Ronmr
Know what you're doing yet?
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Amen to that, especially with the Cauldron BS.'A group that can be destroy by the true must be destroyed by the truth.'
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Amen to that, especially with the Cauldron BS.'A group that can be destroy by the true must be destroyed by the truth.'
To be fair she is not being intimidated at all, at least in Boston. Part of the difference between Implacable and this fic is that Taylor is dealing with a PRT/Protectorate office that actually follows its own rules and regulations to a tee, both Taylor and the local director ar playing a game of cat and mouse with regulations and loopholes.They also can't be used to cover up illegal activity. The PRT is talking out it's ass and thinking it can get by via intimidation tactics. It worked on Danny because they jumped him at an weaker time than he was in beforehand, when as an experienced and trusted Union negotiator he should have seen it coming. But he caved.
Which is why I hope Taylor just goes nuclear and blows the doors off everything. She owes the PRT nothing, and will never see justice unless she takes it herself.
Damages the PRT's precious image? Well, the fuckers should have thought of that before, shouldn't they?
Aye, the PRT doesn't have to approach her from the legal angle at all if they want to make her miserable. Regular room searches, a drug check here and there, etc. The PRT does not lack the tools to bully her, but even a bogus legal battle, is again, a loss for a teenager not wanting to spend months stressing over absolute nonsense. If the Youth Guard stands in their way, a hint to the true nature of Taylor's hobby will make them drop their support. Honestly, the most likely outcome of any legal battle is that Taylor declares the whole thing a lost cause and go off by herself immediately rather than deal with the headache.The problem with going nuclear is that if she does it carelessly then she is breaking NDAs and laws that she in her surprisingly solid research of laws and regulations believes that she wouldn't be able to avoid being criminally charged despite the rather dubious nature of the validity of the information protected and either put on probation or forced to flee and become homeless, something that she believes would disappoint her departed mother. Then there is the fact that admit it or not Taylor is very, very vulnerable to pressure at this point of time, being paranoid and borderline self-destructive with her actions and thoughts, the stress of going nuclear and facing a PRT/Protectorate with the gloves off would be terrible for her.
That's intimidation though, being forced to sign NDAs, then fearing the consequences of breaking them is intimidation, maybe not as directly as in Implacable, but they still used legal pressure to force her into keeping quiet about crimes against her.To be fair she is not being intimidated at all, at least in Boston. Part of the difference between Implacable and this fic is that Taylor is dealing with a PRT/Protectorate office that actually follows its own rules and regulations to a tee, both Taylor and the local director ar playing a game of cat and mouse with regulations and loopholes.
The problem with going nuclear is that if she does it carelessly then she is breaking NDAs and laws that she in her surprisingly solid research of laws and regulations believes that she wouldn't be able to avoid being criminally charged despite the rather dubious nature of the validity of the information protected and either put on probation or forced to flee and become homeless, something that she believes would disappoint her departed mother. Then there is the fact that admit it or not Taylor is very, very vulnerable to pressure at this point of time, being paranoid and borderline self-destructive with her actions and thoughts, the stress of going nuclear and facing a PRT/Protectorate with the gloves off would be terrible for her.
To be fair she is not being intimidated at all, at least in Boston. Part of the difference between Implacable and this fic is that Taylor is dealing with a PRT/Protectorate office that actually follows its own rules and regulations to a tee, both Taylor and the local director ar playing a game of cat and mouse with regulations and loopholes.
The problem with going nuclear is that if she does it carelessly then she is breaking NDAs and laws that she in her surprisingly solid research of laws and regulations believes that she wouldn't be able to avoid being criminally charged despite the rather dubious nature of the validity of the information protected and either put on probation or forced to flee and become homeless, something that she believes would disappoint her departed mother. Then there is the fact that admit it or not Taylor is very, very vulnerable to pressure at this point of time, being paranoid and borderline self-destructive with her actions and thoughts, the stress of going nuclear and facing a PRT/Protectorate with the gloves off would be terrible for her.
I wondered what she would say if she saw me now. Probably disappointed that I was working for the government instead of out actually doing something good for society. I wasn't sure what, exactly, she would want me to be doing, but PR events and selling plushies was probably not it.
But, mom. What would she say, if she saw me turn villain? Would she be as disappointed in me for not being a hero?
Also this is equally bullshit, as it's pretty clear, that she don't want to be tested, because that would enable the PRT to force her to go into the field, so if the judge wasn't on the PRTs side, he could just require that she sign off on power testing and have a job lined up, as part of her emancipation, with the understanding, that she wont consent to power testing, until it can't be used against her."I find that while technically Miss Hebert is currently under employ by the Boston Wards program fulfilling the letter of the law of the requirement of having the economic means to sustain herself, she has in multiple occasions expressed the desire to leave the program as soon as is legally viable. Furthermore while her parahuman ability as described by herself and the preliminary assessment of the PRT has plenty of civilian applications both inside and outside the law enforcement community she has refused the testing of said abilities citing personal reasons, which is completely her right but it prevents her from getting licensed by the Protectorate as an affiliated hero, likewise the NEPEA-5 standards of work require a Parahuman Ability Safety Permit that the PRT is unable to issue without the proper testing."
Agreed, she is not completely isolated at school, but the impression from the Principal is that she is agressively keeping everyone at bay, one shared by the Wards who interact with her in the school and her own therapist, later with a more competent lawyer she might revisit the issue and get some character witnesses of her own.Yeah, Taylor is as far as I remember not isolating herself at school, what she's doing, is refuse to have anything to do with the Wards, she's not trying to avoid making civilian friends. Also this is equally bullshit, as it's pretty clear, that she don't want to be tested, because that would enable the PRT to force her to go into the field, so if the judge wasn't on the PRTs side, he could just require that she sign off on power testing and have a job lined up, as part of her emancipation, with the understanding, that she wont consent to power testing, until it can't be used against her.
Quite sure a lot of companies would sign her up anyway, provided she agreed to a low starting pay, sure there's a small chance it will turn out there's side effects to her powers, that basically mean they can't have her use them in her job, but if that's not the case, then she's the kind of valuable, that normally cost at least hundreds of thousands a year to hire.Watsonian reason: There the issue in which prospective employeers such as NEPEA approved companies and independent hero teams won't sign her up until they have her tests showing she won't degenerate molecules when she passes through them due to strict liability and insurance concerns and the PRT/Protectorate can deny to test her for free under those conditions since access to their testing lab its a benefit/requiremen of the Wards program, not a right on its own. And testing a Breaker power like hers needs either specialized tinkertech or multiple laboratory tests from material scientists, biologists and other disciplines, expenses that companies won't make until an emancipated Taylor can negociate directly with them (Catch 22). The judge can't force the PRT to do the testing since its not a legal right Taylor has, just a perk of the job she refuses to take, so the only way of getting it done is as part of a settlement for the Hess/Barnes cover-up and this judge at least won't consider the possible result of a lawsuit until its black on white.
The problem is that the judge cannot legally consider a a contract as a parahuman as a valid choice for employment as long as the possibility, no matter how small, of unintended secundary effects, harmful power interactions or other factors that might come in testing is there. Is basically an inversion of the rules and regulations Taylor uses to get out of Ward activities for she can't get a costume due to the chance of a harmful reaction with her powers despite using normal clothes all the time, but in this case the PRT can counter an emploment offer by saying that she cannot get an uniform or protective clothes of any kind without testing.Quite sure a lot of companies would sign her up anyway, provided she agreed to a low starting pay, sure there's a small chance it will turn out there's side effects to her powers, that basically mean they can't have her use them in her job, but if that's not the case, then she's the kind of valuable, that normally cost at least hundreds of thousands a year to hire.
So if she agree to a 2 year contract, where they pay her only something like 40k a year, then they should still be eager to sign her on, because while there's a small chance they can only use her as a low skill teenage worker, there's also a high chance, that such a contract mean they got a Parahuman, who could normally demand 10 times as much pay.
Gentle Reminder: Both the demand for parahuman labor force and their wages are a glaring plot hole in the world-building, even after accounting for NEPEA. Therefore, the more these subjects are expounded on, the less sense the whole thing will make. I would caution against delving deep into this as a discussion topic unless you're ready to go heavy into AU territory.Quite sure a lot of companies would sign her up anyway, provided she agreed to a low starting pay, sure there's a small chance it will turn out there's side effects to her powers, that basically mean they can't have her use them in her job, but if that's not the case, then she's the kind of valuable, that normally cost at least hundreds of thousands a year to hire.
So if she agree to a 2 year contract, where they pay her only something like 40k a year, then they should still be eager to sign her on, because while there's a small chance they can only use her as a low skill teenage worker, there's also a high chance, that such a contract mean they got a Parahuman, who could normally demand 10 times as much pay.
Ah, but they probably did sign before the initial Wards meeting where Taylor discovered that Emma and Sophia are Wards and decides she wants nothing to do with the Wards.As far as I understand about NDAs for minors, they can't be signed for them, they can have a parent co-sign to give it validity, and I believe in some cases the minor by themselves can do it and it applies, but it is not guaranteed. Also if they sign as a minor but turn 18 it might be enforceable, all those things are complex and may depend on the courts, but the most important thing is that they can't have someone sign for them. In this case I doubt Taylor signed anything and by no means her father can sign an NDA that applies to her without her co-signing, so there is that.
I see all this as another reason for the PRT to thread carefully, if it turns into a legal fight they have very little they can pin on Taylor, unless she unmasks Sophia and Emma, which is a crime, but they can't gag her about anything else she knows about the PRT crimes and such.
The NDAs can't stop you from reporting illegal activity to the proper authorities, but they can stop you from talking to a lawyer for filing a lawsuit of your own. You can talk to the lawyer in general terms on how to fill out the paperwork, but you can't disclose anything to the lawyer covered by the NDA. You certainly can't go to the press just because something illegal is covered by the NDA.They also can't be used to cover up illegal activity. The PRT is talking out it's ass and thinking it can get by via intimidation tactics. It worked on Danny because they jumped him at an weaker time than he was in beforehand, when as an experienced and trusted Union negotiator he should have seen it coming. But he caved.
Which is why I hope Taylor just goes nuclear and blows the doors off everything. She owes the PRT nothing, and will never see justice unless she takes it herself.
Damages the PRT's precious image? Well, the fuckers should have thought of that before, shouldn't they?
In that sense she is lucky that Sophia and Emma were off the clock during school hours, because then the grounds to cover under an NDA anything beyond their superhero alias and the relationship with the PRT/Protectorate are way thinner, so theorically she can sue them as someone would sue a private person that just happens to be an FBI agent and allow the conection between both to surface during discovery.The NDAs can't stop you from reporting illegal activity to the proper authorities, but they can stop you from talking to a lawyer for filing a lawsuit of your own. You can talk to the lawyer in general terms on how to fill out the paperwork, but you can't disclose anything to the lawyer covered by the NDA. You certainly can't go to the press just because something illegal is covered by the NDA.
Taylor can probably talk to the GAO, OPR, OIG and FBI (not sure who to go over the head of Internal Affairs to blow the whistle to) but she can't give the specific details to a lawyer without either the PRT approving it (good luck, that's not in their best interest unless the lawyer in question is on their payroll and has a duty to serve the PRT's interest first, Taylor's second) or they somehow manage to get a Judge to sign off on it after Taylor files the lawsuit on her own without disclosing anything covered by the NDA. She has to be lucky not to get the case dismissed because she isn't trained to navigate the legal system and didn't do everything perfectly while going up against the PRT's lawyers.
Can you send me the case law for this?The NDAs can't stop you from reporting illegal activity to the proper authorities, but they can stop you from talking to a lawyer for filing a lawsuit of your own. You can talk to the lawyer in general terms on how to fill out the paperwork, but you can't disclose anything to the lawyer covered by the NDA. You certainly can't go to the press just because something illegal is covered by the NDA.
The problem is, Taylor has just about surely only signed any NDAs under duress, and anything signed under duress can be declared invalid, I don't think she has actually signed any NDAs, at least not since before learning that Emma and Sophia are Wards, and the NDAs wouldn't cover anything to do with the bullying, since Taylor wouldn't sign any such document after finding out, and before she found out, the PRT didn't know either, and so had no reason to make her sign such an NDA.As far as I understand about NDAs for minors, they can't be signed for them, they can have a parent co-sign to give it validity, and I believe in some cases the minor by themselves can do it and it applies, but it is not guaranteed. Also if they sign as a minor but turn 18 it might be enforceable, all those things are complex and may depend on the courts, but the most important thing is that they can't have someone sign for them. In this case I doubt Taylor signed anything and by no means her father can sign an NDA that applies to her without her co-signing, so there is that.
I see all this as another reason for the PRT to thread carefully, if it turns into a legal fight they have very little they can pin on Taylor, unless she unmasks Sophia and Emma, which is a crime, but they can't gag her about anything else she knows about the PRT crimes and such.
The problem is that they probably had her sign a blanket NDA for the Wards identities before they gave her the tour where she discovered that both Emma and Sophia were there, its a standard and reasonable precaution in case she managed to discover for example that Dean Stanfield, junior millonaire is in reality the gallant hero Gallant.The problem is, Taylor has just about surely only signed any NDAs under duress, and anything signed under duress can be declared invalid, I don't think she has actually signed any NDAs, at least not since before learning that Emma and Sophia are Wards, and the NDAs wouldn't cover anything to do with the bullying, since Taylor wouldn't sign any such document after finding out, and before she found out, the PRT didn't know either, and so had no reason to make her sign such an NDA.
That don't prevent her from suing their civilian identities though, I don't think a NDA about Ward identities, would prevent her from suing their civilian identities.The problem is that they probably had her sign a blanket NDA for the Wards identities before they gave her the tour where she discovered that both Emma and Sophia were there, its a standard and reasonable precaution in case she managed to discover for example that Dean Stanfield, junior millonaire is in reality the gallant hero Gallant.
No, but as said above it would add a lot of extra steps to properly sue the PRT and Protectorate for epically failling in their supervisory role of a probatory Ward as well as using that relationship and the posterior actions to nullify the contract that chains Taylor to the Wards.
If they find a rule that doesn't allow a potentially dangerous parahuman to mix with others if they aren't sure that their abilities don't pose an inadvertent risk, for example emitting ionising radiation. They still couldn't force her to get tested, but they could make her take her lessons from a tutor via computer link.Anyone have any ideas as to how the PRT/Protectorate might force Taylor into power testing at some point.
What happens if she point-blank refuses and challenges them to fire her?Anyone have any ideas as to how the PRT/Protectorate might force Taylor into power testing at some point.
You seem to be deeply misinformed. This isn't how youth law actually works, at least in the real United States. Children in guardianships have both rights - not the same rights as adults, but rights nonetheless - and the protection of court oversight. They are entitled to their own court-appointed attorneys (specialists called guardians ad litem) and other protections to ensure that access to the courts is a threat with teeth. Legal guardians do not own children; children are not property that can be transferred. Guardianship is a privilege that can be taken away easily, far more easily than parental rights.You're forgetting that Taylor is a minor, and therefore not a person in the eyes of the law. She is instead a mere extension of her legal guardian, which is now the PRT because Danny is a gutless coward.
There is no legal recourse for Taylor, the entirety of the legal system is weighted against her. Youth Guard? They ultimately answer to the PRT, since its an actual Federal agency with enough pull to screw with the YG's funding and deployment. Child Protective Service? Even less power than the Youth Guard, and work directly for the state anyway, and so will always put the desires of the state before any necessity of the the minors (not people) they're supposed to protect.
Once again: Taylor stands alone. Help is not coming, the only one actually looking out for her wellbeing is herself, and every law in existence not only doesn't consider her an actual person, but is deliberately set up to be as actively malevolent and imprisoning as possible. Taylor is a minor, and worse, a female minor. As far as the state is concerned she is property of her guardian and has no actual rights. That she has powers just makes it all the more important for her legal owner to get her under control "for her own protection."
Taylor has no legal standing, no legal power, no legal presence, and her only actual route forward is to fuck off and disappear, because the PRT will, at some point, stop attempting to play nice and force her to comply. She is not a teenage girl that was nearly murdered by state assets, she is not a person with legitimate grievance. She is a number and a legal nonentity because the bureaucracy says so.
Taylor needs to remember what her Mother actually did, and act accordingly.
Per law as it is written? You are correct.You seem to be deeply misinformed. This isn't how youth law actually works, at least in the real United States. Children in guardianships have both rights - not the same rights as adults, but rights nonetheless - and the protection of court oversight. They are entitled to their own court-appointed attorneys (specialists called guardians ad litem) and other protections to ensure that access to the courts is a threat with teeth. Legal guardians do not own children; children are not property that can be transferred. Guardianship is a privilege that can be taken away easily, far more easily than parental rights.
Yes, I am correct, and everything you've asserted is certainly true is just you making stuff up that you think would happen. It's important to qualify your statements, otherwise people might think the nightmare scenario you've laid out of children being powerless property ripe for abuse by guardians is remotely true.Per law as it is written? You are correct.
As it actually gets applied? Far from it. Even less so when state law is trying to be used to rein in the state interests. And since this is Worm, parahuman law for minors is certainly even worse.