By Myzyri - 08/06/2010 07:11 - United States
Myzyri tells us more.
I am the original poster. Several people (not from this website) suggested I sue. For $250, I got a lawyer to write a threatening letter to my previous employer. By the way, I worked in the accounting department for a beer distributor with about 80 locations in the midwest. The lawyer kept it vague since my employment was "at will," but did mention the Civil Rights Act hoping it might scare them a little since Civil Rights violations are bad for business reputations. Basically, I'd heard my old boss telling jokes about blacks, Hispanics, Polish people, etc. With me being Polish (half-Polish, but with a "ski" name), my attorney said it was the only possibility we had so long as we could get other people to say they'd heard him tell these jokes. It would show that he was prejudiced by nationality (national origin). I knew several of my co-workers had heard his jokes before and thought they were distasteful, but I wasn't sure they'd come forward since they were still employed there. We knew it was a long-shot, but for $250, I figured we'd try anyway and maybe they'd settle quickly and easily just to make me go away. I doubted that would happen, but I was thinking it was worth it if I could at least get a little money out of them to help my family make it through if I couldn't get another job for awhile. Anyway, the VP (the owner's son) actually called me to get details on what happened. I basically told him that my boss was always snotty with me and based on his jokes, it might be because I'm a "Pollack." Apparently, when my old boss filled out the paperwork for my termination, he wrote down that he fired me because of excessive tardiness (I have NEVER been late and, in fact, I was ALWAYS 30-45 minutes early even though I was salaried). I explained the situation from my perspective and the VP said he'd get back to me. Three days later, he called me and said that he personally looked into it. The electronic access cards we use to get into the building have a database that records when people come and go. It proved I had been EARLY and hadn't missed a day of work in the last 6 months (that's as far back as the records went). He said he also talked to my co-workers about my "level of character" and my old boss. Based on everything he found out, he fired my old boss for falsifying company documents (my termination papers). In the end, since I met all the qualifications for my boss's job, the VP offered it to me. It comes with a five year contract instead of "at will" employment and even better, it's a 20% pay increase. Finally, to seal the deal, they gave me an $8,000 signing bonus. I've decided not to sue and I start again on Monday! FML Rescinded.
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go get some beers, a few hookers, yarn, and some eggos... and bubble gum... tomorrow you will wake up refreshed for the unemployment line.
#105 Oh, just leave Tokio alone. She's perfectly nice! And for all of the people who have bashed her make-up in previous FML topics, I actually quite like her make-up. It's sad that some people feel the need to bully others just because they're creative and different.
Wrongful dismissal suit ftw?
There's an important distinction here between being fired and being laid off. If you're fired, that is terminated for a fault of your own, the company doesn't have to pay you severance or any other end-of-employment benefits that may have been in your contract. You also may not qualify for certain unemployment benefits if you were officially fired for misconduct; search around for your state's regulations. If you're laid off, on the other hand, you're entitled to full unemployment benefits plus whatever severance or end-of-employment benefits may have been in your contract, and grasping at straws for reasons to fire you instead of just "letting you go" could have been an attempt to avoid having to pay those benefits out. If this is the case, you can definitely sue for the benefits, unless you signed a binding arbitration document as part of your contract, which you probably did. Speaking of which, mandatory binding arbitration agreements in employment contracts should be ******* illegal. You're signing away your right to ever accuse your employer of any wrongdoing in court, in favor of arbitration by judges in the employ of the company; and they're so widespread now in the corporate world that you'll starve if you refuse to sign them. It's the most blatantly corrupt bullshit I've ever seen.
Not true. You can still get benefits if you've been fired. My father was fired from several jobs--flat-out fired, not laid off-- not for any fault of his, and did get benefits.
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you can sue. they cant just fire you for no reason.
Dude, if you're for real... Then that was a win of epic proportions. Congrats on the promotion and showing that douche what happens when you mess with the wrong model employee.