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  1. #76
    i hunt fenced animals clambake's Avatar
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  2. #77
    silverblk mystix
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    yes it is. they're not going to just eat the cost of research/expert witnesses/do entation..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.

  3. #78
    i hunt fenced animals clambake's Avatar
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    holy

  4. #79
    i hunt fenced animals clambake's Avatar
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    that same judge or jury will be hearing the countersuit.

  5. #80
    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 c , 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 do entation 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 ty hose job done to my friend.

  6. #81
    i hunt fenced animals clambake's Avatar
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    really surprised the vp told him all of that.

  7. #82
    silverblk mystix
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    thanks, everyone. yeah, he's pretty much at their mercy at this point. it was the owner's c , 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 do entation 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 ty hose job done to my friend.

    This actually sounds like a good opportunity for him.

    Consult with a lawyer. Don't quit the job. Do ent 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. $

  8. #83
    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.

  9. #84
    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. Do ent 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.

  10. #85
    i hunt fenced animals clambake's Avatar
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    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.
    what kind of shack operation is this?

  11. #86
    Orange Whip? Orange Whip? Viva Las Espuelas's Avatar
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  12. #87
    silverblk mystix
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    that's his plan. he's gonna lay low. take it in the anus and mind his p's and q's.


    "Can'tthinkofanything" is an expert in this field--ask him for advice.

  13. #88
    Eh, Fuck It. easjer's Avatar
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    Eliza S.
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    One question that came to my mind - was your friend FMLA eligible? Rehab can be covered under FMLA (if the company is FMLA eligible) for an employee for up to 12 weeks per year, under which the job is protected during the time out from work and is guaranteed to return to a job of equal status and pay.

    The loophole is demotion/termination based on performance, but then that generally has to be do ented somewhere. Texas may be at-will, but a smart employer do ents everything to prevent legal issues arising.

    There was something in the last post - that the VP is equally to blame for the state of the department? - that makes me think the employers may be able to make a performance-based case.

  14. #89
    Got Woke? DMC's Avatar
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    They are trying to get him to quit. They can demote him based on his performance. We all know what they are doing, but he's playing the system and so are they.

    Your friend needs to find out if he qualifies for the ADA. If so, he might have a case, except he wasn't terminated.

  15. #90
    Believe. GeorgeCostanza's Avatar
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    They are trying to get him to quit. They can demote him based on his performance. We all know what they are doing, but he's playing the system and so are they.
    Been there, done that.

  16. #91
    Orange Whip? Orange Whip? Viva Las Espuelas's Avatar
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    One question that came to my mind - was your friend FMLA eligible?
    yep. both times

    The loophole is demotion/termination based on performance, but then that generally has to be do ented somewhere. Texas may be at-will, but a smart employer do ents everything to prevent legal issues arising.
    there isn't any because there wasn't any.

    There was something in the last post - that the VP is equally to blame for the state of the department? - that makes me think the employers may be able to make a performance-based case.
    she said she shares the blame with the condition of the department.

  17. #92
    Spurs are Lottery Bound. SequSpur's Avatar
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    this is stupid...

    look texas is and at will state...that means the employer can fire you or you can quit at any time...no strings. The problem is when you go to TWC to get unemployment compensations. They will want details. Details of your employment history and why you were terminated. Based on that, they will decide your benefits if there are some. But if the company proves you were a up then you won't get any supporting benefits.

    The employer get a percentage pointed added on its payroll taxes if they are constantly getting ripped by.....ahhh whatever..

  18. #93
    Boring = 4 Rings SA210's Avatar
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    this is stupid...

    look texas is and at will state...that means the employer can fire you or you can quit at any time...no strings. The problem is when you go to TWC to get unemployment compensations. They will want details. Details of your employment history and why you were terminated. Based on that, they will decide your benefits if there are some. But if the company proves you were a up then you won't get any supporting benefits.

    The employer get a percentage pointed added on its payroll taxes if they are constantly getting ripped by.....ahhh whatever..
    If those details include no steps taken leading up to termination, no write-ups, no prior problems ever...then that's in the employees favor.

  19. #94
    silverblk mystix
    Guest
    this is stupid...

    look texas is and at will state...that means the employer can fire you or you can quit at any time...no strings. The problem is when you go to TWC to get unemployment compensations. They will want details. Details of your employment history and why you were terminated. Based on that, they will decide your benefits if there are some. But if the company proves you were a up then you won't get any supporting benefits.

    The employer get a percentage pointed added on its payroll taxes if they are constantly getting ripped by.....ahhh whatever..
    This is a misconception. At-will means they can fire you--it is their company.

    On the other hand they can't just fire you for no reason. If they run afoul of any laws then it will cost them. If they discriminate and you can prove it-then they will have to pay. If they want to be stupid and think they can fire anyone at anytime without covering their ass --they will have to pay.

    Sure, any company can fire anyone at anytime but by the same token anyone can sue any company at any time for anything also.

    Runs both ways. If you are doing your job and get fired for no reason there are plenty of attorneys who have made a fortune defending these cases.

  20. #95
    Orange Whip? Orange Whip? Viva Las Espuelas's Avatar
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    If those details include no steps taken leading up to termination, no write-ups, no prior problems ever...then that's in the employees favor.
    He has all that plus getting a pretty substantial raise at the beginning of the year.

  21. #96
    Cinnamon Girl mrsmaalox's Avatar
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    Yvonne
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    What? They just gave him a big raise a few months ago? Based on merit or like an across the board cost of living kind of raise?

  22. #97
    Orange Whip? Orange Whip? Viva Las Espuelas's Avatar
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    Mmmhmmm.

    Excuse my speech impediment

  23. #98
    Orange Whip? Orange Whip? Viva Las Espuelas's Avatar
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    Cost of living raise

  24. #99
    Damns (Given): 0 Blake's Avatar
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    yep. both times

    there isn't any because there wasn't any.

    she said she shares the blame with the condition of the department.
    so the employer approved him to leave based on the FMLA?

  25. #100
    Orange Whip? Orange Whip? Viva Las Espuelas's Avatar
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    Nope. Performance.

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