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Discussion in 'Employment, Labor, Work Issues' started by EndOfStory, Aug 31, 2014.

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  1. army judge

    army judge Super Moderator

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    They thought you'd fold. That's very telling. Now, sit back, enjoy your life, this will take time. There's no fast track when you're in court.

    Let the lawyer do the heavy lifting. That's what the fee bought you. All the ducks in a row.
     
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  2. EndOfStory

    EndOfStory Law Topic Starter Member

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    Guess they didn't hear about me and my 4 brothers awakening every morning to my dad playing the Bugle or him flipping a quarter on the bunk beds to make sure our beds were made properly. I was brought up by a Chief Petty Officer and after those 23 years He became a Court Officer for 20 more years so if they thought i wasn't gonna fight they were mistaken. The hardest part was getting the help i needed to pursue this. Am not counting on unemployment after i take 2 weeks of stress free vacation, which i haven't taken since 2011 am gonna pursue a degree in Law, always wanted to be some sort of Law am not thinking to be a lawyer but some firld to help people with matters such as the one i was faced with. Paralegal am thinking, any help or info on how to go about that would be appreciated. Thanks Judge
     
  3. army judge

    army judge Super Moderator

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    Your dad, God bless him.
    Sounds a bit like my dad, great people came out of the generations prior to today's ilk.
    Anyway, my daughter lost her husband in Iraq a few years ago.
    He was a great guy, hard worker, common sense kind of fellow.
    So, Lauren, my daughter wanted to return to school, further her education.
    She just graduated from a paralegal program.
    She's working for state government.
    I suggest you start by looking at local community colleges.
    Thse programs are certified, and extremely cost effective.
    Most allow you to graduate earlier by taking a bigger course load.
    Let me know if you need a recommendation, I'd be happy to write a letter for you.
     
  4. EndOfStory

    EndOfStory Law Topic Starter Member

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    Thank you for your interest in Briarcliffe College in Patchogue. I see that you requested college information and would like to speak to you in order to assist you further. Thank You Judge for that kind offer and if it is something i ever need i will let you know.

    Am so sorry to hear about your daughter's husband. I can remember waiting at the airport for my dad to come from Vietnam and not knowing if he was gonna walk off the plane or not. I was only 5 yrs old and i can vibitly remember standing at the window looking for him to exit the plane and thank God he did. I sat with him 4 days straight at his bedside watching him die of a horrible disease Alzheimer's and never left his side. He was in the Veterans Hospital and to this day am grateful i had the chance to repay him back for all he did for me. His disease allowed me to care for him during the time he was in the Veterans home. I took 7 months off of work during his time there to care for him and spend valuable time before he passed away. My job was probably afraid i'd be doing the same with my Mom because i live with her and recently she has been taken to the hospital 3 times since May. She feel down the 12 steps in the house and fractured her back at age 79 so i missed a lot of time to be home with her. My company should be ashamed of themselves. They pride themselves calling there business a family business. Wouldn't wanna be part of there family. Anyway getting ready to take mom to church. Its an early Mass today mom says its a special needs Mass :) I said that's fine we all have special needs. Your a good man Judge and am glad this issue in life has brought something good from it.
     
  5. army judge

    army judge Super Moderator

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    You're much too kind, but thank you.
    Anyone that would care for his dying father, and attend to his afflicted mother, God bless you.
    Yes, I said God, and NO; I'm not sorry offering the blessings of my Lord and Savior to another human being.
    Alzheimer's, a horrible disease for sure.
    We lost my mother, my father, my mother-in-law, and now we're losing my father-in-law to Alzheimer's.
    My FIL will be 99 years old in October.
    The family wants to throw him a big birthday party when he hits the century mark.
    By golly, I hope he makes it.
     
  6. EndOfStory

    EndOfStory Law Topic Starter Member

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    Good Morning Judge. I got a phone call this morning from my union telling me i was returning to work but i have to have a meeting at before i can return to work. Do you think its some sort of lie in order for my 30 days to end and then say we were mistaken ? That's my fear at the moment do you have any suggestions on what i should do?
     
  7. army judge

    army judge Super Moderator

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    I suggest you talk with your lawyer.
    If it were me, I'd let my lawyer tell them.
    Is it a ploy?
    I don't know.
    I'd be leery, because many things could happen.
    If you do return, watch your back, obey ALL rules.
    Easy for you, but don't slip.

    Tough one, if you do return, make plans to RETIRE within one or two weeks of my return, I'd be retired.

    Tough tough call.
     
  8. EndOfStory

    EndOfStory Law Topic Starter Member

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    I have a meeting at the Companies main office Friday and there gonna tell me what store am going to. I ain't returning to my old store. They don't want me to rub it in my old managers face. Shame on him rubbing something in someones face isn't me. I'd only say to him shame on you for being a puppet. I could never let someone to do things to people just because someone tells me to. I'd rather dig holes for a living them be a puppet. After the meeting i will go back to my old store just to pick up my pay stubs and to let everyone know who won! My union says they'll probably send me to where my brother in law is a manager which is fine with me its only 10 miles from where i live, i was driving 65 miles each way to my old store. I don't know what changed there mind but i said to my union rep today on the phone i guess my insurance is still good. He said yes you were never terminated. That 2 timing piece of you know what. Last week he told me when i asked him how long i had before it was no longer any good and he said i would use it till the end of the month. What a piece of s#It he is. Lol And yes judge am gonna get the surgery on my back that my surgeon wanted to do 2 years ago when he saw my MRI he said i'll see you next week for surgery but i put it off to be with my dad. So now i think i'll see if my back will get me my ssdi and my pension together and enjoy myself and the time i have left with my Mom. Life is to short. Your a saint Judge and am adding your Father in Law to my pray group :) He will love the party your family is gonna give him and God Bless your daughter for going back to school when she could of just be angry with the way she lost her husband. God Bless America :)
     
  9. army judge

    army judge Super Moderator

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    Two things happened, God, its always in His hands and your lawyer.
    Funny what happens when a person stands up for themselves.
    Good luck....God bless our constitution.
     
  10. EndOfStory

    EndOfStory Law Topic Starter Member

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    SO So true Judge.... Had i done something wrong and got caught i would of taken what was given, but since i did nothing to warrant getting fires i certainly was gonna fight till the end. I got 9,750.00 back from my Lawyer lol I tipped him a 100.00 and Thanked him for contacting me from this site. Without this forum and people like yourself and others i probably be unemployed. Opps that reminds me i got to contact them since my status is still pending lol I will pay forward what i was paid and that's to help anyone who needs advice and doesn't know how or who to talk with. My interest in Paralegal is still my main goal. Wouldn't feel complete till i do what i always wanted to. First night of sleep in a month that i won't be thinking of my job status. lol
     
  11. army judge

    army judge Super Moderator

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    God bless us all my friend.
    Yours is a cautionary tale, and I'm happy everything worked out well.
     
  12. EndOfStory

    EndOfStory Law Topic Starter Member

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    Judge i just received 4 weeks of unemployment pay. :) So even though am returning to week next week i was awarded unemployment pay for the 5 weeks i was out of work. That is going to make my company angry. lol They told me my company didn't have good cause to suspend me never mind terminate me. Life is good again. Enjoy your weekend Judge
     
  13. army judge

    army judge Super Moderator

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    I have rarely seen happy endings or positive outcomes insofar as the law is concerned.
    It isn't that the laws are bad, or justice is callous or uncaring, its that people mess up their own causes by DOING STUPID STUFF.
    DON'T DO STUPID STUFF.
    You avoided doing stupid stuff, my friend.
    I'm happy for you, because I always enjoy it when the little guy gets his or her due.
     
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  14. EndOfStory

    EndOfStory Law Topic Starter Member

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    Happy Monday Judge... Well lol So i go to the Company;s Main Office today to meet with the Director of Labor to what i thought was to discuss the incident and to find out what store i would be transferred to. Lol But in reality it was to sign a piece of paper stating that i had stole company time and blah blah and there not transferring me in fact am staying at the store i was fired from. But my union rep says to me last week ' I Was Never Terminated" I wanted to say you piece of you know what lol I said instead of so that part at the end of the meeting when the Labor Director said This is the part of my job i don't like doing but the companies position hasn't changed from suspension pending termination. Then i said and i had another dream on the phone with the Field Director of Your union because i don't have a union lol when she said as far as blank blank ... My Company..is concerned your terminated. I said yea i found that out when my alarm didn't go off the past 3 weeks and there was no money deposited in my checking account , but how is my union gonna fight for ME getting it back, because if i didn't fight for myself i'd be looking for another job. How people can take a job and a pay check and do what they do to people is beyond me. So am guessing the paper to sign was to appeal my unemployment money i was given. They will say i signed saying i was guilty of what they suspended me for and therefore i wasn't entitled to unemployment. And to use the other things to use as future made up things to terminate me. Because i know damn well fired me and figured i'd walk away without fighting and then realized they didn't have ' Just Cause to fire me or believe me they would of fought but they would of lost with the evidence they had. And then they would of paid me back pay for the year. So they figured instead of me getting unemployment and fighting the Case they say i was never fired and he won't get unemployment and next time we will make sure there's is enough to fire him and guess what? lol That surgery i put off for my back to take care of my dad, Well i think now that am not fired lol and being out of work for 5 weeks and sitting around is never good for the back, am afraid when i pick something up the wrong way or something silly happening i'll go see my doctor and say you know what Doc you were right am not gonna be able to get threw life without that surgery. lol And like you said the court officers aren't to bright when they let you in the pool betting what your wearing under your robe, lol Am getting in the pool at work for when his back gonna go out. lol Cause i heard the odds already lol That is sad that a Company would rather harass an employee who is given more compliments by customers then any other employees. Someone i worked with told me my last store manager said i was better then 90% better then all the asst managers he worked with and then a week later he was trying to say i was incompetent and unable to order the aisle i worked in all because he said to a woman your an animal and belong back in the woods. Guess what she was black. So i know what am facing when i return to work Thursday and its either them winning or me winning and i would think i have the advantage in this round being what could i do wrong the first 5 mins of my day lol btw that was the odds i bet on. lol I deserve to walk away on my terms and not there's. And that's why i signed there piece of paper trail today because the odds were in my favor.So now i have to call unemployment and tell the person who awarded me it and explain to him why i signed they lies and hopefully he'll understand and keep my payments as they were. If not i'll give back there money and trade it in for workers comp :) I believe workers comp is a few hundred more a week they unemployment lol And honestly Judge i won't fear Karma when am riding in that ambulance because they made my back go out haha Hopefully Judge you understand it's either me or them and understand i don't deserve the way my company has treated me JUST because someone with a power trip wants to pay me back for something they did wrong and let them know it was wrong. STAY TUNED :) Just thought you'd like to know the update and basically its just for you because the others all had me being in the wrong and honestly they sound like the people who would do what others told them because they have no backbone to stand up and say am not doing something to someone just because you don't like him. ttul Mr Judge
     
  15. EndOfStory

    EndOfStory Law Topic Starter Member

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    5 days later i was suspended again for enforcing my Weingarten rights when i was called into the Managers office. I went in and saw my manager and the asst vice president sitting there. I was told to take a seat and i asked what this was about and was told to sit and i'd find out. I then said am enforcing my weingarten rights and the asst vice president asked what that was and i stated am not answering any questions until i have union rep here. They then called the shop steward into the office and i called my union rep and told him what was going on and he informed me that the shop steward wasn't allowed to because of the union contract that changed. He asked me if they suspended me and i said no all i said was i wanted my union rep here if there's gonna be a discussion among us 3. The asst vice president was my store manager 7 years ago who said to me " I should just put a bullet in my head" So now he is asst vice president and i feel uncomfortable being around him and didn't want to be in the office alone with him and my store manager because i know they would make up things that i said just to fire me. This is becoming unbearable. I have a union meeting this coming Tues and not sure of the outcome or what course of action i should take. I was told by the union rep that my manager told me serval times to take the u boat out to the aisle instead of loading up a table and working off of that. He never said that to me other then today and he only said it because the asst vice president told him to say it. I just said ok and now there lying to cover up them harassing me. I should of just done what i said i was gonna in my last post. But it isn't me but it felt good saying it.
     
  16. army judge

    army judge Super Moderator

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    Wow, what saga. This could make for a very entertaining tv drama.
     
  17. EndOfStory

    EndOfStory Law Topic Starter Member

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    lmao @ judge. It will never end though so it would have to be a soap opera. Its so sad that grown men have nothing better to do but harass me. They haven't gotten what they want and that is killing off the star of the soap opera.
     
  18. army judge

    army judge Super Moderator

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    My friend, you're the star.


    They wouldn't exist without you, me, and what the "cool kids" call; the "little people".

    We all remember the infamous Leona Helmsley. LOL

    Following allegations by unpaid contractors that work done on her home had been charged to her company, she was investigated and convicted of federal income tax evasion and other crimes in 1989. Although having initially received a sentence of 16 years, Helmsley was required to serve only 19 months in prison and two months under house arrest. During the trial, a former housekeeper testified that she had heard Helmsley say:
    "We don't pay taxes. Only the little people pay taxes", a saying that became notorious and was identified with her for the rest of her life.




    Oh, about the soap opera, it could be called: As The Wild, Wooly, Wacky, Wicked, World of Weingarten's Turns. LOL


     
    Last edited: Oct 10, 2014
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  19. EndOfStory

    EndOfStory Law Topic Starter Member

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    CONSTRUCTIVE DISCHARGE........ Is what is gonna eventually end up happening. I should be paid for being suspended this time. I have every right to enforce my Weingarten Rights. I was paid once before for my company violating the same rights a few years ago. I will ask my attorney if a lawsuit can be won if i quit due to me being harassed daily at work. Lets see how my union wiggles there way around me using my rights to refuse to talk when called into the managers office. I know the union isn't gonna fight for me being paid and am gonna call the labor board and tell them my rights have been violated due to unfair labor practices. How am i doing Judge with the labor laws? Lol Learning on the job is never the way you want to learn but its easier when your fighting for YOUR own rights :)
     
  20. ElleMD

    ElleMD Well-Known Member

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    Legally you never have to be paid if you are not working. Employers may opt to do so, but not because the law requires it. You can not sue because you were not paid for days not worked.

    Constructive discharge has a specific meaning under the law and being "harassed" over having violated a policy does not meet that definition.

    Weingarten rights are also fairly narrow in scope. They only apply to investigatory meetings. It isn't clear if they were still investigating or if this was to impose discipline or carry out some other purpose. the right to remain silent is also limited to criminal law, and does not extend to employer interactions. No one can make you talk obviously, but you have no immunity should you opt not to cooperate and your employer is entitled to hold that against you.
     

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