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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]
All true things.  The Board management puts attorneys in a bad spot.  If you refuse to work unpaid overtime, a lot of people will be fired because they don't meet the quota. If you work unpaid overtime and management winks and nods and pretends it didn't happen, you have a better chance of keeping your job, but management gets to pretend that the quota is fair.  [/quote]

Shocking no one has sued after being fired. It would seem easy to prove through caseflow records that most people are working unpaid overtime and thus one was fired not for deficient performance but for a refusal to perform unauthorized and unpaid overtime.[/quote]

Your analysis makes it pretty clear why you either weren’t hired or couldn’t stick it out. Performance is counted by cases completed, not how much time you spend in CaseFlow. But I like how you picked up the name of the software used. Clever.[/quote]

Let me walk you through this: Employee A works diligently 40 hours per week. Employee A can't make quota. Employee A gets fired. Employee A sues, arguing that for most BVA attorneys making the quota involves working unauthorized overtime, thus Empoyee A was really fired, unlawfully, for refusing to work unauthorized overtime. Employee A proves this, or at least attempts to prove this, by obtaining caseflow data during discovery, showing how many BVA attorneys who do make quota are working on the weekends or outside of normal duty hours. Make sense?[/quote]

BVA attorney here. Knowing BVA management, I'm not convinced that they'll give out any information on CaseFlow. Is there a way to force BVA to turn over this information? I vaguely remember hearing about the term, "discovery," in law school, but that was several years ago. Anyone care to chime in on how discovery works?[/quote]

you cannot be seriously asking this question. [/quote]

Discovery may come easy to litigators, but I've never been a litigator. I joined the BVA directly out of law school. I only have decision writing experience. While I could look up civil procedure laws on how to conduct discovery, I don't want to relive that nightmare. The easiest way to get an answer on how to conduct discovery is to ask fellow DCUM users. And, why is my question surprising? The majority of BVA attorneys have no litigation experience. I'm pretty sure that I'm not the only BVA attorney who doesn't know how to conduct discovery. [/quote]

Google would be more help than DCUM, this thread especially. Do you see the moronic stuff they spout with regularity?[/quote]

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