Is there an HR in the house?!

[Viva Las Espuelas]

Human Resource person. If there is, I'll continue with this.

[mrsmaalox]

Oh puhleeze, just tell the damn story! :lol

[lefty]

Here here !

[clambake]

what did you do.

[JudynTX]

what did you do.

:lmao

[clambake]

you work at a place with employee handbooks?

[Viva Las Espuelas]

Ha! This wasn't me. If it was, I'd say. So are you in HR, lefty?

[Viva Las Espuelas]

you work at a place with employee handbooks?

Yep

[mrsmaalox]

Spill it already!

[clambake]

Yep

did everyone have to sign this handbook for employment?

[Viva Las Espuelas]

Yes. Just to cut to the chase, he didn't break one single rule in it

[lefty]

Ha! This wasn't me. If it was, I'd say. So are you in HR, lefty?
Yup


I fire people

[clambake]

Yes. Just to cut to the chase, he didn't break one single rule in it

a problem with a supervisor? is there a section that discusses the procedure an employee can take to resolve/discuss the situation?

[lefty]

Burn the whole company down

[JudynTX]

I'm on pins and needles!

[IronMaxipad]

HR checking in :wakeup

[clambake]

since you won't inform us of the problem.....is this "problem" mentioned in the handbook?

[lefty]

TPS report problem ?

[Viva Las Espuelas]

Ah cool.

OK. My buddy is a manager of his department. He has an addiction problem. Alcohol. Never affected his work. Never been talked to about it affecting his work at any point in the 10+ years he's been there. He did a rehab stint last year and just got back from his second one today(30 days). He said the HR guy pulled him, the VP(his boss) and the company lawyer into a closed door meeting. They told him based on his performance they were demoting him with a pretty serious cut in pay. He said he's never been talked to about his performance since he's been there. No write ups. Nothing. He was demoted all the way down the ladder with about an $8 cut in hourly pay. He was "kindly" offered that the owner wouldn't contest his unemployment if he chose to leave on his own. Our owner is notorious for contesting former employee's unemployment. I think they're completely in the wrong. Oh and before he left for his recent rehab stay the VP told him his position and pay weren't in any jeopardy, whatsoever

[mrsmaalox]

Does this "problem" involve the boss' wife or daughter?

[Viva Las Espuelas]

No. He's a flaming homosexual.

[lefty]

Ah cool.

OK. My buddy is a manager of his department. He has an addiction problem. Alcohol. Never affected his work. Never been talked to about it affecting his work at any point in the 10+ years he's been there. He did a rehab stint last year and just got back from his second one today(30 days). He said the HR guy pulled him, the VP(his boss) and the company lawyer into a closed door meeting. They told him based on his performance they were demoting him with a pretty serious cut in pay. He said he's never been talked to about his performance since he's been there. No write ups. Nothing. He was demoted all the way down the ladder with about an $8 cut in hourly pay. He was "kindly" offered that the owner wouldn't contest his unemployment if he chose to leave on his own. Our owner is notorious for contesting former employee's unemployment. I think they're completely in the wrong. Oh and before he left for his recent rehab stay the VP told him his position and pay weren't in any jeopardy, whatsoever
If nothing negative about his performance hs been documented by his bosses, then they are fucking abusing him

[clambake]

Ah cool.

OK. My buddy is a manager of his department. He has an addiction problem. Alcohol. Never affected his work. Never been talked to about it affecting his work at any point in the 10+ years he's been there. He did a rehab stint last year and just got back from his second one today(30 days). He said the HR guy pulled him, the VP(his boss) and the company lawyer into a closed door meeting. They told him based on his performance they were demoting him with a pretty serious cut in pay. He said he's never been talked to about his performance since he's been there. No write ups. Nothing. He was demoted all the way down the ladder with about an $8 cut in hourly pay. He was "kindly" offered that the owner wouldn't contest his unemployment if he chose to leave on his own. Our owner is notorious for contesting former employee's unemployment. I think they're completely in the wrong. Oh and before he left for his recent rehab stay the VP told him his position and pay weren't in any jeopardy, whatsoever

if he didn't get that in writing, he's screwed.

by the way, 2 stints in one year is bad performance. he's lucky they offered him a job to continue working.

[Viva Las Espuelas]

If nothing negative about his performance hs been documented by his bosses, then they are fucking abusing him

Are you serious?

[clambake]

If nothing negative about his performance hs been documented by his bosses, then they are fucking abusing him

no.

[lefty]

if he didn't get that in writing, he's screwed.

by the way, 2 stints in one year is bad performance. he's lucky they offered him a job to continue working.
I still think they should have documented his performance or alcohol/behavior issues or whatever

On top of that, he had been there for 10 years without a dent.


I say they are fucking abusing him

[Viva Las Espuelas]

if he didn't get that in writing, he's screwed.

by the way, 2 stints in one year is bad performance. he's lucky they offered him a job to continue working.

It was witnessed by another manager.

It wasn't two in one year. Like I said, he's never been reprimanded about his addiction at work.

[lefty]

Are you serious?
I guess US labour laws are cruel :lmao

[Viva Las Espuelas]

I still think they should have documented his performance or alcohol/behavior issues or whatever

On top of that, he had been there for 10 years without a dent.


I say they are fucking abusing him

No blemishes whatsoever.

[clambake]

It was witnessed by another manager.

It wasn't two in one year. Like I said, he's never been reprimanded about his addiction at work.

does he have an employment contract? if not, isn't texas an "at will" state?

[Viva Las Espuelas]

I guess US labour laws are cruel :lmao

I'm not doubting you. I know how things work on here and that's why I asked if there's any people in HR in here before I posted the situation.

[Viva Las Espuelas]

does he have an employment contract? if not, isn't texas an "at will" state?

Employment contract? Don't know about the "at will" thing, either.

[JudynTX]

does he have an employment contract? if not, isn't texas an "at will" state?

Yes we are, they really don't have to give us a reason why they fired us.

[clambake]

Employment contract? Don't know about the "at will" thing, either.

if he and the company have a personal employment contract, then he can have some room to succeed.

judy just said its "at will" state.

[SpurinDallas]

You think it has anything to do with him being gay?

[clambake]

You think it has anything to do with him being gay?

he's been there for 10 years. did he just now start playing for the other team?

[SpurinDallas]

he's been there for 10 years. did he just now start playing for the other team?

True, but maybe the management team reprimanding him is new?

[lefty]

I'm not doubting you. I know how things work on here and that's why I asked if there's any people in HR in here before I posted the situation.
Then I dont want to give you bad advice :D

Labour laws must be different here in Canada

I'll let Clambake do the work :tu

[Viva Las Espuelas]

:lol he's not gay. I keed I keed!

[mrsmaalox]

But he didn't get fired, he just got demoted right? Does "at will" mean they can do anything to you while you are employed there, or just in matters of termination?

[SpurinDallas]

:lol he's not gay. I keed I keed!

:ihit

[clambake]

True, but maybe the management team reprimanding him is new?

possible. or they just grew weary from his absences.

[SpurinDallas]

possible. or they just grew weary from his absences.

I'm thinking his extended absences is the culprit here

[Viva Las Espuelas]

Only demoted. Not an outright termination BUT they were so kind to say they wouldn't contest his unemployment

[clambake]

But he didn't get fired, he just got demoted right? Does "at will" mean they can do anything to you while you are employed there, or just in matters of termination?

judy said "at will", which means you can get fired for any reason or no reason.

[lefty]

Does "at will" mean they can do anything to you while you are employed there?
http://25.media.tumblr.com/tumblr_lpd6h23W3r1qd6k8fo1_500.gif

[clambake]

Only demoted. Not an outright termination BUT they were so kind to say they wouldn't contest his unemployment

you may think thats unfair. it isn't.

[Viva Las Espuelas]

possible. or they just grew weary from his absences.


I'm thinking his extended absences is the culprit here

He was given their blessings both times. In fact, this time the VP and other manager who witnessed the VP tell my buddy his position and pay wouldn't be affected, encouraged him to go to rehab this time

[Viva Las Espuelas]

you may think thats unfair. it isn't.

I understand if that's how it is here in Texas. I just dont understand why they just didn't do that in the first place. Seems like they're being sneaky about it.

[mrsmaalox]

you may think thats unfair. it isn't.

yea, I guess they could have just fired him, been done with it, and freed themselves of whatever problems he presented.

[JudynTX]

Only demoted. Not an outright termination BUT they were so kind to say they wouldn't contest his unemployment

So it sounds like they are getting prepared in the event he quits. :wakeup

[mrsmaalox]

judy said "at will", which means you can get fired for any reason or no reason.

Missed this one...

But he didn't get fired. That's why I'm wondering if "at will" means they can change any of the terms of employment at any time also.

[Viva Las Espuelas]

So it sounds like they are getting prepared in the event he quits. :wakeup

Preparing for what though? Fire him if you want him gone.

[leemajors]

He was given their blessings both times. In fact, this time the VP and other manager who witnessed the VP tell my buddy his position and pay wouldn't be affected, encouraged him to go to rehab this time

did he go on paid leave each time?

[Viva Las Espuelas]

did he go on paid leave each time?
No

[ididnotnothat]

At-will employees do have the same rights as any other worker in the US. They can still sue for discrimination and retaliation as prohibited by law no matter where you live. You can still sue if those laws are violated. But in Texas it ain't easy.

[clambake]

if he's a good friend, tell him to accept the demotion gracefully and look for another job while he's employed, but not to go on interviews during work hours.

tell prospective employers that verifying his employment status may damage his position with his current employer. most companies will respect that.

[baseline bum]

How the hell is alcoholism a protected disability but you can get fired for a little weed in the system?

[JoeChalupa]

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.

[SA210]

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 :lol 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

[silverblk mystix]

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.

[clambake]

you're kidding, right?

[silverblk mystix]

you're kidding, right?


Who are you asking?

[clambake]

you

[silverblk mystix]

you


Ok.

Kidding about what?

[clambake]

all that ghost chasing advice.

[silverblk mystix]

all that ghost chasing advice.


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

[clambake]

no contingency lawyer is going to invest that much money in a case like this.

[silverblk mystix]

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.

[silverblk mystix]

...and the lawyer gets 33% of the award.

[clambake]

you high?

[clambake]

...and the lawyer gets 33% of the award.

and it's not just 33%.

[silverblk mystix]

and it's not just 33%.


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

[clambake]

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?

[clambake]

yep, don't know what i'd do without that asterisk.

[clambake]

:lol

[silverblk mystix]

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.

[clambake]

holy shit

[clambake]

that same judge or jury will be hearing the countersuit.

[Viva Las Espuelas]

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.

[clambake]

really surprised the vp told him all of that.

[silverblk mystix]

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. $

[Viva Las Espuelas]

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.

[Viva Las Espuelas]

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.

[clambake]

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 shit shack operation is this?

[Viva Las Espuelas]

:lol

[silverblk mystix]

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.:lmao

[easjer]

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 documented somewhere. Texas may be at-will, but a smart employer documents 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.

[DMC]

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.

[GeorgeCostanza]

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.

[Viva Las Espuelas]

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 documented somewhere. Texas may be at-will, but a smart employer documents 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.

[SequSpur]

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 fuck 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..

[SA210]

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 fuck 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.

[silverblk mystix]

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 fuck 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.

[Viva Las Espuelas]

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.

[mrsmaalox]

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?

[Viva Las Espuelas]

Mmmhmmm.

Excuse my speech impediment :D

[Viva Las Espuelas]

Cost of living raise :lol

[Blake]

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?

[Viva Las Espuelas]

Nope. Performance.

[Viva Las Espuelas]

The owner bought him a Kindle :lol

[clambake]

these clowns are ripe for a collapse.

[mrsmaalox]

The owner bought him a Kindle :lol

No way!! :lol Crazy.

[Viva Las Espuelas]

And is giving him a $100 a month allowance for books :lol

[JudynTX]

The owner bought him a Kindle :lol


And is giving him a $100 a month allowance for books :lol

Wait? What? Did he give the boss a BJ or something? :lol

[mrsmaalox]

:lol I'm expecting the compensated "reading hours" next!

[JudynTX]

:lol I'm expecting the compensated "reading hours" next!

And a full membership to the Country Club.

[Viva Las Espuelas]

Sorry sacks of monkey shit canned him today by phone on his last day of approved vacation. The VP of the company called and said the owner's Luck_The_Fakers_Luck_The_Fakers_Luck_The_Fakers_Lu ck_The_Fakers_ of a wife said "it wasn't working out". Again, no documentation of any performance issues not being met since he's been back. But they gladly said unemployment would not be contested by them.

[SA210]

Sorry sacks of monkey shit canned him today by phone on his last day of approved vacation. The VP of the company called and said the owner's Luck_The_Fakers_Luck_The_Fakers_Luck_The_Fakers_Lu ck_The_Fakers_ of a wife said "it wasn't working out". Again, no documentation of any performance issues not being met since he's been back. But they gladly said unemployment would not be contested by them.

Told ya it was in the works. And it happens during vacation many times, makes it easier for them and it's the main reason why his vacation was approved.

Have him file for unemployment immediately, they may not contest, but tell him to go into it thinking that they will (Companies often lie). He has no write ups, no policy violation they told him about for his release, so make sure he mentions those things, that no steps were taken to let him go. And make sure he mentions they did not tell him he violated any policy when they termed him, only that it didn't work out, according to them.

Mention they claimed they will not contest your unemployment claim, that way if they do and it gets to an appeal, you get to ask them questions about it, as well as other details on the record (at least here in Texas it works that way), and you can put them on the spot and remind them they are under oath lol, They may still lie, but sometimes it scares them into screwing up in their statements during the appeal hearing.

If he wants to go to a wrongful termination lawyer for a suit, that's a different ballgame and possible.

But as far as unemployment, he has a great case, and must argue the entire time that he had no policy violations, they took no proper steps to terminate and no write-ups, and include information of any recent promotions and raises for anything positive that he received.

If he feels that there was a certain type of discrimination, he can file a complaint with the EEOC depending on what it is, including retaliation, make sure he has witnesses of any discriminatory statements said by his employers or very clear examples of discrimination under the EEOC laws.

But bottom line, Unemployment should be a win.

[silverblk mystix]

Told ya it was in the works. And it happens during vacation many times, makes it easier for them and it's the main reason why his vacation was approved.

Have him file for unemployment immediately, they may not contest, but tell him to go into it thinking that they will (Companies often lie). He has no write ups, no policy violation they told him about for his release, so make sure he mentions those things, that no steps were taken to let him go. And make sure he mentions they did not tell him he violated any policy when they termed him, only that it didn't work out, according to them.

Mention they claimed they will not contest your unemployment claim, that way if they do and it gets to an appeal, you get to ask them questions about it, as well as other details on the record (at least here in Texas it works that way), and you can put them on the spot and remind them they are under oath lol, They may still lie, but sometimes it scares them into screwing up in their statements during the appeal hearing.

If he wants to go to a wrongful termination lawyer for a suit, that's a different ballgame and possible.

But as far as unemployment, he has a great case, and must argue the entire time that he had no policy violations, they took no proper steps to terminate and no write-ups, and include information of any recent promotions and raises for anything positive that he received.

If he feels that there was a certain type of discrimination, he can file a complaint with the EEOC depending on what it is, including retaliation, make sure he has witnesses of any discriminatory statements said by his employers or very clear examples of discrimination under the EEOC laws.

But bottom line, Unemployment should be a win.


Yup, exactly.

This was why I had suggested earlier that he document everything and to contact those organizations to start a case.

Unemployment should be pretty automatic.

[mrsmaalox]

Man that sucks. How is he taking it? Hopefully it won't send him right back into treatment, but I suppose it wasn't a huge surprise. I guess it could've been worse---at least he got a Kindle before they shit-canned him!