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ForumsDiscussion Forum → Sick & Fired
Sick & Fired
2009-10-31, 8:06 AM #1
I was fired from my job yesterday. My wife & I had the family over to celebrate last night. This morning I got up early to create a blog & go all emo & tell the world about it. Feel free to read & comment.

http://hax-n-***.blogspot.com/

Note: The word "***" is apparently offensive in some way even though it's on every television station other than Disney. So, if you could please replaced "***" in the URL with another name for a male donkey (e.g. jack-***).
? :)
2009-10-31, 8:29 AM #2
If this was a career rather than a job, I would hire an attorney and file a wrongful termination suit based on the information that you have. Bleed the company for money and then when they give you your job back (because they have to), quit.

I see this happen almost monthly as a result of investigations we process. Usually the employee in our organization doesn't win the suit because the evidence stacks against them (eg: Porn on their company laptop == terminated), but in this case I could see you putting up a good fight if you think it's worth it.
-=I'm the wang of this here site, and it's HUGE! So just imagine how big I am.=-
1337Yectiwan
The OSC Empire
10 of 14 -- 27 Lives On
2009-10-31, 8:54 AM #3
Yeah get an attorney and find out what are your chances.
2009-10-31, 11:34 AM #4
I sent an email to a lawyer that my father has dealt with in the past to get his opinion on the matter. I'm not sure if it was a career or if it was a job. However, I had intended to go back to school next year & utilize their tuition reimbursement program so that I could continue my education. The company has corporate positions that I would be eligible to apply for after I finish my degree so I suppose that it's possible that it could've been a career. Thanks for the responses so far. Most people that I've talked to seem to think that I was treated unfairly this situation. I guess the next question is whether or not what they did was legal.
? :)
2009-10-31, 11:45 AM #5
If it was illegal (and it sounds like it to me, as a layperson) they're ****ing stupid.

Good luck to you. :)
2009-10-31, 2:04 PM #6
The big thing you need to look at is if the state in which you live is considered "at will" or not when it comes to labor. Minnesota for example is an at will state, which means that the employer can terminate an employee for any reason not protected by other legal precedence such as race, sex, or sexual orientation.
-=I'm the wang of this here site, and it's HUGE! So just imagine how big I am.=-
1337Yectiwan
The OSC Empire
10 of 14 -- 27 Lives On
2009-10-31, 2:39 PM #7
Your employer is entirely wrong. Nor does FMLA apply.

FMLA is the Family Medical Leave Act. What it means is that YOU may use YOUR sick leave to miss work if your spouse, child, or some other dependent is ill. It has nothing to do with when you are yourself sick and should never have been mentioned. The very fact that it was brought up screams incompetence on the part of your management.

Second, according to their own policy, if you missed 3 days you should get 3 points (I'm counting Wens, Thurs, and Fri - Did you go back Tuesday of the following week? Do Sat and Sun count?), and receive an Informal Warning at worst. Their policy does mention missing 3 days without notification. But I assume you called them each day. If you did not, then they are justified in firing you.

The question you have to ask now is, do you need the money bad enough to continue working for these *******s? Can you find another job at all in this economy?

And have you tried going up the chain yet?
2009-10-31, 2:46 PM #8
Also the only life lesson you should have learned is 'Bureaucracy has no soul'. From reading the rest of it, with all that caseworker nonsense, I get the sense that this is the sort of place where managers don't actually manage. They are just drones who read from guide books. Every time they try to do what is fair and right, instead of what's listed in their little books, their superiors come down and ***** slap them.

There are plenty of lawyers who would love a case of a business firing someone for getting the flu during a pandemic.
2009-11-01, 9:27 AM #9
Quote:
The big thing you need to look at is if the state in which you live is considered "at will" or not when it comes to labor.

I live in Kentucky which is not a "right to work" state.

Quote:
Second, according to their own policy, if you missed 3 days you should get 3 points (I'm counting Wens, Thurs, and Fri - Did you go back Tuesday of the following week? Do Sat and Sun count?), and receive an Informal Warning at worst.

I was out for 4 days. I went back Wednesday of the following week. Saturday & Sunday don't count. Monday was a holiday.

Quote:
Their policy does mention missing 3 days without notification. But I assume you called them each day. If you did not, then they are justified in firing you.

Yep. I called them each & every day.
? :)
2009-11-01, 6:18 PM #10
Quote:
it’s a productivity-based company


...as opposed to...? :S
Cordially,
Lord Tiberius Grismath
1473 for '1337' posts.
2009-11-01, 6:32 PM #11
Originally posted by Lord_Grismath:
...as opposed to...? :S


any company in the American Auto Industry?
My favorite JKDF2 h4x:
EAH XMAS v2
MANIPULATOR GUN
EAH SMOOTH SNIPER
2009-11-01, 7:30 PM #12
You can miss work when you're dead. Next time go to work.

(yes this is a fakepost)
Code to the left of him, code to the right of him, code in front of him compil'd and thundered. Programm'd at with shot and $SHELL. Boldly he typed and well. Into the jaws of C. Into the mouth of PERL. Debug'd the 0x258.
2009-11-01, 8:33 PM #13
Originally posted by Lord_Grismath:
...as opposed to...? :S


Working for the federal government? The CA state government? Any of our now-socialist banks?
2009-11-01, 9:11 PM #14
Originally posted by Lord_Grismath:
...as opposed to...? :S


Some very specific jobs are not really based on the amount produced, just on you being there to do something when it needs to be done. For example, a security guard, firefighter, certain managers, etc. Maybe that's what he's referring to (although I'm just guessing).
Warhead[97]
2009-11-01, 9:15 PM #15
Soldier, Helicopter pilot, Whale Biologist?
2009-11-01, 9:42 PM #16
cashier, photo guy, pharmacist. and thats just a drug store.
My girlfriend paid a lot of money for that tv; I want to watch ALL OF IT. - JM
2009-11-02, 6:12 AM #17
Originally posted by Lord_Grismath:
...as opposed to...? :S

What I mean by "productivity-based" is that I work for a company where I'm required to hit a daily quota. I'm not interested in sharing the name of my employer at this point & it would probably be a mistake to do so, but I've already stated in the past that I work in the computer repair industry so I suppose that stating it again in this thread doesn't really matter that much. I'm required to diagnose a minimum of 8 laptops & repair a minimum of 8 laptops per day. So, in theory it's possible that I'm working on 16 computers in a day. These repairs range from anything between soldering DC jacks, reflowing RAM sockets & replacing external & internal parts as well as software-related issues. I was also responsible for training 2 people with no previous computer experience to diagnose & repair computers at the same quota with a 3 week deadline & I was one of the "knowledge-base" admins via our SharePoint setup (writing articles, etc.). I had to hit my quota despite these things if I was ever to be eligible for a promotion. As you can see, I had a lot of responsibilities other than things that actually contributed to my productivity so the last thing that I needed was to go to work & potentially destroy the stats for myself as well as my team.
? :)
2009-11-03, 9:27 AM #18
I posted a copy of my peer review request. Tell me what you folks think. I understand that my "list of demands" is a little unrealistic but as it states on the form, you can't be given more than you asked for.
? :)
2009-11-03, 11:08 AM #19
I liked it. My only worry is you may take away the advantage that the element of surprise gives you seeing as how your manager is "opposing you".

Keep us appraised of the situation - it's gonna get tasty!
2009-11-03, 12:38 PM #20
Quote:
My wife & I are also toying around with the idea of starting our own business. She’s wanted to open her own restaurant for quite some time (she’s become quite the cook) & I’ve had various other ideas of my own (computers, photography, programming or web-design). This may end up being the perfect opportunity for us to do something like this.


:) :) :D :D :) :)
2009-11-03, 1:26 PM #21
Good luck. I have been wanting to add that, in my experience, when people are fired there is usually a reason and an excuse. I wonder if what you were told was the "excuse".
"I would rather claim to be an uneducated man than be mal-educated and claim to be otherwise." - Wookie 03:16

2009-11-04, 7:52 AM #22
I was told 2 days ago by a friend of mine that works for the same company that his supervisor told him that the reason that was provided to me on my "Involuntary Separation Notice" wasn't actually the reason at all but that it's the only grounds in which they could find to terminate my employment. However, I didn't hear this with my own ears & while this will be in the back of my mind when I go in to the peer review, I can't say that I can put much substance in to it since there's not yet any evidence.

I can't even begin to tell you how much corruption goes on in that place. As a matter of fact, at the risk of looking like a disgruntled employee, I'll probably eventually be posting quite a few of these things on my blog as well on "The Consumerist" if of course they don't accept my demands. I've wanted to do this for quite some time because much of it's quite shocking (covering up the discovery of child pornography, destroying incriminating evidence in a separate FMLA case, etc.) but the company publicly went after the last person that did such a thing & I definitely didn't want to do it while I was in their employment.
? :)
2009-11-04, 8:14 AM #23
Originally posted by Mentat:
(covering up the discovery of child pornography...)


That's illegal here. (It would count as destroying evidence)

I sort of assume it is where you are too... maybe?
2009-11-04, 8:56 AM #24
I don't want to go in to any of that at this point but let's just say that I'll probably be posting the email that I sent to my human resources department complaining about the evidence at some time. However, if I had realized at the time that the incident wouldn't be investigated & that proper procedure wasn't going to be followed (turning the unit over to corporate & calling the authorities), even after submitting the complaint to my human resources department, I would've just done so myself. However, this is a bit off topic I suppose & I probably shouldn't be talking about these things until I post them.
? :)
2009-11-04, 8:58 AM #25
Fair enough, I was merely remarking on the fact I'd expect that not only to be morally reprehensible, but VERY illegal.

Much like what they appear to be doing to you for that matter :o
2009-11-04, 9:05 AM #26
I would also assume that it's illegal but I couldn't say for sure. I'm just looking through the hundreds of emails that I have been sending to my home for the past 3 years so that I can possibly build a case against my manager & his ability to be unbiased (he will be against me during the peer review). I suspect that he's aware of many of the complaints that I've had about him over the years & that it's unlikely that he can be fair in the peer review. I'm at least going to attempt to show to the panel that he's made a multitude of bad & borderline illegal decisions & that in itself should be enough to have him dismissed from the panel.
? :)
2009-11-04, 10:07 AM #27
Woo! I hope you give 'em hell.

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