PDA

View Full Version : I got a question....



Sense
10-05-2009, 12:06 AM
So I'm about to get ready to get fired/quit tomorrow.....
Why?

Friday right before we were about to leave... a foreman comes to me and tells me that they told him he needs to have me sign something.. that I've been written up....

I was like wtf? For what? He says.. Lack of Production....

Now... this is bs... I heard I was getting one before he handed it to me.. and so had MY foreman... and MY foreman was like WTF? You're my #1 hand..

He tells me that he handed 30 of those sheets to the other people...

Same shit.. lack of production... withing a 30 day period he says.
30 days or not that's still bs for me.. I'm far ahead of everyone else... too far ahead infact... that I got from my General foreman.

Most of the people that got this believe that this is bullshit.. obviously, and that they're doing this so that we won't get unemployment...

Because the write up states that if they see you "lacking in production" you will be fired.
I was stupid enough to sign this write up... mostly because I've been trying to leave Beaumont for a while..

But then I remembered that this could affect me with later jobs.. so tomorrow... I'm going to tell em off.

Can people do this?

Can they remove the write up even after I signed it?

Can we sue them for this?

Sense
10-05-2009, 12:23 AM
Its minor. Just move on, but give a notice if you can. Any job that refers to you as a "hand" is a job you don't want anyway.

It might be minor... it might be very bad for all of us.

This job is like a month away from being finished, alot of layoffs are expected. They're trying to get prepared to fire people with this crap.

If anything this tells me they plan on firing me, so that I won't get the unemployment I will more than likely need.

marini martini
10-05-2009, 12:36 AM
You'll get unemployment, as long as you don't quit!!!

blizz
10-05-2009, 12:50 AM
You'll get unemployment, as long as you don't quit!!!

i wouldn't count on that. texas is an "at will" state meaning they can fire you for whatever. that and the fact that you signed it means you're screwed. if you get fired or quit, the only way you can get unemployment is if you can prove that they abused you in some way. if you will need to use this as a reference some day, then just go quietly, if you're not...tell em off...although future employers cannot ask them why they fired you...and they're not allowed to tell them. all they can as if whether or not they'd re-hire you.

cherylsteele
10-05-2009, 12:54 AM
You'll get unemployment, as long as you don't quit!!!
Not true,

I was let go at one of my jobs about 5 yrs ago for supposedly the same reason, and did not get unemployment.

Sense
10-05-2009, 12:57 AM
So would it be too much to say... that I need to see what I've done in the last 30 days and what I should've done?

Since they claim I was lacking in production...

I will also try to get my foreman to go with me to the office tomorrow and to tell them how I've been doing.

It seems like they won't get it out of there.. I'm just too proud of a person to let this slide by. Especially since I worked my ass off the whole time I've been working here.

blizz
10-05-2009, 01:03 AM
I'd do both of what you suggested. Good ideas.

angel_luv
10-05-2009, 12:05 PM
I have a question for a friend.

My friend works in security at "business Z" that contracts out with security companies for their servics.

" Business Z" is switching security companies. The incoming security company is willing to hire those currently employed at "Business Z", if the officers want to join the new company.

If my friend elects not to join the new company, would she qualify for unemployment since the company she works for is no longer employed at " Establishment Z"?

Or does she not qualify since her current company would likely reassign her to another of their properties should she allow them to?

thispego
10-05-2009, 12:25 PM
Damn! Thread hijack! Angelov is ruthless now that she's a published author!

Big P
10-05-2009, 12:33 PM
Sounds like you work for Walmart Dist.

fraga
10-05-2009, 12:40 PM
Just take a shit in a file cabinet and lock it...that'll show em...

Sense
10-05-2009, 07:02 PM
Sounds like you work for Walmart Dist.

lol me? No I work for a contractor company.

CosmicCowboy
10-05-2009, 08:09 PM
It might be minor... it might be very bad for all of us.

This job is like a month away from being finished, alot of layoffs are expected. They're trying to get prepared to fire people with this crap.

If anything this tells me they plan on firing me, so that I won't get the unemployment I will more than likely need.

Go in tomorrow. Type out a statement that says: #1 you do not agree with the assertion that you have under-produced. #2 that you were caught by surprise yesterday and being a good employee signed the statement that you were asked to sign. #3 Request that, if in fact they think that you are under-producing to please tell you exactly what their explicit complaints are and tell you what you need to do to improve. #4 Ask for your signed statement to be returned until the situation can be resolved. If they don't give you your "statement" back ask them to sign/acknowledge that you requested it.

Don't be surprised if they fire you right there but they are about to do it anyway...they are just trying to fuck you out you unemployment benefits on a legitimate layoff just to save their unemployment modifier...I hate scumbags like that.

You need to document EVERYTHING from here on out...try to find out who else got the same notice, get their names, addresses, phone numbers etc. date they got it, date they got fired/layed off, date the contract ended for your employer, etc.

The table isn't as stacked against you as you think...if you can document fraud they will kick your employers ass and you can be a hero with your fellow employees...

ploto
10-05-2009, 08:13 PM
Any notice like that means they are setting you up in 30 days to fire you or to let you resign.

CosmicCowboy
10-05-2009, 08:21 PM
I have a question for a friend.

My friend works in security at "business Z" that contracts out with security companies for their servics.

" Business Z" is switching security companies. The incoming security company is willing to hire those currently employed at "Business Z", if the officers want to join the new company.

If my friend elects not to join the new company, would she qualify for unemployment since the company she works for is no longer employed at " Establishment Z"?

Or does she not qualify since her current company would likely reassign her to another of their properties should she allow them to?

If she/he refuses the position with the new firm that has the contract at company "z" she is not eligible for unemployment.

If your friend is not hired (by their choice) at company "z" by the new company and is offered a position at company "y" (even at a lower salary that she had when she was at company "z") by the company that placed her at company "z" initially she is not eligible for unemployment if she quits.

She/he would only be eligible for unemployment (assuming she/he met all the other qualifications, 40 hours wk, time on the job, etc) if the company that took over company "z" didn't want her/him and the company that hired her/him couldn't place her/him anywhere else. Trying to sabotage "interviews" with other companies could also disqualify her/him.

chode_regulator
10-05-2009, 09:25 PM
You'll get unemployment, as long as you don't quit!!!
Negative ghostrider.


I have a question for a friend.

My friend works in security at "business Z" that contracts out with security companies for their servics.

" Business Z" is switching security companies. The incoming security company is willing to hire those currently employed at "Business Z", if the officers want to join the new company.

If my friend elects not to join the new company, would she qualify for unemployment since the company she works for is no longer employed at " Establishment Z"?

Or does she not qualify since her current company would likely reassign her to another of their properties should she allow them to?

I have an answer.
Start another thread.

Sense
10-05-2009, 11:06 PM
Go in tomorrow. Type out a statement that says: #1 you do not agree with the assertion that you have under-produced. #2 that you were caught by surprise yesterday and being a good employee signed the statement that you were asked to sign. #3 Request that, if in fact they think that you are under-producing to please tell you exactly what their explicit complaints are and tell you what you need to do to improve. #4 Ask for your signed statement to be returned until the situation can be resolved. If they don't give you your "statement" back ask them to sign/acknowledge that you requested it.

Don't be surprised if they fire you right there but they are about to do it anyway...they are just trying to fuck you out you unemployment benefits on a legitimate layoff just to save their unemployment modifier...I hate scumbags like that.

You need to document EVERYTHING from here on out...try to find out who else got the same notice, get their names, addresses, phone numbers etc. date they got it, date they got fired/layed off, date the contract ended for your employer, etc.

The table isn't as stacked against you as you think...if you can document fraud they will kick your employers ass and you can be a hero with your fellow employees...



Ok I didn't read this since I worked this morning... I went up to my boss and asked him about the write up. I told him.. " I got a write up yesterday..." He says, "yeeeea"

I told him... "for lack of production... how can I get a write up for lack of production when you've constantly told us that we need to slow down"

He sighs and says... "look it's better than writing you up for the shit you've broken down" * (had 2 accidents.. one with a power washer gun... broke accidently... and I had another accident with a Spider stage, broke something)

So basically he's admitting that the write up is bullshit.

He says if I would prefer for him to do the write ups on the shit I broke.. and that if he did that I would've been fired already.

I don't understand...

This isn't my fault.. it's not my fault he didn't report the shit I broke.. but he is committing "fraud" at some level by writing me up for something that he admits never happened.

As we kept talking he NOW stated that by breaking the things I was wasting time, thus lacking production.

I was way ahead when these two things happened... to replace the gun it takes 2 minutes.. the spider took about an hour.

Regardless, too ahead for a difference.


How does this fare out?

He finished by interrupting me and saying.. " I'm DONE with you... Go do what you need to do(meaning work)"

I laughed and walked away.

Sense
10-06-2009, 12:09 AM
opinions?

tonylongoriafan
10-06-2009, 07:32 AM
as an employer i can tell you this: the texas workforce commission is ruthless about benefits ON BOTH SIDES. when the time comes and you file for unemployment and your employer states you were fired for substandard performance, you can appeal and address your concerns with the TWC, they make the decision to pay, not the employer and they are fair, tough but fair, on both sides...this i know personally.

as far as the fraud you are claiming, i would tell you to relax. i don't know how young you are and what your long-term intentions are in the construction (i'm assuming) industry but most of the jobs are temporary. there is a lot of turn over and a lot of re-hiring that happens, it's part of the industry. so while you may feel your employer is trying to screw you, the fact is contracts end and people get laid off. whether or not you qualify for unemployment benefits has little to do with what your employer says about you and more with how long you've been employed there and how much you've earned there. sure your former-employer won't make it easy but they are not the ultimate decider.

if i knew my job were going to end, i would focus on trying to find another one (which you will have to be doing anyway in order to get unemployment benefits) rather than burn bridges from someone you may work for again in the future.

angel_luv
10-07-2009, 11:12 AM
Thank you Cosmic Cowboy. I will give my friend the info.

Mijo
10-07-2009, 11:27 AM
Technically, it doesn't matter if you sign it or not, it still goes into your personal file and when you are let go your employer uses every write up you've ever had had to prove you were a substandard employee in an attempt to deny you unemployment benefits. The more documentation on complied against you the lesser the chance you have of of the TWC awarding you benefits in the event you contest your employers claim.

There is nothing wrong with creating a paper trail to justify terminating a "bad" employee however making shit up just to keep your unemployment insurance premiums low is bullshit.

CosmicCowboy
10-07-2009, 11:29 AM
as an employer i can tell you this: the texas workforce commission is ruthless about benefits ON BOTH SIDES. when the time comes and you file for unemployment and your employer states you were fired for substandard performance, you can appeal and address your concerns with the TWC, they make the decision to pay, not the employer and they are fair, tough but fair, on both sides...this i know personally.

as far as the fraud you are claiming, i would tell you to relax. i don't know how young you are and what your long-term intentions are in the construction (i'm assuming) industry but most of the jobs are temporary. there is a lot of turn over and a lot of re-hiring that happens, it's part of the industry. so while you may feel your employer is trying to screw you, the fact is contracts end and people get laid off. whether or not you qualify for unemployment benefits has little to do with what your employer says about you and more with how long you've been employed there and how much you've earned there. sure your former-employer won't make it easy but they are not the ultimate decider.

if i knew my job were going to end, i would focus on trying to find another one (which you will have to be doing anyway in order to get unemployment benefits) rather than burn bridges from someone you may work for again in the future.

He's right that TWC is pretty fair. Your company is clearly trying to set up a "fired for cause" scenario instead of a layoff...Your job is to document and prove that they really laid you off because their contract was over and they didn't have a new contract.

It might help you to understand why your employer is doing this. All employers are required to pay unemployment insurance to the state. The insurance payment is based on a percentage of payroll X an experience modifier. Different companies pay different rates depending on their historic use of the unemployment fund. Companies like mine that have a good history may have a modifier of .8 while other companies that hire/lay off employees all the time may have a modifier of 2. They want to discourage you from filing for unemployment so they will pay less unemployment insurance in the future.

Fpoonsie
10-07-2009, 11:33 AM
I got a feelin...





...oooooooh ooooh.

bus driver
10-07-2009, 12:30 PM
Not true,

I was let go at one of my jobs about 5 yrs ago for supposedly the same reason, and did not get unemployment.

he will get unemployment....obama is in office ! :lol



I have a question for a friend.

My friend works in security at "business Z" that contracts out with security companies for their servics.

" Business Z" is switching security companies. The incoming security company is willing to hire those currently employed at "Business Z", if the officers want to join the new company.

If my friend elects not to join the new company, would she qualify for unemployment since the company she works for is no longer employed at " Establishment Z"?

Or does she not qualify since her current company would likely reassign her to another of their properties should she allow them to?
a women in law enforcement .....:eyebrows
and where is B2B with some life coaching?