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Last edited by charvelguy; 11-03-2013, 07:33 PM. -
I've never been denied, but had to defend an appeal once for my employer.
In California it was strictly a Labor Board deal - no lawyers allowed. There was a hearing before a "judge" where we brought in the guy's timecards, on which were written the excuses he'd given each time he'd called in sick.
He missed 27 workdays in a 6-month period, then when we fired him for excessive abscences, he filed claiming that we'd laid him off due to lack of work!
The guy basically sank himself by posturing with the judge, and I had the records to prove my point.
He tried to have his roommate as a witness, to say he'd called in on those days and there was no work for him. I asked her if they'd used a speakerphone or if she was on an extension. She said no, and then I said "So if you only heard his side of the conversation, then how can you testify that I told him there was no work? Maybe HE told YOU that to placate YOU." She was visibly unsettled by that idea.
Anyway, we prevailed, but if your previous employer is trying to deny you, I imagine someone would need more specifics to tell you what your options and rights are. Probably someonbe familiar with your state's system. For example, I'm familiar with California's system, but here in MS there isn't even a Labor Board in existence. Of course we don't have DMV here either, you go to your county tax colector's office to pay titrle and registration, and go to the Highway Patrol station to get a driver's license.
Sorry, I guess this is no more than an anecdote, not much use...Ron is the MAN!!!! -
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Yeah, that's a little different situation than I'm familiar with. Sounds like you might want to consult with an attorney there. If they really are bringing in illegals to save money, or if you were the victim of a political hit, either might help you. Wrongful termination would most likely not be in the labor board type of system, but would be a court matter.
Good luck pursuing that, I hate to see you get railroaded like that. I hope you can get some money out of them for doing that.Ron is the MAN!!!!Comment
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That doesn't sound good. I gues you have to measure your chance of success against the value of that employment reference. If people are going to lie to keep their jobs and that would prevent you from winning your case, then you might be best off cutting your losses with unemployment and a good reference.
Unfortunately for you, they're making a politically smart move by coming out with their immigrant labor policy. That being the "in" thing to do right now, they might well get a push such that local politicos aren't worried about you getting the short end.
Well, make some calls and see what you can do, but you don't want to achieve a Pyhrric victory; do whatever will benefit you most, even if that's letting it go, and taking the benefits and a good reference.Ron is the MAN!!!!Comment
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The only recourse you might have is if they violated their own handbook. If you think you have a case contact your states dept of employment securities and they should have some free independent legal council that could answer questions for you.Comment
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You didn't miss anything... I went to two of them - not much in the way of SUPER deals.Originally posted by charvelguy View PostComment
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They had a nice Gibson white V on sale that was sweet but even at a 1000, not enough to make me jump.Last edited by charvelguy; 11-03-2013, 07:36 PM.Comment
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On one hand, it sounds like that's the core issue; you were a team leader or department/group leader, but that job title was eliminated, yet you were still assuming the responsibilities of the position? Did that involve production/work schedules?Originally posted by charvelguy View Post
On the other hand, it sounds like a Chain Of Command issue - your boss is your boss, the plant manager is his boss. If your boss was giving orders that ran contrary to what the plant manager ordered, that might be a policy violation and a legal issue. I'm sure there's a more technical "legal" term for it, but it boils down to sabotage.
If, on the other hand, you were not following your boss' orders, that's legitimate grounds for termination, though as you said they do retain the right to let you go for whatever reason they deem.
Be aware that legal action usually doesn't look good on a resume. It's tough to find a job when every potential employer knows you tried to sue your former employer. They don't have the time to hear the transcripts of the whole issue, so they'll just pass you over.I want to depart this world the same way I arrived; screaming and covered in someone else's blood
The most human thing we can do is comfort the afflicted and afflict the comfortable.
My Blog: http://newcenstein.comComment
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In my almost 57 years, I have been had many times by employers. It doesn't matter how smart you are; how well you know the job; how many compliments you get or whether you are "invaluable". It all comes down to whether you and your boss see eye to eye. And if you don't, you are out. It's that simple. "At Will" means "At Will" for both sides. And trying to fight that is, for the most part, a losing proposition.
I am a true ass set to this board.Comment
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Just look on the positive side. You needed to get the fuck out of there anyway! I have had this happen to me twice and things only turned out better each time. I never got fired but I did get transfered the first time, I was promoted 3 times at that job and I quit the second time when it fucked them and went to work for a former employee.
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