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Critical Role Investigation Into Complaint
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<blockquote data-quote="Windjammer" data-source="post: 8034203" data-attributes="member: 60075"><p>I totally agree with you. Unfortunately, I don't think this by itself solves the issue.</p><p>Typically, situations like the one described in the official statement are NOT the product of deliberate malice. More often, they are the product of miscommunication where one side's <strong>non-verbal</strong> conduct, or implied rather than conveyed communication, gives rise to expectations that the other party relies on. It's called promissory estoppel and happens more often than you think.</p><p></p><p>The reason my mind went there is because (1) the released statement's two opening paragraphs just scream "written by an attorney" to me (notice the drastic change of diction at the start of paragraph 3), and (2) those paragraphs completely side-step promissory estoppel and only say how CR "never established, or intended to establish, any employment." Well, good for them, but if the plaintiff wanted to argue promissory estoppel, this would not begin to address the issue. And when a lawyer side-steps an issue, it's usually because they don't feel confident enough to commit their client to a firmer statement. This doesn't mean that promissory estoppel happened, but it also doesn't mean it didn't.</p><p></p><p>In the end, I hope the situation is much more straightforward and is pretty much resolved. I stand by my first response though. To get a lawyer involved - not just consult them -, and have them conduct an extensive investigation, and then draft a carefully worded statement that would stand up by way of respondent's opening answer at pleading stage does NOT speak to me "oh, we're sorry, nothing we did could have given rise to this." They're likely innocent, but they're also really obviously and extensively covering their bases.</p><p></p><p>P.S. Necessary disclaimer. Nothing in this post is intended to or should be construed as legal advice in any shape or form.</p></blockquote><p></p>
[QUOTE="Windjammer, post: 8034203, member: 60075"] I totally agree with you. Unfortunately, I don't think this by itself solves the issue. Typically, situations like the one described in the official statement are NOT the product of deliberate malice. More often, they are the product of miscommunication where one side's [B]non-verbal[/B] conduct, or implied rather than conveyed communication, gives rise to expectations that the other party relies on. It's called promissory estoppel and happens more often than you think. The reason my mind went there is because (1) the released statement's two opening paragraphs just scream "written by an attorney" to me (notice the drastic change of diction at the start of paragraph 3), and (2) those paragraphs completely side-step promissory estoppel and only say how CR "never established, or intended to establish, any employment." Well, good for them, but if the plaintiff wanted to argue promissory estoppel, this would not begin to address the issue. And when a lawyer side-steps an issue, it's usually because they don't feel confident enough to commit their client to a firmer statement. This doesn't mean that promissory estoppel happened, but it also doesn't mean it didn't. In the end, I hope the situation is much more straightforward and is pretty much resolved. I stand by my first response though. To get a lawyer involved - not just consult them -, and have them conduct an extensive investigation, and then draft a carefully worded statement that would stand up by way of respondent's opening answer at pleading stage does NOT speak to me "oh, we're sorry, nothing we did could have given rise to this." They're likely innocent, but they're also really obviously and extensively covering their bases. P.S. Necessary disclaimer. Nothing in this post is intended to or should be construed as legal advice in any shape or form. [/QUOTE]
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