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kei
巡る 時 屁と 輝き 進もう



Gender: Gender:Male
Joined: 18 Oct 2004
PostPosted: Wed Oct 18, 2006 1:10 pm    Post subject:

I plan on doing so guys, thjanks all of you for your support, it means alot. But I guess that's true family for yah. ^_-

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FawkesFyre
Saving the World, one Kitty at a Time


Age: 46
Gender: Gender:Female
Joined: 28 Sep 2006
PostPosted: Wed Oct 18, 2006 2:25 pm    Post subject:

Lets not forget Defamation of Character Having to explain to a future employer why you were fired and convincing them of all the idiocy will not be a fun task.

Check out Cingular's job openings. Maybe there's something there you'll like. And if you do, I might be able to give you a little behind the scences info on the job. Wink

http://www.cingular.com/about/careers

Take care!

FF
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kei
巡る 時 屁と 輝き 進もう



Gender: Gender:Male
Joined: 18 Oct 2004
PostPosted: Thu Oct 19, 2006 11:23 am    Post subject:

Will do ad thanks for the help.

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Andsectoid
Router Monkey of DOOM!!!



Gender: Gender:Male
Joined: 18 Sep 2003
PostPosted: Thu Oct 19, 2006 4:33 pm    Post subject:

Silver Adept wrote:
Give 'em hell, Kei. Even an "at will" clause doesn't mean that they can fire you over something that stupid.

That is exactly what it means. “…any hiring is presumed to be "at will"; that is, the employer is free to discharge individuals "for good cause, or bad cause, or no cause at all," and the employee is equally free to quit, strike, or otherwise cease work.”
Georgia is an “at will” state and that is how things are handled. In addition “at will” cannot be utilized if it violates any of the following; a contract, public policy(Alabama doesn’t even have this one), or any anti-discrimination statutes.
http://www.bls.gov/opub/mlr/2001/01/art1full.pdf
I would check to see what the policy mandated dismissal process for the company is. If it’s a small company then there might not be any at all. If it’s a large organization then there will be very detailed routes to termination.

Federal anti-discrimination statutes would not cover anything I have read about in this thread. It only provides protection in the case of race, color, religion, sex, national origin, age, or handicap status.
I don’t think you have a claim in that department.

Hate to say it but I think you should accept your fate. For the wage you are making it would not be viable to sue the company for wrongful dismissal. Wrongful dismissal cases can only succeed if the company breached any terms of the contract of employment, or a statute provision in employment law.

Sorry to hear it happened and it happens to the best of us but the best course of action is to move on from here. Maybe to Atlanta. Mr. Green

:edit:
Personally I wouldn't want to work for an employer who pulled this crap.
:/edit:

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kei
巡る 時 屁と 輝き 進もう



Gender: Gender:Male
Joined: 18 Oct 2004
PostPosted: Fri Oct 20, 2006 3:21 am    Post subject:

Andsectoid wrote:
Silver Adept wrote:
Give 'em hell, Kei. Even an "at will" clause doesn't mean that they can fire you over something that stupid.

That is exactly what it means. “…any hiring is presumed to be "at will"; that is, the employer is free to discharge individuals "for good cause, or bad cause, or no cause at all," and the employee is equally free to quit, strike, or otherwise cease work.”
Georgia is an “at will” state and that is how things are handled. In addition “at will” cannot be utilized if it violates any of the following; a contract, public policy(Alabama doesn’t even have this one), or any anti-discrimination statutes.
http://www.bls.gov/opub/mlr/2001/01/art1full.pdf
I would check to see what the policy mandated dismissal process for the company is. If it’s a small company then there might not be any at all. If it’s a large organization then there will be very detailed routes to termination.

Federal anti-discrimination statutes would not cover anything I have read about in this thread. It only provides protection in the case of race, color, religion, sex, national origin, age, or handicap status.
I don’t think you have a claim in that department.

Hate to say it but I think you should accept your fate. For the wage you are making it would not be viable to sue the company for wrongful dismissal. Wrongful dismissal cases can only succeed if the company breached any terms of the contract of employment, or a statute provision in employment law.

Sorry to hear it happened and it happens to the best of us but the best course of action is to move on from here. Maybe to Atlanta. Mr. Green

:edit:
Personally I wouldn't want to work for an employer who pulled this crap.
:/edit:


It is my knowlage that there has to be a reason of polocy for termination for my friends bringing knives was thiers. But to involve someone who wasn't there for the incident. Is wrong. They can not fire you for that, firing me for not wanting to talk to fellow employees is also wrong, I was a shipper I did talk to to people I talked when I had free time that does not mean that i talked to people all the damn time. That doesn't fly well with me because I run out of things to talk about. Firing by asociation is also wrong, as a matter of fact it's illegal. So I know I can sue them for it. I have an uncle whose a judge.

They can not fire at will, you know why because any employee can claim discrimination for them not giving a proper reasoning.

Also, how do you involve someone in a bad situation which they weren't there for, there for know nothing of it. What deems that person to be fired. Nothing. So they can't fire. There no polocy broken by that person.

Moving on is not an option for me, right now Andy, they let a woman get away with sexually harrasing me, telling me I wouldn't know the difference between real sex and a blowup doll and telling me I should get laid.They let her still work there, all they did to her was repremend her and write her up. FOR SEXUALLY HARSSING A fellow employee, and insulting him.

Under no cercumstances is it ok to question talk about or insult somones sexuality in the work place. That is a huge policy braker. And I'm not going to let them be until she gets the proper punishment she derserves for those acts. There is no exception for that.

On the concept of discrimination just because the only ones so far is, race, culture, and disability. Dosen't mean that those are the only ones there are.

I will not be saticfied until I have my justice and she is punished properly, For the acts she commited on me.

Thank you for your input though. ^_^

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Hoth
Guitarist



Gender: Gender:Male
Joined: 10 Oct 2002
PostPosted: Fri Oct 20, 2006 9:22 am    Post subject:

Andsectoid wrote:
Silver Adept wrote:
Give 'em hell, Kei. Even an "at will" clause doesn't mean that they can fire you over something that stupid.

That is exactly what it means. “…any hiring is presumed to be "at will"; that is, the employer is free to discharge individuals "for good cause, or bad cause, or no cause at all," and the employee is equally free to quit, strike, or otherwise cease work.”
Georgia is an “at will” state and that is how things are handled. In addition “at will” cannot be utilized if it violates any of the following; a contract, public policy(Alabama doesn’t even have this one), or any anti-discrimination statutes.
http://www.bls.gov/opub/mlr/2001/01/art1full.pdf
I would check to see what the policy mandated dismissal process for the company is. If it’s a small company then there might not be any at all. If it’s a large organization then there will be very detailed routes to termination.

Federal anti-discrimination statutes would not cover anything I have read about in this thread. It only provides protection in the case of race, color, religion, sex, national origin, age, or handicap status.
I don’t think you have a claim in that department.

Hate to say it but I think you should accept your fate. For the wage you are making it would not be viable to sue the company for wrongful dismissal. Wrongful dismissal cases can only succeed if the company breached any terms of the contract of employment, or a statute provision in employment law.

Sorry to hear it happened and it happens to the best of us but the best course of action is to move on from here. Maybe to Atlanta. Mr. Green

:edit:
Personally I wouldn't want to work for an employer who pulled this crap.
:/edit:


I forgot to tell you.. umm your fired.

- on the other note.

'Sectoid is correct.

If alabama is like GA they can CAN you for any reason what so ever.

I got fired from a computer repair store because the owner of the store 'who was training me' told me to put stuff in a certain spot and fired me because i put it there. Now thats total BS, but hey I walked across the street and got another job the same day.

What you probably dont need is 2 years of paperwork and court lawyer fees and paperwork and more paperwork for $9/hr. IN the end. you will not get your job back and you will still hold on to the BS that you were fired.

Just move on.

And welcome to Atlanta! Smile

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Andsectoid
Router Monkey of DOOM!!!



Gender: Gender:Male
Joined: 18 Sep 2003
PostPosted: Fri Oct 20, 2006 9:43 am    Post subject:

kei wrote:
Also, how do you involve someone in a bad situation which they weren't there for, there for know nothing of it. What deems that person to be fired. Nothing. So they can't fire. There no policy broken by that person.


That is exactly what the means. They do not have to give a reason. All they have to say is the company does not wish to continue your employment.
The policy exception dictates that they cannot terminate your employment if the termination violates company policy. You do not have to break a policy to be fired.
You can be fired for any reason they want or no reason at all.
http://www.osha.gov/dcsp/alliances/regional/reg4/tool_kit/tool_kit_ch6.html
But you might be able to collect unemployment if there is no just cause because the termination was at no fault of your own.

kei wrote:
Moving on is not an option for me, right now Andy, they let a woman get away with sexually harrasing me, telling me I wouldn't know the difference between real sex and a blowup doll and telling me I should get laid.They let her still work there, all they did to her was repremend her and write her up. FOR SEXUALLY HARSSING A fellow employee, and insulting him.


This would only pertain to your termination if you were dismissed because of a sexual harassment claim. Since you did not make a sexual harassment claim before you were terminated I doubt there could be a claim.

I still fail to see the basis of a discrimination claim. The law is very clear on the definition of discrimination. Your dismissal was not based on your race, color, religion, sex, age, national origin, and status as an individual with a disability or protected veteran.
http://www.dol.gov/compliance/topics/termination-discrimination.htm

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Silver Adept
Otaku Lord


Age: 42
Gender: Gender:Male
Joined: 20 May 2003
PostPosted: Fri Oct 20, 2006 1:46 pm    Post subject:

I see that I've made bad and not correct statement. Sorry. Still, such an "at will" termination should be a springboard for them to put a policy in place, if it isn't there, so that they can point to good reasons for it, rather than cheesing people off. Not to mention, if there are discipline processes in place at the copmany, then those should have been followed first.

Ah, well. I stand corrected, althoguh I wish it were possible to force an employer to justify their termination decisions.

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Andsectoid
Router Monkey of DOOM!!!



Gender: Gender:Male
Joined: 18 Sep 2003
PostPosted: Fri Oct 20, 2006 1:55 pm    Post subject:

Silver Adept wrote:
I wish it were possible to force an employer to justify their termination decisions.

I agree. "At will" is a very powerful tool for employers(and employees). Luckily employers rarely utilize it in this way because of the cost of training new employees and retaining good ones. That is also why large companies have a detailed policy on reprimanding and terminating employees. Like I said I wouldn't want to work for a company that pulls this crap.

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kei
巡る 時 屁と 輝き 進もう



Gender: Gender:Male
Joined: 18 Oct 2004
PostPosted: Fri Oct 20, 2006 3:28 pm    Post subject:

Andy I will be quitre frank with you on this, they fired be y saying i was part of a situation that I wasn't even there for, I was off that day, they fired me because I was asociated with my three friends, but that day I wasn't therwe to associate with them. So they can't just say youtr fired for that. because I can claim discrimination on the fact that if it was a will firing that they simply didn't laki me.

THAT is discrimination, you can sue for any discrimination it does not have to be just of those 5 or 6. And it doesn't have to be because of my firing or involved with my firing. They fired me for the following statement below.

But I am sueing them for suspending me from work for a week in half and then firing me for it. They cliam i wes part of the situation even though i wasn't there for it. And that is not ajusticiable reason that they made, so I can sue them for that.

And since they stated that's the reason, even after thwt said I could have that day off and they knew I wasn't there, and still turned back around and said I was part of the situation i wasn't there for. Then I have cliam of wrongful temination. That is what I'm sueing them for.

Then I can turn around and start a claim for discrimination saying that they fired me for my sexuallity, age, race, disibility ect. because they terminated with out reasoning. Our work polocy states in our hand book that "you will not be fired with out proper reasoning.
that was in thier hand book.

You may fail to see the cliams and that's fine but I'm still sueing. ^_^

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