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Andsectoid
Router Monkey of DOOM!!!



Gender: Gender:Male
Joined: 18 Sep 2003
PostPosted: Fri Oct 20, 2006 4:26 pm    Post subject:

kei wrote:
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.

I mentioned that they could not fire you if your termination conflicted with their policy. I might have missed it but I do not recall you mentioning this exert from the handbook in previous posts. All it says is "proper reasoning"? That is a very vague term that can affectively mean anything in such a context. I would look further and see if there is any mention of proceedings that they must be adhere to leading up to termination.

If you are suing on the basis of discrimination you have to prove to the court that discrimination in the work place leaded to your termination. When suing for discrimination the burden of proof is on you to show that your termination was a result of discrimination. Discrimination cases are very very hard to win unless you have documented proof that decisions were made based on legal criteria of discrimination. Remember that there is a big difference between being fired based on merit and discrimination. Discrimination cases are only successful if there is documented proof that a personal attribute of the employee that is out of the control of the employee lead directly to termination.

Anytime you are suing a company for anything dealing with employment you have an uphill battle. The amount of malice that will be generated by such fruitless actions will only cause further strife for you. Sorry it happened but I wouldn’t threat over it too much. Life is too short.

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kei
巡る 時 屁と 輝き 進もう



Gender: Gender:Male
Joined: 18 Oct 2004
PostPosted: Tue Oct 24, 2006 9:54 pm    Post subject:

Just got word from my lawyer that i have a very good case going for me one that i didn't even know about util recently. A Privocy agreement.

[The policy of the agreement states that while employeed noone other than you and your supervisor, are susposed to know your current work status. This means that if you are suspended or terminated they have to notify you personally. They can not tell anyone other than you, your work status, or they breech that agreement. And in a court of law privocy acts are no laughing matter. It is a sirious offence.

And My boss didn't notify me personally instead he told my coleges to tell me that I was suspended and termintaed. And not just with me. With the 3 others that were suspended as well their privocy act was also breeched because other people were in the room while he was giving his dicission to terminate them.

So all together, there has been a total of 4 privocy agreement that have been breeched/broken.

So meand the others are going in on a joint case of breeched privocy agreeement.

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FawkesFyre
Saving the World, one Kitty at a Time


Age: 46
Gender: Gender:Female
Joined: 28 Sep 2006
PostPosted: Thu Oct 26, 2006 11:04 am    Post subject:

Just keep us posted as to what happens with all of this. I agree with you in that you do actually have grounds to sue. People sue companies all the time for reasons that do not fall into the standard 5-6.

Your situation still makes my head hurt. I can see being blamed for something that you didn't do and possibly getting fired for it. (I've been repremanded for something like that b4) But when its on record that you were not even physically there and you're getting blamed is just too much. Ok, it could still happen...like if something is stolen...but bringing a weapon to work and making another one while at work is kind of a no brainer. Duh!, you have to be there in order to be guilty of it!

If you say your uncle is a judge, then I would see if you can get him to handle a lot of this...or at least advise and point you in the right direction with your lawsuit. He can most likely help you with finding a lawyer to fit with your budget too.

Just make sure to get an idea of what this will cost you before you proceed just in case this goes to court and you lose. Its better to know upfront how much the lawyer charges and how much you might be looking at having to pay for court costs.

If you intend to try to get that woman fired, be prepared to get hit w/ a countersuit from her. She did something wrong and was punished for it...attacking her after the fact may not be a wise choice. But using that situation as an example of the company's discipline policy would be a better option. I'm not saying that what she did wasn't wrong but, the company considers it a closed issue. I don't know how long ago this happened but, going after her now is a separate case in itself and probably isn't worth pursuing.
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Andsectoid
Router Monkey of DOOM!!!



Gender: Gender:Male
Joined: 18 Sep 2003
PostPosted: Thu Oct 26, 2006 3:06 pm    Post subject:

Sweet. Those can be juicy cases. :rubs hands like Mr Burns: "Excellent!"

Do you know what kinda case you are going for? A large part of civil trail lawyers usually don't charge you anything legal fees unless you win the case in court. See if the lawyers will work on a contingent fee basis so they do not get paid unless you win.

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Blackmage
Intragalactic Acquisitions Agent Mew



Gender: Gender:Male
Joined: 02 Feb 2004
PostPosted: Thu Oct 26, 2006 5:09 pm    Post subject:

Huzzah for breach in policy!

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