Register a SA Forums Account here!
JOINING THE SA FORUMS WILL REMOVE THIS BIG AD, THE ANNOYING UNDERLINED ADS, AND STUPID INTERSTITIAL ADS!!!

You can: log in, read the tech support FAQ, or request your lost password. This dumb message (and those ads) will appear on every screen until you register! Get rid of this crap by registering your own SA Forums Account and joining roughly 150,000 Goons, for the one-time price of $9.95! We charge money because it costs us money per month for bills, and since we don't believe in showing ads to our users, we try to make the money back through forum registrations.
 
  • Post
  • Reply
Lord of Pie
Mar 2, 2007


The last time I got laid off they did it on July 1st so they could dodge having to pay me for a holiday. My supervisor was waiting out in the hall when I came out from my exit interview and said he'd be trying to call me back next week because oops, I was the only person that knew anything about one of the ongoing projects.

They tried three times to get me to come back, offering:
- a month or so of work with the same pay but no benefits
- a month or so of work with the same pay and same benefits as before
- a month or so of work with... the same pay and no benefits

I didn't go back.

Adbot
ADBOT LOVES YOU

pushpins
Sep 11, 2006


Title text (optional; no images are allowed, only text)
When I got hired at my job the HR person said "At will means you can leave whenever you want and we can fire you whenever we want"

Moridin920
Nov 15, 2007

by FactsAreUseless
every single state in the USA is an at-will employment state

14 of those states don't even recognize an implied contract exception

quote:

Under the implied contract exception, an employer may not fire an employee "when an implied contract is formed between an employer and employee, even though no express, written instrument regarding the employment relationship exists."

quote:

In 2006, the Texas Court of Civil Appeals in Matagorda County Hospital District v. Burwell[33] held that a provision in an employee handbook stating that dismissal may be for cause, and requiring employee records to specify the reason for termination, did not modify an employee's at-will employment.

In Anthony Lobosco, Appellant v. New York Telephone Company/NYNEX, Respondent,[34] the court restated the prevailing rule that an employee could not maintain an action for wrongful discharge where state law recognized neither the tort of wrongful discharge, nor exceptions for firings that violate public policy, and an employee's explicit employee handbook disclaimer preserved the at-will employment relationship. And in the same 2000 decision mentioned above, the Supreme Court of California held that the length of an employee's long and successful service, standing alone, is not evidence in and of itself of an implied-in-fact contract not to terminate except for cause.[7]

But morons would have you believe the socialists are secretly running the show and about to take over.

Moridin920 has issued a correction as of 18:11 on Dec 6, 2018

TheDon01
Mar 8, 2009


pushpins posted:

When I got hired at my job the HR person said "At will means you can leave whenever you want and we can fire you whenever we want"

they always say this like 'you being able to leave whenever' is some kind of boon.

Like, motherfucker I can leave whenever I want anyway.

Moridin920
Nov 15, 2007

by FactsAreUseless

TheDon01 posted:

they always say this like 'you being able to leave whenever' is some kind of boon.

Like, motherfucker I can leave whenever I want anyway.

right lol

like what are you gonna do come pick me up for work at gunpoint?

a.p. dent
Oct 24, 2005

TheDon01 posted:

they always say this like 'you being able to leave whenever' is some kind of boon.

Like, motherfucker I can leave whenever I want anyway.

i'm always encouraging people in lovely jobs to quit with no notice when they're ready to leave and they always end up giving lots of notice because they want a good reference / don't want to burn bridges or some poo poo

we gotta take the little pleasures where we can

Sheng-Ji Yang
Mar 5, 2014


Thin Privilege posted:

I got fired for being sick and leaving the workplace in an ambulance and I'm in an at-will state so I can't do anything about it, and an incompetent manager accidentally told me that the more write ups you have (like if you had to miss a day) that means you pretty much won't qualify for unemployment cause they're gonna counter-sue or whatever.

:patriot:

Start discussion here!

https://www.youtube.com/watch?v=ePK2Ct10Bo4

Moridin920
Nov 15, 2007

by FactsAreUseless

a.p. dent posted:

i'm always encouraging people in lovely jobs to quit with no notice when they're ready to leave and they always end up giving lots of notice because they want a good reference / don't want to burn bridges or some poo poo

we gotta take the little pleasures where we can

one time i called out sick and just never came back lmao

Mandoric
Mar 15, 2003
you can leave whenever!

*you lose any health coverage, a chunk of retirement savings, will get ratfucked on reference, and don't get unemployment even if you left after being scheduled for 0 hours for a month

Moridin920
Nov 15, 2007

by FactsAreUseless
most people can't afford to miss a few days of work because they live check to check

Mandoric posted:

and don't get unemployment even if you left after being scheduled for 0 hours for a month

the trick here is to file an unemployment claim before quitting because reduction of hours of this nature will qualify you also

pushpins
Sep 11, 2006


Title text (optional; no images are allowed, only text)

TheDon01 posted:

they always say this like 'you being able to leave whenever' is some kind of boon.

Like, motherfucker I can leave whenever I want anyway.

Yea in my head I was thinking "Yes slavery is outlawed in America. Happy this company is compliant with that"

smarxist
Jul 26, 2018

by Fluffdaddy
HR reps are the vanguard of the draconian American labor system, they need whatever baubles they can get their hands on to keep their sanity, and delusion that they're not straight evil fucks.

Captain_Maclaine
Sep 30, 2001

Every moment I'm alive, I pray for death!

ShriekingMarxist posted:

HR reps are the vanguard of the draconian American labor system, they need whatever baubles they can get their hands on to keep their sanity, and delusion that they're not straight evil fucks.

They're one of the better examples you'll run into these days of the banality of evil.

22 Eargesplitten
Oct 10, 2010



Postoyevsky posted:

file for unemployment OP, you'll probably get denied initially so be prepared to file an appeal

if management wants to fight it the burden is on them to prove that you were fired with cause

Bring a record of you having an ambulance ride from your place of work shortly before being fired for missing work.

I’m just glad that I’m class traitor scum that qualified for short term disability and FMLA where I was liked enough by the HR lady that she didn’t screw me over.

big business man
Sep 30, 2012

the only protection you have from at will employment is a union contract. hell, the only protections you can rely on at work period are union contracts, op.

Raldikuk
Apr 7, 2006

I'm bad with money and I want that meatball!

Thin Privilege posted:

Problem is that I didn't show up a few times recently cause I've been sick. Obviously I got write ups. So I'm screwed. I don't have doctors notes cause I didn't go to the doctor and was just in bed for the most part except to feed my cats.

I lost 7 lbs in a week and I still can't eat except chicken broth and such so I'm going to the doctor today but regardless I'm still fired.

It especially sucks because I was the best manager in the store, everyone said so and I was also highest paid due to being best. But the area manager hated me and I overheard him LAUGHING when the store manager called to tell him I'm going to the ER. Anyways he's most likely (100%) the reason I got fired.


Really kind of should be illegal to fire someone for being sick...

Nah, I bolded the reason why.

Woof Blitzer
Dec 29, 2012

[-]
One of my friends was fired for attending the funeral of her father who died of a heroin overdose.

Sheng-Ji Yang
Mar 5, 2014


Woof Blitzer posted:

One of my friends was fired for attending the funeral of her father who died of a heroin overdose.

https://www.youtube.com/watch?v=oB2_j7c0d70

Willie Tomg
Feb 2, 2006

Raldikuk posted:

Nah, I bolded the reason why.

having been done exactly like that in the past, by a similarly inept-yet-connected piece of poo poo golden boy: i can emphatically confirm this

Captain_Maclaine
Sep 30, 2001

Every moment I'm alive, I pray for death!

Postoyevsky posted:

the only protection you have from at will employment is a union contract. hell, the only protections you can rely on at work period are union contracts, op.

This. Unionize, you idiots.

C-Euro
Mar 20, 2010

:science:
Soiled Meat
HR is cops QTIYD

Mandoric posted:

you can leave whenever!

*you lose any health coverage, a chunk of retirement savings, will get ratfucked on reference, and don't get unemployment even if you left after being scheduled for 0 hours for a month

Moridin920 posted:

most people can't afford to miss a few days of work because they live check to check

Also these

bird with big dick
Oct 21, 2015

this wouldn’t have happened if you’d voted for Hillary.

Main Paineframe
Oct 27, 2010
at-will employment also makes it really hard to enforce anti-discrimination protections

"you can be fired for literally any reason at all, except for this short and well-defined list of reasons. also, your employer doesn't have to give you a reason, and the burden is on you to prove it was for a prohibited reason" is a terrible system that only catches anyone at all because managers are often too stupid or incompetent to even hide their bigotry

big business man
Sep 30, 2012

Main Paineframe posted:

at-will employment also makes it really hard to enforce anti-discrimination protections

"you can be fired for literally any reason at all, except for this short and well-defined list of reasons. also, your employer doesn't have to give you a reason, and the burden is on you to prove it was for a prohibited reason" is a terrible system that only catches anyone at all because managers are often too stupid or incompetent to even hide their bigotry

agreed but I will say filing EEOC lawsuits and ULPs w/r/t firing workers for unionizing are very easy to win. the problem are the penalties/length of time

A Fancy Hat
Nov 18, 2016

Always remember that the former President was dumber than the dumbest person you've ever met by a wide margin

Raldikuk posted:

Nah, I bolded the reason why.

I worked for a huge company a few years ago and, after going private, they laid off about 1/3rd of the workforce, including me.

It seemed totally random, like they just picked and chose. Until you realized it was all based on salary. They got rid of anyone who had been around for a long time and anyone (like me) who had changed departments more than once and negotiated a raise every single time. They were left with just the people making the entry level salaries, or a little bit more.

I was in the transportation department and the entry level salary was $40k. I made about $50k which put me on the chopping block.

StashAugustine
Mar 24, 2013

Do not trust in hope- it will betray you! Only faith and hatred sustain.

Hm we cut all of our experienced people and now our service sucks and nothing works, clearly our people arent working hard enough

22 Eargesplitten
Oct 10, 2010



Then the C-suite got big bonuses for saving costs and everyone else got poo poo for metrics getting worse.

Willie Tomg
Feb 2, 2006

StashAugustine posted:

Hm we cut all of our experienced people and now our service sucks and nothing works, clearly our people arent working hard enough

i swear to god 3/4ths of the business failures i've seen have been this exactly

StashAugustine
Mar 24, 2013

Do not trust in hope- it will betray you! Only faith and hatred sustain.

Willie Tomg posted:

i swear to god 3/4ths of the business failures i've seen have been this exactly

I remember like two years ago my store manager talking about how they were under a ton of pressure to grow sales because even though they were rising it wasn't fast enough; now wages are stagnant, everyone burns out except the part time students and the handful of people too depressed to do anything, labor is getting slashed, prices are rising, profits are falling and they're supposed to remodel a bunch of stuff including hilariously unprofitable stores who could have possibly predicted this

Thesaurus
Oct 3, 2004


Thin Privilege posted:

Really kind of should be illegal to fire someone for being sick...

It is, as long as the sickness is due to a disability (eg any underlying health issues, which can be basically anything) or because they regarded you as disabled.

If you have any kind of health condition that may have contributed to the getting sick or its severity, or to your need for the ER ride, then there's a chance. More so if anyone at the company knew of your health issues.

If it was just bad luck with the flu etc then you're probably out of luck.

Postoyevsky posted:

agreed but I will say filing EEOC lawsuits and ULPs w/r/t firing workers for unionizing are very easy to win. the problem are the penalties/length of time

Discrimination cases, including for disability, are not actually easy to win, but you might be able to get them to agree to a quick settlement if you file a charge, which is free to do.

100% file for unemployment. In some states its laughably easy to get approved. A lot of companies also don't bother contesting it.

504
Feb 2, 2016

by R. Guyovich
I don't understand how a country that had a war of independence doesn't know how to solve this.

Chinatown
Sep 11, 2001

by Fluffdaddy
Fun Shoe
Death To America

Willie Tomg
Feb 2, 2006

504 posted:

I don't understand how a country that had a war of independence doesn't know how to solve this.

the war of independence was declared by slaveowners and fought by peons, my dude

StashAugustine
Mar 24, 2013

Do not trust in hope- it will betray you! Only faith and hatred sustain.

They tried, it was the whisky rebellion and it got loving crushed

Larry Parrish
Jul 9, 2012

by Jeffrey of YOSPOS

zegermans posted:

fun fact, Montana is the only state that doesn't have at-will employment, for some reason.

California is only at will for the first 90 days

triple sulk
Sep 17, 2014



C-Euro posted:

HR is cops QTIYD

it's called human resources because humans are resources for capitalist overlords to exploit for personal gain

Main Paineframe
Oct 27, 2010

504 posted:

I don't understand how a country that had a war of independence doesn't know how to solve this.

total lack of class solidarity, so people who are employed have zero sympathy for those who aren't

bird with big dick
Oct 21, 2015

if you vote for Joe Biden this won’t ever happen to you again.

Moridin920
Nov 15, 2007

by FactsAreUseless

504 posted:

I don't understand how a country that had a war of independence doesn't know how to solve this.

We're so fuckin brainwashed with "individualism good, all problems are your fault alone, all collective action bad and CoMmUniSm"

Adbot
ADBOT LOVES YOU

Modest Mao
Feb 11, 2011

by Cyrano4747
I don't think medical reasons are covered by at-will so if your boss fired you when you were sick I'd have a law office send a letter or w/e and get some money

https://en.wikipedia.org/wiki/Family_and_Medical_Leave_Act_of_1993

  • 1
  • 2
  • 3
  • 4
  • 5
  • Post
  • Reply