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.
So it sounds like they are getting prepared in the event he quits.
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.
Preparing for what though? Fire him if you want him gone.
did he go on paid leave each time?
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.
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.
How the is alcoholism a protected disability but you can get fired for a little weed in the system?
Exactly. Best practice in Texas is do ent everything when it comes to work issues.
"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 do entation, 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 y 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.
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 do entation 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 in' 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 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) Do ent 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 do entation, letters of reports from experts,etc...
I'll probably think of a few more things if you are interested.
you're kidding, right?
Who are you asking?
Ok.
Kidding about what?
all that ghost chasing advice.
You lost me, I don't understand what ghost chasing advice means.
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 do ent everything and do some legwork to help your case (things I mentioned in the last post).
The employer finally gets y 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.
...and the lawyer gets 33% of the award.
and it's not just 33%.
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/do entation..etc.
how is this alcoholic (that has to lock himself up) going to blame the company for his failed marriage/foreclosed home?
yep, don't know what i'd do without that asterisk.
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