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Wrongful Termination

Discussion in 'Termination: Firing & Resignation' started by Greg Knox, Jul 16, 2019.

  1. Greg Knox

    Greg Knox Law Topic Starter New Member

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    May 8, 2019

    I walked through the doors of Labor Finders to star my day and get my daily ticket. My office manager informed me the client would pick us (myself and another laborer) up from and office and return us when work was completed for the day. The client arrived late and apologized for his tardiness telling me he was just released from jail because the police had been trying to catch him with dope on him. He asked us to hold up outside the truck, he had to take care of this business with Labor Finders real quick. He returned fifteen minutes later and started cleaning his truck. I assisted wanting to make my first impression the best. After removing several small bags of trash I noticed a meth pipe full of dope. This instantly sent off a red flag but reflecting on my current situation I gave it to him and he said thanks. I was looking for that when the police pulled me over. He asked me where did I find it. I told him it was on the back seat just laying there. (Now because of the client's late release from jail all the daily work tickets had been filled and if I declined this chance to make money it would be tomorrow before I could secure any pay.) I thought to myself, I'm already staying at a homeless shelter for men. I am broke. The only dope in this truck is in his pipe. He did pay Labor Finders $15 an hour for general laborers. I am making $9 an hour. My regional manager is an awesome guy to work for I respect. What the heck Greg Knox? It's not your pipe and your not smoking it so focus on the job at hand.

    He stops for gas and buys us breakfast. In my mind anyone that buys me a meal from kindness has to have a heart. We are now heading to the job site, crossing the Pensacola Bridge is when disaster struck. The client drove over 100 mph passing every car upon the bridge scaring us (we General laborers) both past sanity. We arrive to site safely but spooked by the roller-coaster like ride. We are made notice that we are performing demolition of a 2 story residential home. This is fairly easy to me because my background in carpentry. I only exercised my full effort to make this opportunity smooth as possible. The client said no arguing with him and doing what he said will turn into a full time position for the both of us at the starting pay of $15 an hour. Great because I have no complaints or reservations about work nor fully completing any task asked of me on any job site. The client said get on the roof and tear those pitches out over those windows then remove the windows so the opening is exposed. (I knew Labor Finders did not permit workers on the roof unless prior written consent by management. Since the client signed agreements before leaving the office and who was I to question his authority? I assumed that's what the wait was for so long while he back at the office before our departure off Davis Hwy. He understood the details of contract and what the requirements were for using Labor Finders when securing laborers on an as needed basis.) I am in no position to negotiate and I refuse to argue with my boss while working. I am broke living check to check residing at a Waterfront Rescue Mission. A sanctuary and refuge for homeless men battling drug addiction and alcoholism. Since i have no drug or alcohol dependencies the only assistance i could receive from there was a Florida State identification card. Three hours into the job I only did as instructed with ease as we watched out for one another's safety.

    We completed the day and the client dropped off the other laborer at home. At this moment: I spoke of my current homeless status and that I had been living at the Waterfront Rescue Mission since February awaiting an permanent employment opportunity so I could repay my defaulted student loans continuing my course of study and get custody of my daughter whose mother passed away. It was after 6:30 p.m. and Waterfront's administration has a zero tolerance for admittance after 6:30 p.m. no matter if you are working or it's storming outside. I found out on a later date through several of the over nighters in the dorm they made exceptions because their jobs ended after 8 p.m. at times. (In no particular order the client made three stops.) Prior to stopping he called his dealer because he was taking me to Whataburger. This where I liked to eat and while waiting on my order he bought an quarter-ounce of meth from his favorite dealer. He stopped at his weed man's house for a few grams of high grade marijuana. I informed the client I was drug free but in the past I used both drugs and using drugs would derail my future plans for success. I admitted I drank alcohol on occasion and during this weak moment when offered alcohol I accepted. We arrive at the second location before 9 p.m. where I was to scrap the ceiling because he would respray it soon for the homeowner. A few hours into the job he offered me the pipe again because he knew I had been working all day and didn't have much energy. This time I thoroughly contemplated smoking meth all night because he had more than enough. Then thinking about the disadvantages of derailment off my course I declined. I stopped working after 3:30 a.m. on May 9, 2019. I got hot water out of the hot water heater because the water inside the house wasn't working, washed my body, changed into clean clothes and slept till 6:00 a.m. because we had to be back at Labor Finders to pick the other laborer up no later than 7:30 a.m. I asked for my pay during the ride. The client said its not complete but I'll give you $200 once you have finished after we completed our day's work of demolition. When we arrive at Labor Finders now I'm thinking employment is supposed to be a blessing after all i am homeless living in a shelter for drug addicts and alcoholics. I should shut up, work and make the the money while I can. I listened to myself doing just that. The client's entire demeanor changed when he noticed I was the only one not smoking weed with him plus I knew he had both drugs in his possession. The client starts blurting orders like a drill sergeant at boot camp. I fully understood what he was asking. I brought to his attention for me to complete that task I would have to be on a skilled labor ticket and I was only a general laborer but he's like i want you to show me you can do it before I hire you. I respectfully declined. Next he's like y'all back on the roof. I pull the ticket out for him to sign it and I notice in bold red letters NO WORKERS ON ROOF. I never read the tickets as they are for the signature of the employer. I hand it to them and hand it back to management at Labor Finders. I just got burned working all night for him. I didn't want to fall off a roof from sleep deprivation. I have no residual income or private insurance for surgery for broken bones. Now the client acts as though he's going to cause bodily harm to me. I told him I'd beat his ass and he definitely didn't wanna fuck with me. Now he's acting macho talking about how plugged he is and about how many black people he know throughout the city and how he gone see me. I told him I don't give a fuck who you know. I'm from Mississippi and I don't give a fuck about them motherfuckers cause they don't know me. Immah beat yo stankin ass as soon as you get in my face.

    He calls Labor Finders and gives them some bogus excuse as to why he is removing me from the site and tells me they are coming to pick me up. I knew the guy that drove the van for Labor Finders so I felt comfortable riding with him because this situation had truly burned the patience in my nerves. I'm waiting across the street in a park for the van to pull up and he sends the other laborer over to tell me what car to look out for. I did not know this car and now I am becoming a bit paranoid because he was threatening me on how plugged he is and how nobody gets away from fucking with him so I'm thinking this a decoy he sending somebody to kill me. I said fuck it I won't be the only dead motherfucker but before I got in the car I asked the LYFT driver if I could use his phone to call Labor Finders to let them know exactly what is transpiring on this site because he refused to sign and give back my ticket when I gave it him as I needed his signature to receive my pay. My phone got ran over on my birthday is the reason I had no phone at the time. I arrive at Labor Finders before noon and I waited till after 3 to speak to my manager but no one arrived and I left and said I'll deal with this in the morning.

    May 10, 2019

    I arrive before 6 a.m. to get a ticket. My manager says I was banned from that Labor Finders and 10 other Labor Finders in the region (Banding me from 11 Labor Finders in total). I asked why I was banned she responded saying the client called Paul and she only does what Paul tells her to do. I asked why would he take his side and believe him without hearing from me? He knows I work without fuss.

    I was given no verbal or written infractions during my time while working for Labor Finders in Pensacola or Alabama (These Labor Finders are both in the Regional Manager's Region. I have no history of this defiant attitude towards respecting authority, check my file). Labor Finders knew I was living at Waterfront Rescue Mission paying $10 nightly for a bed and a hot shower to keep a clean, neat,keeping a professional appearance remaining respectful at all times. What they didn't know was I spend $30 a day eating. I am stress eating because of living in a homeless mission with more politics than the White House. I have been a vegetarian for 23 years and I consume no meat in my body . What I do not understand is Labor Finders Regional Manager XXXX Y ZZZZZZ was so pleased in my work in the past that he/she paid for one night in a deluxe suite out of his/her personal account for me. He/she admired my work ethic, professionalism and drive. My hard work impressed him /her and it baffles me without comprehension and I can make no sense of this situation as to why I am being penalized and out of work with no income to eat remaining homeless with a positive attitude.

    Could you please inform me if I have a wrongful termination case. I have contacted over 20 Law Firms and I have been told I have no case and representation on my behalf is not required. Presently I am without work and living on the streets full time. I still remain positive because it reflects my spirit and it is enough negativity inside the minds of those affected with the state of homelessness. Any direction pointed with positive results is greatly appreciated.

    Thank You,

    Greg Knox
     
  2. Zigner

    Zigner Well-Known Member

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    I think that is a pretty fair analysis of the situation.
     
  3. army judge

    army judge Super Moderator

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    If a person does work for an entity that hires day laborers, one does so as a contractor, not as an employee.

    You were in a very precarious situation.

    You lived to tell about it, and I am sure you learned a lesson.

    As a contractor, you can't be illegally discharged.

    I wish you well as you walk the path of recovery.

    I have no doubt you'll one day turn your life around.
     
    Greg Knox likes this.
  4. PayrollHRGuy

    PayrollHRGuy Active Member

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    The person would be an employee of the day labor service.
     
  5. zddoodah

    zddoodah Well-Known Member

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    I didn't read your incredibly long post, but let me ask you a question.

    Suppose some anonymous stranger on this internet message board tells you, "you absolutely have a good case!" What then? What good is that going to do you?

    The reality is that, if 20 lawyers have reviewed your case and concluded it isn't viable, nothing anyone on the internet tells you is going to be of any value to you.
     
  6. Zigner

    Zigner Well-Known Member

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    Not disagreeing with you at all - just pointing out that over 20 law firms reviewed the matter and advised the OP he has no case. It's entirely possible that more than 20 attorneys reviewed the matter.
     
  7. army judge

    army judge Super Moderator

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    hmm.jpg


    https://www3.whataburger.com/food/nutrition



    hmmmm.jpg
     
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  8. cbg

    cbg Super Moderator

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    I just couldn't read a post that long so let's cut to the chase.

    To have a valid claim for wrongful termination, there must be a specific law that was violated by your termination; a law that says "You cannot be fired because of ____". What law do you believe was violated in this case?

    (I think it's a pretty good bet that if you've been told by 20 lawyers/firms that you have no case, that you have no case)
     
  9. Greg Knox

    Greg Knox Law Topic Starter New Member

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    who wants a case. I simply need to know of rights. if it happens once then it to can happen again. unlike the first time i will know of exactly what to do.

    ok naysayer talking down on me for being a vegetarian...its expensive as heck dude when living in stressful times and eating fast food while working when i was working...you should go vegan for a whole minute and tell me how you like it....lets stick to the legal matter here respondents. I merely tried to paint a picture adding background information.
    thanks for responding thus far
     
  10. Greg Knox

    Greg Knox Law Topic Starter New Member

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    after i completely read the Constitution of Florida and a few more things i will let you know exactly what laws have been violated until then I can only post and see what direction points to in my research
     
  11. Zigner

    Zigner Well-Known Member

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    SMH

    If you don't have a case then that means that nothing illegal has occurred.
     
  12. Zigner

    Zigner Well-Known Member

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    Or, at least nothing that you would have a shot at recovering anything for.
     
  13. Zigner

    Zigner Well-Known Member

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    None of those 20+ firms advised you of that? Amazing...
     
  14. PayrollHRGuy

    PayrollHRGuy Active Member

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    What laws do you now maybe, kinda, might have been broken?
     
  15. Tax Counsel

    Tax Counsel Active Member

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    I did read through your post, and nothing in it suggests a good case for wrongful termination. You were employed with a day labor company. You were sent out on a job and ran into a conflict with the client on the second day of work. The client was wrong to have you work on the roof since the terms of the contract the client had with the day labor company prohibited that, but your confrontation on that issue apparently lead to this:

    The next day the day labor company declines to hire you for more work and tells you that you are banned from working for any of their sites. The company makes that decision after speaking with the client.

    Here's the essential problem you have. Even if the failure to hire you for more work is a termination (and it's not clear that it was, rather than just declining to hire you for more work), the law in Florida as well as in 48 other states is that employment is "at will". This means that you and the employer are both free to end an employment relationship for pretty much any reason. As to employers, though, there are a few reasons that the law does not allow an employer to terminate you.

    The prohibited reasons include firing you because:

    • of your race, color, religion, sex, national origin, citizenship, age, disability, or genetic test information under federal law (some states/localities add a few more categories like sexual orientation);
    • you make certain kinds of reports about the employer to the government or in limited circumstances to specified persons in the employing company itself (known as whistle-blower protection laws);
    • you participate in union organizing activities;
    • you use a right or benefit the law guarantees you (e.g. using leave under FMLA);
    • you filed a bankruptcy petition;
    • your pay was garnished by a single creditor; and
    • you took time off work to attend jury duty (in most states).
    The exact list of prohibited reasons will vary by state. Florida, though, has very little extra protection above what federal law requires. In any event, it is certainly legal for the day labor company to refuse to hire or terminate you because of the conflict you had with the client. Even though the client was wrong having you on the roof, telling the client that you'd "beat his ass and that he definitely did not want to fuck" with you and that "Immah beat yo stankin ass as soon as you get in my face" set yourself up to be fired. Firing you for that conflict with the client is not among the prohibited reasons I listed above for firing you, so that termination would be perfectly legal. And that is likely why those 20 law firms said you had no case. And contacting employment law attorneys is pretty much guaranteed to get you the same response if you provide them the same story you told here. Like it or not, there is nothing in what you said that indicates the employer fired you for any of the prohibited reasons I listed. [/QUOTE]
     
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  16. army judge

    army judge Super Moderator

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    I am a life long meat eater, and an apex predator.

    I began my life of predation at age 17, when I joined the US Army.

    I have no interest in becoming a "vegan".
     
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  17. cbg

    cbg Super Moderator

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    You realize that your dietary preferences have absolutely nothing to do with your employment, correct?
     
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  18. Greg Knox

    Greg Knox Law Topic Starter New Member

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    Tax Counsel, thank you for your unscripted response. I must admit my response to the situation was childish in reflecting over this matter however my words only reflect the atmosphere I am placed in. In my research I recently read what you brought to attention when you posted your comment.

    I left Mississippi in search of employment with a full time position to pay off the remaining balance of my student loans and to continue my degree. After exhausting my funds I sought after employment through the temp agencies while awaiting confirmation from one of the reputable companies I applied to. I thought wrong and invested too much time working for these temp agencies however in my mind I thought it was small steps leading to the means of an end.

    Thank you for providing an eye-opening experience with your words. Any other helpful information that you recommend reading, please do, pass along.
     
  19. Greg Knox

    Greg Knox Law Topic Starter New Member

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    Thank you for making note of that so in any future post I will only make reference to the business matters at hand.
     
  20. cbg

    cbg Super Moderator

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    Thank you. It will be greatly appreciated if you would limit your postings only to the relevant facts.
     
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