[ May 14, 2004, 02:53 PM: Message edited by: mackillian ]
Posted by Noemon (Member # 1115) on :
This sucks.
I don't know what to tell you Jamie. I'm sorry that you're going through this. I'm not sure what to do next.
In the long run I think that you'll probably be happier for not being there, but I wish that you'd been able to leave on your own terms.
Posted by kwsni (Member # 1831) on :
Bastards.
At least now you can find a job where they won't treat you like crap.
Ni!
Posted by Jenny Gardener (Member # 903) on :
First, you mourn. I'm so sorry, Mack! It was getting bad for you, regardless of how the story ended.
Stick close to your support people, and make sure to keep your docs aware of your circumstances.
Also, if you think it might help, see a lawyer. Posted by Olivetta (Member # 6456) on :
I also support the lawyer angle. Couldn't hurt. Posted by Noemon (Member # 1115) on :
Yeah, that does sound like a good idea, unfortunately. All of Jenny's advice is, as usual, quite good.
Posted by mackillian (Member # 586) on :
I'm trying to figure out if I'm even eligible for COBRA. Apparently you don't qualify if you are terminated for "gross misconduct."
Posted by Theca (Member # 1629) on :
That's just unbelieveable. And grossly inaccurate. And you should be calling a couple people local who can give you the best advice about this.
OTOH, you knew you weren't going back there anyhow. You have a lot of options.
Posted by mackillian (Member # 586) on :
Yeah, I'm going to call NAMI once I speak to my docs.
Posted by Theca (Member # 1629) on :
Can't the fmla be turned in retroactively? I would think so, they've been contacted all week by him.
Posted by Megachirops (Member # 4325) on :
Good luck.
Posted by Ela (Member # 1365) on :
Yeah, Theca, I also told Jamie to make some calls.
This really sucks. And I don't think they are handling it appropriately. Posted by aretee (Member # 1743) on :
If it's not being too forward, may I ask why you 5 days without notifying your supervisor? If that's none of my business, just tell me to butt out!
Edit: I'm so insensitive! I'm sorry that you lost your job. I hope things work out though. I don't know all your circumstances so I'm not quite sure what kind of luck to wish you...
[ May 03, 2004, 02:44 PM: Message edited by: aretee ]
Posted by mackillian (Member # 586) on :
She WAS notified. By myself Thursday prior to last week, and by my psychiatrist three days last week.
Posted by aretee (Member # 1743) on :
Oh! Then, that DOES suck. I'd be pissed off. They gave you no notice...nothing? At least they're giving you 4-weeks pay. But if you don't resign, this termination could follow you to your next job, huh? Oh, man. I'm sorry.
Posted by Dagonee (Member # 5818) on :
First, get an attorney. Even if you don't want your job back, you need to force them to correct the record of what happened.
Second, the fact that you're eligible for 4 weeks severence pay strongly suggests you'd still be eligible for COBRA.
Third, ((mack)).
Dagonee
Posted by Dagonee (Member # 5818) on :
Just saw your last post. You definitely don't need to stand for this if they were notified.
By the way, resignations in repsonse to firing, don't protect you from adverse consideration later. Most job applications ask, "Have you ever been fired, or resigned to avoid being fired." So the resignation's not an appealing option anyway.
Is this a public agency? How long have you worked there? You may be entitled to a hearing.
Dagonee
Posted by Hobbes (Member # 433) on :
(((((((Mack))))))
Hobbes Posted by mackillian (Member # 586) on :
It's a community mental health agency. I've worked there for over a year.
Posted by zgator (Member # 3833) on :
That sucks!
Is there anyone who can vouch for you that you did give notice? If it ever comes up in an interview, you'll have something explaining your side of the story and showing what buttheads they were.
Posted by Dagonee (Member # 5818) on :
OK, whether it's actually a government agency might be very important as to what kind of hearing you're entitled to - a lawyer can fill you in.
Based on the whole story as you've told it here over the last few months, it sounds like your supervisor is grossly incompetent or malicious.
Dagonee
Posted by Space Opera (Member # 6504) on :
I'm so sorry that this has happened! If it helps, try to remember that it WILL work out for the best. My husband lost his job without warning last year after breaking his back and giving his all. It was really terrible, b/c he and the owner of the company had been friends. However, about 2 weeks later he realized that he had been treated badly for a long time, and that since he never would have left the job voluntarily, it was actually great that he got fired. I know that sounds funny, but we still truly feel that him losing his job was the best things that could have happened, otherwise he'd still be working there and being mistreated. Chin up, and remember you have lots of support around here.
space opera
Posted by rivka (Member # 4859) on :
*hopping mad*
*seeing red*
First they play phone tag with your doctor, and now they're claiming there was no notice???
You do NOT have to stand for this! They are in the wrong here! Listen to Dagonee, and get a lawyer. This is NOT ok! And this is NOT YOUR FAULT!
(((((mack))))) Posted by Xaposert (Member # 1612) on :
Well, I don't know about the details of your situation enough that I could make a guess about how any legal action might turn out, but I think you might as well start looking ahead. You probably don't want to work at someplace with executives who treat you like that anyway. You are smart and you know what you want, so I'm sure you won't have a problem getting there. At the very least maybe this can motivate you to get going on getting into grad school, or perhaps finding a job where they will treat you better.
Posted by celia60 (Member # 2039) on :
Mack, if I attempted to post any of my reaction to that letter I would be banned for the profuse foul language therein.
Posted by pooka (Member # 5003) on :
For some reason my computer isn't showing the text of the letter. But I gather that your supervisor is now saying you didn't tell her you were going on vacation, and that they contacted your doctor over whether you were sick the friday before your vacation began. I'm sorry they are doing this to you.
Posted by Dagonee (Member # 5818) on :
Right - at this point you may be trying to get better severance pay, guaranteed COBRA coverage, and a promise that they won't give any info to potential employers other than the dates you left. Edit: rather than trying to get the job back.
Also, please be careful about what you sign. They cannot require you to sign anything to receive your back pay. Don't let them slip you a release. (It's been tried before.)
Dagonee
[ May 03, 2004, 03:17 PM: Message edited by: Dagonee ]
Posted by skillery (Member # 6209) on :
Does this mean more beautiful photos from hikes in the mountains for us?
I'd use my four-week's pay to buy a new float tube and some fishing gear, and spend all summer on the lake.
Better yet, move west to the Rockies and start a weekend retreat lodge for uptight, corporate types. As long as you're going to work for people who have cranially impacted rectums, they might as well be rich ones.
Posted by Rakeesh (Member # 2001) on :
On the sorta-bright side, there is at least one outright lie in there. "Didn't notify" my...butt.
I'm sorry, Jamie:( It looks as though you'll have substantial legal recourse, but it won't be fun (Jamie)
Posted by Ela (Member # 1365) on :
quote:Also, please be careful about what you sign. They cannot require you to sign anything to receive your back pay. Don't let them slip you a release. (It's been tried before.)
Yeah, Dag, I just IM'd the same thing to her.
Jamie, you should speak with a lawyer, at least for a consult, before you respond to this letter.
Posted by MyrddinFyre (Member # 2576) on :
GRRRRRRRRRRRRRRRRRRRRRRRRRR.
Good luck!
Posted by romanylass (Member # 6306) on :
I'm so sorry. I hope there is a way to get this all straightened out.
Posted by Elizabeth (Member # 5218) on :
Oh, Mack!!! I am so sorry, and so mad!
For me, the worst part of a series of really bad things is that they did not even tell you in PERSON?
As for Cobra, whether or not you qualify for it, it is ridiculously expensive.
I think you have a case, because you have a disablility, and they fired you because of it. Were you diagnosed with ADD before you were eighteen? Or with anything? Because the protection under IDEA(something Disability something Act) should help. I think.
Liz
Posted by Nick (Member # 4311) on :
You know, this could be all for the best. My dad just got laid off a few months back, but now that he has another job that he likes (and that he doesn't have to commute 2 hours to), he said that getting laid off was the best thing that his company could have done for him.
Posted by Lara (Member # 132) on :
This is not a helpful comment, but it seems really lame to sign a pink slip "yours truly"
Sorry, Mack. They're the ones losing out, though.
Posted by pooka (Member # 5003) on :
Paying COBRA premiums for a few months will probably be better than starting over with pre-existing condition exclusions on the next job.
Posted by Elizabeth (Member # 5218) on :
Eek, Pooka, I didn't think of that.
Mack, maybe you could qualify for NH's version of MassHealth?
Posted by mackillian (Member # 586) on :
*kicks stuff repeatedly*
Posted by Derrell (Member # 6062) on :
Sorry I don't have any constructive advice to offer. All I have to offer is hugs. (((mack))) I do agree with what rivka said.
You are a good person and don't deserve to be treated this way. I know you're good at what you do. You'll find another job, maybe even a better one. Just don't let these jerks get the best of you.
(((mack)))
Posted by Rappin' Ronnie Reagan (Member # 5626) on :
I'm so sorry, Mack.
My mom was fired unjustly from her job and went through a mediation involving some state agency, I forget the name, and it turned out well in the end. I hope your situation does, too.
Posted by Storm Saxon (Member # 3101) on :
Sorry for your misfortune, Mack. I don't have anything to add to what has already been said, other than to say that I hope you find a better job soon. Good luck. Posted by Ben (Member # 6117) on :
hey you, call me tonight.
Posted by Mrs.M (Member # 2943) on :
mack, New Hampshire is covered by the Boston Area office of the EEOC (Equal Employment Opportunity Commission). I suggest that you call them tomorrow and ask to speak to someone about your situation. 800-669-4000
I'll IM you later.
Posted by Troubadour (Member # 83) on :
Mack, I'm so sorry to hear this, it's unjust and outrageous. You definitely cannot just let this go. Like everyone else said - get some legal advice.
(((mack)))
Posted by Dragon (Member # 3670) on :
(((Jamie)))
Posted by Dead_Horse (Member # 3027) on :
Mack,
I'm so sorry this happened to you. It makes me very angry. It's pretty similar to what happened to me. I agree with those who have said to get a lawyer. File a report with the EEOC and follow through even if you get another job. (I didn't, and now I'm screwed. It happened again at my next job.) Apply immediately for public assistance and health coverage. Usually disabilities have different rules as far as assets go. Without an income, it may be impossible to keep up with COBRA payments. You need to be able to continue to see your P-doc during this time.
Don't let 'em get you down. Keep in contact with your support groups. Kick some more things. Grrr.
Rain
Rain
Posted by Narnia (Member # 1071) on :
(((mack)))
Posted by Elizabeth (Member # 5218) on :
Mack, if you want to get away, you are welcome here.
Posted by Scythrop (Member # 5731) on :
Hey Mack - Don't know enough about US labour relations to offer advice, and from the looks of this thread you don't need any more, anyway, but that really sucks. Hope things start looking up real soon.
Posted by Eaquae Legit (Member # 3063) on :
(((mack)))
--|-- to them. That really sucks.
Posted by Belle (Member # 2314) on :
Okay, I can't really offer any more advice on the current situation,but I do know there are very specific laws about what can and cannot be said by a former employer when you are applying for a new one.
Most places, out of fear of potential litigation, only verify dates of employment. That's it.
There are certain things they can't say to anyone who calls to verify dates of employment. Try not to be too worried about that.
(((Jamie)))
Posted by sarcasticmuppet (Member # 5035) on :
*hugs mack*
Listen to everyone else about legal action. They're smarter than me. I'm so sorry .
Posted by Derrell (Member # 6062) on :
(((mack)))
Posted by mackillian (Member # 586) on :
Lawyer trick worked. I got severance and COBRA. Posted by Dagonee (Member # 5818) on :
Posted by T_Smith (Member # 3734) on :
Woo! Time to relax a bit, right?
Posted by UofUlawguy (Member # 5492) on :
"Lawyer trick"? Should I resent that?
Probably not. Sending impressive and vaguely threatening letters on official letterhead is one of my favorite "lawyer tricks" too.
I'm glad that part worked out for you.
Posted by Dagonee (Member # 5818) on :
That's why I want to be a prosecutor. Warrants, subpoenas, and indictments get ignore MUCH less often.
Dagonee
Posted by UofUlawguy (Member # 5492) on :
I don't know. I used to send out bench warrants all the time when I worked at a firm doing 100% collections. You'd be surprised how often people completely blow those things off, until they get hauled in following a simple traffic stop.
Posted by BannaOj (Member # 3206) on :
Are you going to pursue it further? Like damages for the fact they shouldn't have fired you in the first place? What did the lawyer say?
AJ
Posted by Dagonee (Member # 5818) on :
Yeah, but someone working for a firm can't tell the cops to go get them - they have to wait for either a traffic stop or for the fugitive squad to get around to a bench warrant.
Prosecutors have a much better chance of getting the police to go pick someone up.
Dagonee
Posted by rivka (Member # 4859) on :
I knew it, Dagonee! You're just in it for the power!
Mack, excellent! That's really great! Posted by Dagonee (Member # 5818) on :
First you get de suugar. Den you you get de money. Den you get de power. Den you get de women!
Posted by rivka (Member # 4859) on :
Of course he's in it for the power. He's certainly not in it for the money.
Posted by Toretha (Member # 2233) on :
if you talk to them at all about it on your own, go wearing a suit or professional type clothing and with a well-rehearsed speech
its amazing how much more people will listen to you if you're wearing a suit and talk confidently.
Posted by Dagonee (Member # 5818) on :
Shhhhhh! She doesn't read Hatrack (yet).
Dagonee
Posted by mackillian (Member # 586) on :
Just talked to the lawyer. With my strong case and how pissed off I am, we're moving forward with filing a lawsuit. She's sending me the initial paperwork to file with the EEOC and Human Rights Commission.
What, exactly, does that mean? Human Rights Commission?
Posted by Nick (Member # 4311) on :
*over Nick's head* Posted by TomDavidson (Member # 124) on :
It means that they found the two or three people left who believe in human rights and committed them.
Posted by mackillian (Member # 586) on :
*snort*
Posted by Dagonee (Member # 5818) on :
It's the name used in some states for the authority that oversees Equal Opportunity issues in employment, housing, accomodations, etc.
Go for it! One quick word of advice: don't let yourself get too emotionally invested in the outcome. These things can be frustratingly slow and the burden of proof is on you. If you do lose for some reason, don't let that convince you that you deserved to be fired.
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Then, that DOES suck. I'd be pissed off. They gave you no notice...nothing? At least they're giving you 4-weeks pay. But if you don't resign, this termination could follow you to your next job, huh? Oh, man. I'm sorry.
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