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  1. #61
    controlador del universo
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    seems like you can get fired for alcohol in the system too at work...

    but another answer is weed's illegal, alcohol isn't
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    AwwWwWwWwWWW.....I thought it gonBE HE MAN!!!!!!
    AwwWwWwWwWWW.....I thought it gonBE HE MAN!!!!!!
    AwwWwWwWwWWW.....I thought it gonBE HE MAN!!!!!!
    AwwWwWwWwWWW.....I thought it gonBE HE MAN!!!!!!

    [QUOTE=hemann82]
    [QUOTE=hemann82]watch this video[/QUOTE]

    [QUOTE=redzero]Watched the video[/QUOTE]

    [QUOTE=hemann82] watched a random youtube video because i told him to [/QUOTE]

    [QUOTE=redzero]Wait, is that what you are going with? It was two minutes long, so how is that some feat?[/QUOTE]

    [QUOTE=hemann82]/hemann [/QUOTE]

    [QUOTE=redzero] Well, when [B]one's[/B] desperate like [B]you [/B]are, [B]they'll[/B] resort to anything.[/QUOTE]

    [youtube]4SMDOq8645o[/youtube][/QUOTE]

  2. #62
    I can live with it JoeChalupa's Avatar
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    seems like you can get fired for alcohol in the system too at work...

    but another answer is weed's illegal, alcohol isn't
    Exactly. Best practice in Texas is document everything when it comes to work issues.
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  3. #63
    Boring = 4 Rings SA210's Avatar
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    Employment contract? Don't know about the "at will" thing, either.

    "At Will" doesn't matter in unemployment cases, at least here in Texas.

    He may have been demoted in lieu of being fired, which is very common. Them not having a paper trail, write-ups, etc helps him whenever it does come to an unemployment case. Tell him to make sure he's following all procedures. When they fire him, if they do so, employers most guaranteed win is "policy violation".

    Bosses like to brag that they will contest such matters and they actually do contest them, but that doesn't mean they will win. They mostly win because the employee doesn't know how to fight them or the employee gives up and quits.

    No documentation, no steps followed for demotion, or followed to let him go , should they do so...is a win on the employees part in an unemployment case.

    It's best to let them fire him rather than he quit though, although it's possible to win a case if you quit, it's much more difficult.

    There are many ways in which a company acts cocky and screws themselves over in unemployment cases.

    An employer once fired someone by calling them in for a meeting while the employee was at lunch, then the employee filed unemployment, then the employer lied and said he wasn't firing him actually, that he was simply suspending the employee for a week (because employee noted in filing that employer didn't follow proper steps, no write-ups to fire). Well even though he lied and actually did terminate, the employee won because a prior case set precedence, saying if anyone is suspended for more than 3 days it can be viewed as termination and loss of wages beyond responsible means. Employer lost Morons

    At Will means you can hire and fire at anytime without notice, that doesn't mean they don't have to pay unemployment. 2 entirely different things.

    I'd suggest have him make sure he follows all policies and procedures, control his drinking, and if he does get written up, expect at least 3 in a row in very close time to each-other and make sure he writes on all the forms that he does NOT concur with what is says and to get copies of them (which they may refuse to give him). He should even take a tape recorder in his pocket for everytime he meets with them. I know it's perfectly legal to use a tape recorder without their knowledge here in Texas, not sure wherever he is, but it's a life-saver, believe me, it could have helped him for when they told him his job was not in jeopardy.

    Good luck
    Last edited by SA210; 05-23-2012 at 05:26 PM.
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  4. #64
    You Get What You Pay For
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    I'm no expert-but I did stay at a Holiday Inn Express and;



    Well, I don't know what kind of work he does so that may be a factor but from what you described-your friend needs to fight this demotion and consult a lawyer asap.

    #1) This company already made a major mistake by allowing and/or actually encouraging this employee to seek help with his addiction---and then punishing him for doing so.

    #2) He had no issues prior to this and there is no documentation of any issues--yet this company demotes him? Based on what?
    What was the reason given for being demoted? If there were no issues related to his alcoholism and his performance was not affected and he has actually sought help--then this is another mistake. A company cannot punish someone for seeking help from an addiction.

    A good lawyer will take the case on a contingency basis if he believes he can win some damages $$ for his client.

    If and when he retains a lawyer and the company hears about this--they may retaliate against him and this would be yet another claim $$$ he could make against this company.

    Some very important things your friend should keep in mind if he pursues a lawsuit;

    #1) You have to be squeaky fuckin' clean in your job no matter what happens--because as soon as the company finds out they will send out the goon squad to find shit on him. Anything can be used (he took an extra two minutes on his break, he was using the internet at work, he was 40 seconds late to work, he flirted with a secretary,etc)

    #2) Document everything and/or record it....if a supervisor makes a comment about the case, a veiled threat, a suggestion of finding a new job, etc..

    #3)Do some legwork and see if the company has done this to others---or on the flipside---if others have had the same issue and were not demoted or were actually promoted instead. If these people were of a race/ethnic group different from his---the lawyer could pursue another avenue and cite a pattern of Bias against his group.

    #4) Make sure the rehab facility provides documentation, letters of reports from experts,etc...

    I'll probably think of a few more things if you are interested.

  5. #65
    i hunt fenced animals clambake's Avatar
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    you're kidding, right?

  6. #66
    You Get What You Pay For
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    you're kidding, right?

    Who are you asking?

  7. #67
    i hunt fenced animals clambake's Avatar
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    you

  8. #68
    You Get What You Pay For
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    Ok.

    Kidding about what?

  9. #69
    i hunt fenced animals clambake's Avatar
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    all that ghost chasing advice.

  10. #70
    You Get What You Pay For
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    all that ghost chasing advice.

    You lost me, I don't understand what ghost chasing advice means.

  11. #71
    i hunt fenced animals clambake's Avatar
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    no contingency lawyer is going to invest that much money in a case like this.

  12. #72
    You Get What You Pay For
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    no contingency lawyer is going to invest that much money in a case like this.

    You don't know this.

    Here's a scenario where a good lawyer would take the case;

    The employee consults a lawyer. The lawyer advises him not to quit and just continue working there but document everything and do some legwork to help your case (things I mentioned in the last post).

    The employer finally gets cocky and just fires the employee as it had planned to do all along.

    The employee has to change his whole life, find another job, loses his house, marriage crumbles,etc...

    In the course of all this the lawyer files a wrongful termination suit, it sits on the shelf for months or years.

    In the end the lawyer and employee get their day in court (if no settlements are reached) and a court or judge rules in favor of the employee and he receives backpay, his job or management position back and punitive damages of 1 or 2 million for emotional distress,health problems,dissolution of marriage/loss of house property due to the undue stress/humiliation/unemployment,etc...

    It happens all the time.

  13. #73
    You Get What You Pay For
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    ...and the lawyer gets 33% of the award.

  14. #74
    i hunt fenced animals clambake's Avatar
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    you high?

  15. #75
    i hunt fenced animals clambake's Avatar
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    ...and the lawyer gets 33% of the award.
    and it's not just 33%.

  16. #76
    You Get What You Pay For
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    and it's not just 33%.

    33% is pretty much standard on a contingency basis case.

  17. #77
    i hunt fenced animals clambake's Avatar
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    33% is pretty much standard on a contingency basis case.
    yes it is. they're not going to just eat the cost of research/expert witnesses/documentation..etc.

    how is this alcoholic (that has to lock himself up) going to blame the company for his failed marriage/foreclosed home?

  18. #78
    controlador del universo
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    clambake is a mav fan

    probably still hurt over the p-p-p-playoffs

    dont pay any mind

  19. #79
    i hunt fenced animals clambake's Avatar
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    yep, don't know what i'd do without that asterisk.

  20. #80
    controlador del universo
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    yep, don't know what i'd do without that asterisk.


  21. #81
    i hunt fenced animals clambake's Avatar
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  22. #82
    You Get What You Pay For
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    yes it is. they're not going to just eat the cost of research/expert witnesses/documentation..etc.

    how is this alcoholic (that has to lock himself up) going to blame the company for his failed marriage/foreclosed home?

    Admittedly, it is a long shot and just an example.

    If someone does prove that the termination was wrongful then whatever you suffered through and whatever hardships you suffered because of this wrongful termination-this could be awarded.

    The money is not made in loss of salary, loss of promotion or even in losing a 35k a year salary (a jury would just multiply 35k X the number of years you lost and give you a pittance), the money is made when someone goes through years of hardship and loses his life, his health,etc...

    When a jury looks at these losses they also look at other victims a company might have fired and will try to send a message--this is called punitive damages and this is where the money is.

    Of, course it is not that simple. Usually it takes years and it takes a really stupid company to just disregard the law and continue to unwittingly help the victim by disregarding the law and letting ego get in the way of their lawyers advice.

  23. #83
    i hunt fenced animals clambake's Avatar
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    holy shit

  24. #84
    i hunt fenced animals clambake's Avatar
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    that same judge or jury will be hearing the countersuit.

  25. #85
    Orange Whip? Orange Whip? Viva Las Espuelas's Avatar
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    thanks, everyone. yeah, he's pretty much at their mercy at this point. it was the owner's ccunt, i mean, wife that put the witch hunt out on him. she initially wanted to fire him but the vp took up for him. the owner was indifferent about it but the vp wanted him to stay. so she got the attorney to find a way to get rid of him, somehow. they really couldn't find a solid reason because there was no documentation of any performance issues whatsoever. all she could do was demote and drop his salary BUT they didn't do anything today because apparently you can't do that on the first day back from a medical leave. don't know if that's true or not. he spoke to the vp, away from work, and she told him all that. just an all around shitty hose job done to my friend.

  26. #86
    i hunt fenced animals clambake's Avatar
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    really surprised the vp told him all of that.

  27. #87
    You Get What You Pay For
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    thanks, everyone. yeah, he's pretty much at their mercy at this point. it was the owner's ccunt, i mean, wife that put the witch hunt out on him. she initially wanted to fire him but the vp took up for him. the owner was indifferent about it but the vp wanted him to stay. so she got the attorney to find a way to get rid of him, somehow. they really couldn't find a solid reason because there was no documentation of any performance issues whatsoever. all she could do was demote and drop his salary BUT they didn't do anything today because apparently you can't do that on the first day back from a medical leave. don't know if that's true or not. he spoke to the vp, away from work, and she told him all that. just an all around shitty hose job done to my friend.

    This actually sounds like a good opportunity for him.

    Consult with a lawyer. Don't quit the job. Document everything until they actually fire him. Sue.

    In the meantime contact the labor board and/or the fair housing/employment agencies and start doing the preliminary steps to filing a lawsuit.

    If things fall in place--he could have them by the nutz. $

  28. #88
    Orange Whip? Orange Whip? Viva Las Espuelas's Avatar
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    really surprised the vp told him all of that.
    theyre tight. she really wanted him to stay. my friend, being the manager, sent weekly reports to both the vp and owner's wife, for the entire 5 years he held the position, showing absolutely everything he was or wasn't doing. neither were in the dark about his or his department's performance. she felt bad because she went through her dad being sick and then finally dying for the past 8 months or so during which she was an absolute wreck. she admitted to him, and at the meeting this morning, that she is equally to blame for the condition of the department.

  29. #89
    Orange Whip? Orange Whip? Viva Las Espuelas's Avatar
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    This actually sounds like a good opportunity for him.

    Consult with a lawyer. Don't quit the job. Document everything until they actually fire him. Sue.

    In the meantime contact the labor board and/or the fair housing/employment agencies and start doing the preliminary steps to filing a lawsuit.

    If things fall in place--he could have them by the nutz. $
    that's his plan. he's gonna lay low. take it in the anus and mind his p's and q's.

  30. #90
    controlador del universo
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    Americans with Disabilities Act

    alcoholism is a disability

    as long as he wasn't drunk at work, then he's protected

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