in grave peril in the future, is outrageous and contrary to the purpose of Settlement Negotiations. No Judge has the power or authority to create terms that render it impossible for the Employee to secure re-employment and which inherently retaliate against the Complainant. No judge has the power or authority to THREATEN, intimidate, browbeat and bully a litigant into accepting a proposed offer. No Judge has the power and authority to fraudulentl INDUCE actions to surrender employment rights, when the party being induced has 1) no knowledge of the existence of such benefits or their vallue; 2) no knowledge of what their other options are; 3) no knowledge of the impact that the decision will have on their employment rights. When an Employoer REPEATEDLY and FLAGRANTLY disregards Employment Laws, it is the burden of the Court to recognize the violations as unlawful and to impose the most SEVERE sanctions as the law provides. When a Judge ignores that burden, in order to cull favor with the Employer at some future date, that Judge has forfeited its legal obligation and sworn duty to enforce the relevant Laws and is in violation of ITS employment contact. Discrimination should be a major priority for every Federal and State judge in this country, and all judges should be intimately familiar with the latest case law, the categoriies and classes of discrimination, and the Burden Shifting standard of review that the majority of cases are evaluated under. END DISCRIMINATION NOW JUDICIAL REFORM NOW
Posted on: Fri, 24 Oct 2014 21:26:28 +0000
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