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Wrongfully terminated

Discussion in 'Termination: Firing & Resignation' started by dckrtny, Mar 10, 2010.

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  1. army judge

    army judge Super Moderator

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    Contact the union and ask them for help.

    Tell them you were turned away from several programs and didn't know where to go.

    Ask them to help you get your job back, and help with your medical problems.

    They might say no at first.

    Then you start crying and begging them to help you.

    That usually gets their attention, because people like you to say you can't do this alone.

    You tell them only the powerful fair union can help protect your rights and your job.

    Then say, I paid dies to be protected and for you to fight for me.

    Will you fight for me and help protect my job?

    If it fails the first time, call back an hour or so later and try it again.
     
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  2. dckrtny

    dckrtny Law Topic Starter New Member

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    I had a car accident in July I think, I fell asleep on my way home from work while driving. I was out for a month or so , I have 3 herniated discs in my neck. When I returned to work it just wasn't the same. Usually when someone is out f work for a long period of time we would collect money for them and all sign a card.NOPE ,not for me, only my few true friends sent me cards while I was at home. There were two other Nurse Assistant 2's on night shift. Another guy and girl. It was just us three. NA2's are orderles. Our job was to assist Nurse aide 1's in nightly rounds, deliver supplies to entire facility, goto the morge , stuff like that. But , ever since my accident i was shocked how ignorant most of my co-workers were. I started going to school on line for dog obedience instructor. So, for the few months I came to work did whatever I was asked by everyone, and I did a very good job, I was told several times I lifted better than some men. But , when not busy I just read and did my homework and kept to myself. When My supervisors would ask what I was reading I would just say dog stuff, then they wouldn't ask again, just try and lokk over my sshoulder or have one of their cronies they knew I would talk to ask me. I.m sure they report back. Plus everyone was wondering why I was loosing weigh.I was honest, I even said to someone. Just wait til the weather warms up, because then I will be riding my horses and gain my muscle back,then I made a comment "Then you's can ssay whatever you want, I'm gonna be in great shape". You know the rest of the story. Oh, they also lied to unemployment and the union is arbertrating for me to get my job back.
    Although I'm terminated I still didn't receive my retirement cash-out
    Union rep. and president said I wont get back until done arbertrating

    That's nice huhsuspended without pay on Black Friday,no uc and no retirement check Yeah Merry F#$@%$ Christmas and Happy %$#@*$ New Year to me HUH
     
  3. dckrtny

    dckrtny Law Topic Starter New Member

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    THen what?
     
  4. dckrtny

    dckrtny Law Topic Starter New Member

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    DO I have any type of case?
     
  5. dckrtny

    dckrtny Law Topic Starter New Member

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    What law or right did they violate?
     
  6. dckrtny

    dckrtny Law Topic Starter New Member

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    erratic behavior- I fell asleep
     
  7. Patricia_Young

    Patricia_Young New Member

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    OP, stop making multiple posts for every new piece of information. Combine your answers to a response into one single post, please.
     
  8. dckrtny

    dckrtny Law Topic Starter New Member

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    is that breaking a law? Doesn't that prove malice?what are the damages if any?
     
  9. dckrtny

    dckrtny Law Topic Starter New Member

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    You could ask nicely
     
  10. cbg

    cbg Super Moderator

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    When you are asking volunteers to provide you with legal information for free, it behooves you to be polite, and to make it as easy as possible for the responders to answer you. I saw nothing impolite in Patricia's request, and no ignorance in her responses either. You, on the other hand, are making it very difficult for us to follow your thread by posting multiple responses instead of putting your information in an easy to follow sequence.

    Please take note; it is not necessary for you to have violated a law before an employer can legally fire you.

    If you believe that the employer has violated any laws by terming you, please specify WHAT laws you believe were violated.
     
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  11. dckrtny

    dckrtny Law Topic Starter New Member

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    I 'm not sure. I don't know theses laws I'm not a lawyer. So ,that is why I am asking for help. Are you a lawyer? If so , help me please
     
  12. army judge

    army judge Super Moderator

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    Try the easy way first.

    You're right, as I see it you broke no laws that would have gotten you fired.

    You do need help and you know why you need it.

    Yes you can sue.

    Will you win?

    Highly doubtful.

    That is why you have to prevail on the better nature of people.

    See if the union will help you.

    If not, you can try to use your skills at another employer or nursing home.

    Most of them are always in need of good employees.

    We have a son in a nursing home.

    He has been brain dead since 2001.

    I know what goes on in some nursing homes.

    We had to move James three times before we found the one that takes good care of him.

    I know how hard good people work to take care of him.

    I know if these people don't do right by you, someone will.

    Try the union rep first.
     
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  13. dckrtny

    dckrtny Law Topic Starter New Member

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    What could I sue them for?
     
  14. cbg

    cbg Super Moderator

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    To be perfectly frank, the only reason I see that you could sue, is that anyone with a filing fee can sue for any reason. I could sue you, because you wore green shoes on Tuesday. Doesn't mean I'd win, but I COULD sue you for that.

    I see no legal grounds for you to sue. I see no way for you to win a suit. You may not have broken any laws, but neither did the employer.
     
  15. dckrtny

    dckrtny Law Topic Starter New Member

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    Sorry, I don't know the laws. I'm not a lawyer, so if you could maybe give some advice . I have really been ridiculed and treated like a piece of dirt enough from everyone else. Can't anyone see I am just asking for help. I don't know theses type of procedures. If you were asking advice on something , I was familiar with, for example . What products do nursing homes use on bed sores? Would I expect you to know the answer.
     
  16. Patricia_Young

    Patricia_Young New Member

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    You got the legal answer. A whole bunch of times.
     
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  17. cbg

    cbg Super Moderator

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    Your option is to find employment where they will treat you the way you feel you ought to be treated.
     
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  18. dckrtny

    dckrtny Law Topic Starter New Member

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    Ok, if that's the case, shouldn't my old employer give me my retirement money that I should of gotten 3 months ago???????????????
     
  19. cbg

    cbg Super Moderator

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    This is the first time you have mentioned any retirement money, and it is not clear by this first reference what you mean by that.

    However, regardless of whether you mean a 401k plan or a bona fide pension plan, either is VERY heavily regulated by Federal law, and in neither case will you simply be sent a check for the funds.

    You will need to give us FAR more information than you have, before anyone can give you any kind of informed response.

    I would suggest that you start a new thread for this question/
     
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  20. dckrtny

    dckrtny Law Topic Starter New Member

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    When I was terminated, I was told I had to either roll-over my retirement or cash it out. Beings I did not have another job to roll it over ,I was told I had to cash out. I went and signed the paper work in the beginning of January.
    When had union hearing on March 1,2010 and are going to arbirtration for my job back. The union representative told me I will not get my retirement until arbertration was complete. When I talked to human resources afterwards about it, she asked me if I received a termination paper. I said yes, her reply then was, then you are to receive your retirement check. She said if your terminated your terminated . It doesn't matter if the union is arbertrating. I want to know, if this is the reason I haven't gotten my check yet ,is it legal? My sister was terminated last year due to a workmans comp issue and she received her check in 3 weeks. Why haven't I gotten mine?
     

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