crazy jig's un-employed everything must go sale!!!

Discussion in 'General' started by jigmoore, Mar 30, 2007.

  1. YamRZ350

    YamRZ350 Nicorette Dependent

    The day you threatened the VP you were done. That kind of thing (in my company at least) is never forgotten.
     
  2. It does not look like wrongful discharge. Taking your words in this context shows that you admittedly have a combative and confrontational demeanor at work, which did not fit into the organizational culture. They have a strong case to support their position. They can clearly show they have warned you about this and you didn't take the warnings seriously.

    Best thing to do is move on. Don't use your former manager as a reference, and be up front with prospective employers that you left as a result of an unfortunate disagreement. And may I suggest that you try to be less combative in your next position? :D
     
  3. Hyperdyne

    Hyperdyne Indy United SBK

    Jig -

    Here's the lowdown... (Sorry I couldn't respond earlier but I just accepted a new position as head of HR for a company in Louisville...)

    "At will employment" is simply an employment strategy that allows a company to terminate your employment without cause, at any time. Now, the purpose behind this method goes very deep into various legal mumbo-jumbo, but the sole purpose is be able to remove an employee without them dong irrepairable damage before they go through the proper termination process. For example, stealing confidential documents, poisoning other employees, destroying customer accounts, etc... As well, there are other reasons including layoffs and such where there is no time for due process. However, at will termination is flawed because it does not prevent a wrongful termination suit or, and most of all, the terminated employee applying for unemployment benefits.

    As far as a wronful termination suit, forget about it. It's not worth the time and the expenditure to fight the company. Even if you retained counsel pro bono, your still looking at a 6 mos minimum before you even see hope of a courtroom. The discovery process alone will take that long.

    The upside is you can apply for unemployment. Even if you were fired, you can still apply. There is a 50/50 chance you can win. The judge will hear both sides. Keep in mind that all evidence against you will come out. However, if you never signed any document acknowledging the performance counseling, your chances significantly increase.

    My thoughts are that "your management style doesn't fit" is a poor excuse for termination. One that I personally have NEVER seen an unemploment judge accept as just cause for termination. In most cases, unless they have proof your were a clear danger to other employees, the judge will ask for clear proof that you violated a policy that you were formally aware of said policy (usually a signed copy in your hire paperwork). Or, you failed to succeed upon a performance improvement plan. But this failure must be documented.

    My ultimate suggestion is to follow through with unemployment. Don't think of it as being a bum or lazy. Think of it as you taking benefit of something you pay for anyway. Use that time to look for a position that suits you. PM me if you need help with a resume or job hunting tips (I help racers for free). If you decide to go through the unemployment process, I'll help you with that too.

    I wouldn't kick in the yard sale just yet if I were you...

    Good luck..
     
  4. WERA74

    WERA74 Poser and proud of it!

    Sounds like what I said to Skippy Salinius. Young punks...:D
     
  5. jigmoore

    jigmoore Banned

    it was the other way around. he threatened me. but i agree...my lack of respect for dickheads in high positions doesn't bode well for me.
     
    Last edited: Apr 1, 2007
  6. jigmoore

    jigmoore Banned

    you're probably right...and it is a fine line i am trying to battle.

    in automotive quality - arguing (debating) is your job. everybody's job has a portion that deals with problems. my entire job is problems. pointing them out internally or at suppliers, or being asked to solve them by the customer. you have an obligation to protect your company by not accepting costs/responsibilities for problems that aren't your fault while trying to solve the customer's problems and actually help them with their problems.

    i've been doing it for 15 years now and am just burned out on it. i don't know which came first - my combative nature or the job. maybe they just found each other. i don't know....either way i'm getting out.

    i'm starting a photography business. local event photography. go to middle school/high school baseball/football/concerts/plays. hand out business cards, take pictures, post them on a website, and parents buy them. i already have the equipment and experience. i'm just wrapping up the website details this weekend.

    even if i do snap to my senses because i'm sick of eating mac and cheese and get back into my field and actually get paid decent...i will still keep the photography thing going to see where it pans out. i wouldn't be in it to make a fortune...just to be in a business where customers are happy, not arguing.
     
  7. RacerGirl117

    RacerGirl117 Well-Known Member

    Though I only work for an employment & labor lawyer as a secretary, I do know that anyone can file a claim with their local EEOC or Division of Human Rights. If your claim isn't dismissed, then you can think about filing a lawsuit. Doesn't matter if you're "at will" or not. You can still file a claim/lawsuit. Doesn't make it right and more times than not the governing body will find for the company, but there have been times where the case isn't dismissed and people pursue further damaages. We had one client that had to pay someone $15k for a lawsuit for termination based on age all because the company did not have complete documentation when it came to this one employee.
     
  8. RacerGirl117

    RacerGirl117 Well-Known Member

    Wouldn't he have sign a non-compete clause upon hiring?
     
  9. Shyster d'Oil

    Shyster d'Oil Gerard Frommage

    The key to your scenario is that the employee alleged age discrimination. Without an allegation of illegal discrimination you never get to the EEOC?Division of Human RIghts.
     
  10. jigmoore

    jigmoore Banned

    nope.

    although i could probably get a job with one of the customers...i moved down to tier 2 because i was so sick of tier 1 work. talking to people at gm/ford is just plain stupid. i hated it.

    i've done that before, though (gone to work for the customer...it's not as rewarding as i thought it would be). you end up realizing you tood the job because of vengance rather than because it was a good fit.
     
  11. RacerGirl117

    RacerGirl117 Well-Known Member

    This is true.
     
  12. oldguy

    oldguy NC novice old dude

    Jig, I need a quality guy at my place. I just bought a new Zeiss CMM and I don't even know how to turn it on. Lots of opportunity even if the boss is an asshole. You can even work contract until you find a different job if you want. And we're only an hour and a half from Nelson. :D
     
  13. Hyperdyne

    Hyperdyne Indy United SBK

    Jig only has one more year before he's ina protected class. You can file with the EEOC if you feel as though you have been discriminated against because of race/religion/age, etc... In Jig's case, he could pick a number of topics... Such as he's Jewish and all of his superiors are Catholic. Now, whether or not the EEOC accepts the charge is up in the air.

    Any type of non-compete agreement is difficult to go to trial over if you terminate someone. Simply because the burden of proof is on the employer to show how the terminated employee's hiring at a competitor will subject them to losses or harm.
     
  14. jigmoore

    jigmoore Banned

    the HR mgr and my boss both said they would not dispute an unemployment benefit claim.....but what do i put for reason for seperation if i apply?

    are you talking about if i go for a wrongful termination suit? or are you talking about unemployment decision?

    what does that mean?
     
  15. Hyperdyne

    Hyperdyne Indy United SBK

    Minority status. A protected class is a minority such as hispanic, african-american, female, etc... Any status that is essentially non-caucasian, male, and under the age of 40 is a protected class. This means that at the age of 40, you will gain minority status and you are protected by the EEOC and the rights that govern minority employees.

    If the HR manager explained to you that they would not appeal your unemployment claim, look at it as a semi-paid vacation enabling you to get the job you can retire from. Unhappy and earning a living at something you don;t wish to put your heart and soul into only makes employees angry. Not a fun way to spend the next 25-30 years of your life.

    Honestly, I'll be more than happy to help any way that I can... :up:
     
  16. Shyster d'Oil

    Shyster d'Oil Gerard Frommage

    Beg to differ. A protected class can involve a white male. The only issue is if you are treated differently because of your race, sex, national origin etc.
     
  17. Hyperdyne

    Hyperdyne Indy United SBK

    I thought I included that... Guess not. Dand lawyers catch everything :)

    BTW... Your state's disability fund is giving me headaches. I really need to start appealing some of these claims.
     
  18. Spicoli

    Spicoli Cannoli Owned

    I guess I'll be the first to point out:

    Doesn't this thread belong in the classifieds? :D

    Just kidding, sorry to hear about the job, Jig. I'm kinda in the same boat, I hate what I do for a living, dread getting up Mon - Fri to come here, and the weekends are always way too short. I wish we could structure our home finances to live on my wife's income! :D I almost hope that I'll get laid off now that our company has been bought by another, but I know we're good here at least through July 1...
     
  19. Shyster d'Oil

    Shyster d'Oil Gerard Frommage

    The State mandated disability insurance? Good luck. The burocracy is out of control. If you ever have a litigated claim (or a potential litigated claim) in New York of any sort give me a call. I'll be happy to shoot the breeze about it.

    New York is actually not all that bad for employers in some ways. For instance, I'm not sure if there is any state that allows employers such unfettered rights to fire employees as does NY.
     
  20. Mongo

    Mongo Administrator

    burocracy?
     

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