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#1
Posted to rec.woodworking
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really OT.
Have any of you wood pro had to deal with wrongful dismissal?If so ,can you
share details that don't implicate legal action. Sal |
#2
Posted to rec.woodworking
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really OT.
On 7/26/12 2:56 PM, sal wrote:
Have any of you wood pro had to deal with wrongful dismissal?If so ,can you share details that don't implicate legal action. Sal Check with your state's employment bureau or equivalent and ask them about the law. TN is a fire-at-will state, meaning you can be fired for any reason at all, as long as it's not because of race, religion, disability, etc. Meaning you can be fired because the boss just doesn't like your attitude... OR because he's a racist a-hole... he just has to say it was for a different reason. :-) -- -MIKE- "Playing is not something I do at night, it's my function in life" --Elvin Jones (1927-2004) -- http://mikedrums.com ---remove "DOT" ^^^^ to reply |
#3
Posted to rec.woodworking
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really OT.
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#4
Posted to rec.woodworking
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really OT.
-MIKE- wrote:
On 7/26/12 2:56 PM, sal wrote: Have any of you wood pro had to deal with wrongful dismissal?If so ,can you share details that don't implicate legal action. Sal Check with your state's employment bureau or equivalent and ask them about the law. TN is a fire-at-will state, meaning you can be fired for any reason at all, as long as it's not because of race, religion, disability, etc. Meaning you can be fired because the boss just doesn't like your attitude... OR because he's a racist a-hole... he just has to say it was for a different reason. :-) Correct. It is very dependent upon the state you live in. Like TN, NY is a Work-At-Will state, which means an employer is not obligated to keep you in their employ (not withstanding a legal contract), for any reason at all. They are free to dismiss you at their pleasure, for any reason or for no reason at all. In a Work-At-Will state, there is almost no such things as wrongful dismissal unless there is a violation of some protected status, violation of union negotiations, or the like. Other states are Right-To-Work states and the rights of the employee are much different in those states. You really should talk to your state employment bureau as -MIKE- suggested. -- -Mike- |
#5
Posted to rec.woodworking
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really OT.
On Thu, 26 Jul 2012 14:56:46 -0500, sal wrote:
Have any of you wood pro had to deal with wrongful dismissal?If so ,can you share details that don't implicate legal action. Sal I suppose you would like answers that won't land you in jail? Alabama is an at will state, unless you have a written contract your only recourse is to take your licks and get another job. Laws vary, as MIKE said, check your state laws. basilisk -- A wink is as good as a nod to a blind horse |
#6
Posted to rec.woodworking
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really OT.
"Mike Marlow" wrote in news:79100$5011f1d0
: Correct. It is very dependent upon the state you live in. Like TN, NY is a Work-At-Will state, which means an employer is not obligated to keep you in their employ (not withstanding a legal contract), for any reason at all. They are free to dismiss you at their pleasure, for any reason or for no reason at all. In a Work-At-Will state, there is almost no such things as wrongful dismissal unless there is a violation of some protected status, violation of union negotiations, or the like. Other states are Right-To-Work states and the rights of the employee are much different in those states. "Right-to-Work" means something rather different than you think. We just went through that here in Indiana; it was a pretty contentious issue here. "Right-to- Work" means that state law prohibits making employment contingent on membership in a labor union. |
#7
Posted to rec.woodworking
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really OT.
On Fri, 27 Jul 2012 01:44:19 +0000 (UTC), Doug Miller
wrote: "Mike Marlow" wrote in news:79100$5011f1d0 : Correct. It is very dependent upon the state you live in. Like TN, NY is a Work-At-Will state, which means an employer is not obligated to keep you in their employ (not withstanding a legal contract), for any reason at all. They are free to dismiss you at their pleasure, for any reason or for no reason at all. In a Work-At-Will state, there is almost no such things as wrongful dismissal unless there is a violation of some protected status, violation of union negotiations, or the like. Other states are Right-To-Work states and the rights of the employee are much different in those states. "Right-to-Work" means something rather different than you think. We just went through that here in Indiana; it was a pretty contentious issue here. "Right-to- Work" means that state law prohibits making employment contingent on membership in a labor union. Correct. The opposite of "right-to-work" is "closed shop". I believe the antonym of "at will" is "implied contract". |
#8
Posted to rec.woodworking
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really OT.
Doug Miller wrote:
"Mike Marlow" wrote in news:79100$5011f1d0 : Correct. It is very dependent upon the state you live in. Like TN, NY is a Work-At-Will state, which means an employer is not obligated to keep you in their employ (not withstanding a legal contract), for any reason at all. They are free to dismiss you at their pleasure, for any reason or for no reason at all. In a Work-At-Will state, there is almost no such things as wrongful dismissal unless there is a violation of some protected status, violation of union negotiations, or the like. Other states are Right-To-Work states and the rights of the employee are much different in those states. "Right-to-Work" means something rather different than you think. We just went through that here in Indiana; it was a pretty contentious issue here. "Right-to- Work" means that state law prohibits making employment contingent on membership in a labor union. I can accept that. We hear the term thrown about here in NY because we are not one, but I never really had the reason to dig into that myself. -- -Mike- |
#9
Posted to rec.woodworking
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really OT.
On 7/26/12 8:44 PM, Doug Miller wrote:
"Mike Marlow" wrote in news:79100$5011f1d0 : Correct. It is very dependent upon the state you live in. Like TN, NY is a Work-At-Will state, which means an employer is not obligated to keep you in their employ (not withstanding a legal contract), for any reason at all. They are free to dismiss you at their pleasure, for any reason or for no reason at all. In a Work-At-Will state, there is almost no such things as wrongful dismissal unless there is a violation of some protected status, violation of union negotiations, or the like. Other states are Right-To-Work states and the rights of the employee are much different in those states. "Right-to-Work" means something rather different than you think. We just went through that here in Indiana; it was a pretty contentious issue here. "Right-to- Work" means that state law prohibits making employment contingent on membership in a labor union. TN is both right to work and hire/fire at will. Policies/rules for both are often contained under the same legislation, so using one term in the context of expressing the other could be explained by that. I've only had to deal with "right to work" on rare occasion. The old guard of the local musician union would try to get you to sign up with the union at the bigger shows in town. They'd be like, "Hey, you need to sign this paper if you want to get paid for this gig." I'd say, "No I don't, Tennessee is a right-to-work state," then turn around and walk away. -- -MIKE- "Playing is not something I do at night, it's my function in life" --Elvin Jones (1927-2004) -- http://mikedrums.com ---remove "DOT" ^^^^ to reply |
#10
Posted to rec.woodworking
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really OT.
-MIKE- wrote in :
TN is both right to work and hire/fire at will. So is Indiana -- now. We've been "employment at will" for as long as I've lived here, but "right to work" only since the middle of March. |
#11
Posted to rec.woodworking
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really OT.
sal wrote:
Have any of you wood pro had to deal with wrongful dismissal?If so ,can you share details that don't implicate legal action. Sal Man up and move on. I once told a vice president "If you ever again curse me in front of my subordinates, I'll hit you so hard your mother will die." ****er fired me. I learned valuable lessons from that episode, chief of which was: There is no "warn," there is only "do." |
#12
Posted to rec.woodworking
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really OT.
"HeyBub" wrote:
sal wrote: Have any of you wood pro had to deal with wrongful dismissal?If so ,can you share details that don't implicate legal action. Sal Man up and move on. I once told a vice president "If you ever again curse me in front of my subordinates, I'll hit you so hard your mother will die." ****er fired me. I learned valuable lessons from that episode, chief of which was: There is no "warn," there is only "do." Do first, warn afterwards ... -- www.ewoodshop.com |
#13
Posted to rec.woodworking
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really OT.
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#14
Posted to rec.woodworking
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really OT.
Have any of you wood pro had to deal with wrongful dismissal?If so ,can you
share details that don't implicate legal action. Sal Check with your state's employment bureau or equivalent and ask them about the law. Agree .. Call your local labor office and ask. TN is a fire-at-will state, meaning you can be fired for any reason at all, as long as it's not because of race, religion, disability, etc. Meaning you can be fired because the boss just doesn't like your attitude... OR because he's a racist a-hole... he just has to say it was for a different reason. :-) Same here in Ohio. I was let go while I was out recuperating from a car accident. Rear-ended on the highway by a guy talking on his cell while on my way to work. Boss called me two days before I was due back to work and said don't bother, they replaced me. Two days later the company posted my job for hire. Takes 6-12 mos training for my job not counting the experience or education. I went elsewhere for more money. |
#15
Posted to rec.woodworking
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really OT.
On 7/27/2012 7:22 AM, Mike Marlow wrote:
HeyBub wrote: I once told a vice president "If you ever again curse me in front of my subordinates, I'll hit you so hard your mother will die." ****er fired me. Some guys just don't know how to take a threat - or a promise! That is one of the best lines I've ever heard though! Yes it is! But technically it's assault. Follow up on it and it's assault and battery. Then you not only get fired, you get a new state-approved boy-friend... |
#16
Posted to rec.woodworking
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really OT.
On 7/26/2012 2:56 PM, sal wrote:
Have any of you wood pro had to deal with wrongful dismissal?If so ,can you share details that don't implicate legal action. Sal To tell you the truth, if your were fired for a reasonable reason, you screwed up, move on. If you were fired for an unreasonable reason you really don't want to be working for that guy/company anyway. You really don't want to force them to rehire you, life will be miserable. Oddly when I was 20 I was fired by my store manager, that was fine with me, he was an a-hole. The following morning I was contacted by his boss and he convinced to come back to work for the company in another store, I did and my boss that fired me was then fired. About 1 year later I was managing my own company store. |
#17
Posted to rec.woodworking
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really OT.
On 7/27/2012 7:35 AM, HeyBub wrote:
sal wrote: Have any of you wood pro had to deal with wrongful dismissal?If so ,can you share details that don't implicate legal action. Sal Man up and move on. I once told a vice president "If you ever again curse me in front of my subordinates, I'll hit you so hard your mother will die." ****er fired me. I learned valuable lessons from that episode, chief of which was: There is no "warn," there is only "do." It is always better to ask for forgiveness than to give a warning... slight twist... Besides that, you got no gratification.. He got it all. |
#18
Posted to rec.woodworking
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really OT.
On Fri, 27 Jul 2012 09:59:12 -0500, Leon lcb11211@swbelldotnet
wrote: To tell you the truth, if your were fired for a reasonable reason, you screwed up, move on. If you were fired for an unreasonable reason you really don't want to be working for that guy/company anyway. You really don't want to force them to rehire you, life will be miserable. Oddly when I was 20 I was fired by my store manager, that was fine with me, he was an a-hole. The following morning I was contacted by his boss and he convinced to come back to work for the company in another store, I did and my boss that fired me was then fired. About 1 year later I was managing my own company store. In the 80's recession, the company I worked for was cutting back. The GM suggested I be fired. Instead, he was fired, as well as another guy and I was promoted. You just never know where the chips will fall. |
#19
Posted to rec.woodworking
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really OT.
Richard wrote:
On 7/27/2012 7:22 AM, Mike Marlow wrote: HeyBub wrote: I once told a vice president "If you ever again curse me in front of my subordinates, I'll hit you so hard your mother will die." ****er fired me. Some guys just don't know how to take a threat - or a promise! That is one of the best lines I've ever heard though! Yes it is! But technically it's assault. Follow up on it and it's assault and battery. Then you not only get fired, you get a new state-approved boy-friend... If an assault falls on no ears but the victim, it's nothing. Not for nothing does my mother have "SON" tattooed on her bicep. |
#20
Posted to rec.woodworking
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really OT.
Richard wrote the following on 7/27/2012 10:02 AM (ET):
On 7/27/2012 7:22 AM, Mike Marlow wrote: HeyBub wrote: I once told a vice president "If you ever again curse me in front of my subordinates, I'll hit you so hard your mother will die." ****er fired me. Some guys just don't know how to take a threat - or a promise! That is one of the best lines I've ever heard though! Yes it is! But technically it's assault. Follow up on it and it's assault and battery. Then you not only get fired, you get a new state-approved boy-friend... That depends upon where the confrontation occurred. In NYS, a charge of assault must have a physical injury, not just a threat of injury. NYS does not have a 'battery' charge by itself, or as part of another charge. http://ypdcrime.com/penal.law/article120.htm#p120.00 -- Bill In Hamptonburgh, NY In the original Orange County. Est. 1683 To email, remove the double zeros after @ |
#21
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really OT.
On Sat, 28 Jul 2012 09:20:48 -0400, willshak
That depends upon where the confrontation occurred. In NYS, a charge of assault must have a physical injury, not just a threat of injury. NYS does not have a 'battery' charge by itself, or as part of another charge. Really? What about a death threat? |
#22
Posted to rec.woodworking
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really OT.
Dave wrote:
On Sat, 28 Jul 2012 09:20:48 -0400, willshak That depends upon where the confrontation occurred. In NYS, a charge of assault must have a physical injury, not just a threat of injury. NYS does not have a 'battery' charge by itself, or as part of another charge. Really? What about a death threat? My state too. The "classic" definition of "assault" is "Serious threat to inflict serious bodily harm coupled with the present ability to carry out said threat." That is, you can't "assault" someone over the telephone. In Texas, the definition of "assault" includes the infliction of bodily harm and/or the threat. |
#23
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really OT.
On Sat, 28 Jul 2012 14:47:50 -0500, "HeyBub"
My state too. The "classic" definition of "assault" is "Serious threat to inflict serious bodily harm coupled with the present ability to carry out said threat." That is, you can't "assault" someone over the telephone. Hmmm. What if I call you on the phone, threaten to send you a bomb in the mail unless you send me money and you record the conversation? Sounds like an "assault" to me. Maybe it might be called something else, but I'd hope it's still punishable one way or another. |
#24
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really OT.
On Sat, 28 Jul 2012 15:02:27 -0400, Dave wrote:
On Sat, 28 Jul 2012 09:20:48 -0400, willshak That depends upon where the confrontation occurred. In NYS, a charge of assault must have a physical injury, not just a threat of injury. NYS does not have a 'battery' charge by itself, or as part of another charge. Really? What about a death threat? I believe it would be classified as "menacing" and would be a class B misdemeanor. -- Jack Novak Buffalo, NY - USA |
#25
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really OT.
On 7/28/2012 2:04 PM, Dave wrote:
On Sat, 28 Jul 2012 14:47:50 -0500, "HeyBub" My state too. The "classic" definition of "assault" is "Serious threat to inflict serious bodily harm coupled with the present ability to carry out said threat." That is, you can't "assault" someone over the telephone. Hmmm. What if I call you on the phone, threaten to send you a bomb in the mail unless you send me money and you record the conversation? Sounds like an "assault" to me. Maybe it might be called something else, but I'd hope it's still punishable one way or another. If you do that over the phone, it would be extortion. Assault requires a face to face confrontation, with an imminent, credible threat of physical force. |
#26
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really OT.
On Sat, 28 Jul 2012 17:22:39 -0600, Just Wondering
the mail unless you send me money and you record the conversation? Sounds like an "assault" to me. Maybe it might be called something else, but I'd hope it's still punishable one way or another. If you do that over the phone, it would be extortion. Assault requires a face to face confrontation, with an imminent, credible threat of physical force. Forget about the extortion part then. What if I don't like the way you looked at me and I call you on the phone threatening to send a letter bomb. I believe that it's a chargeable offense, most anywhere in the US and Canada. |
#27
Posted to rec.woodworking
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really OT.
On 7/28/2012 6:50 PM, Dave wrote:
On Sat, 28 Jul 2012 17:22:39 -0600, Just Wondering the mail unless you send me money and you record the conversation? Sounds like an "assault" to me. Maybe it might be called something else, but I'd hope it's still punishable one way or another. If you do that over the phone, it would be extortion. Assault requires a face to face confrontation, with an imminent, credible threat of physical force. Forget about the extortion part then. What if I don't like the way you looked at me and I call you on the phone threatening to send a letter bomb. I believe that it's a chargeable offense, most anywhere in the US and Canada. I believe that would fall under "terroristic threats" and would include a federal felony if acted (US MAIL)... |
#28
Posted to rec.woodworking
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really OT.
Dave wrote the following on 7/28/2012 3:02 PM (ET):
On Sat, 28 Jul 2012 09:20:48 -0400, willshak That depends upon where the confrontation occurred. In NYS, a charge of assault must have a physical injury, not just a threat of injury. NYS does not have a 'battery' charge by itself, or as part of another charge. Really? What about a death threat? Menacing. -- Bill In Hamptonburgh, NY In the original Orange County. Est. 1683 To email, remove the double zeros after @ |
#29
Posted to rec.woodworking
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really OT.
In ,
Mike Marlow typed: -MIKE- wrote: On 7/26/12 2:56 PM, sal wrote: Have any of you wood pro had to deal with wrongful dismissal?If so ,can you share details that don't implicate legal action. Sal Check with your state's employment bureau or equivalent and ask them about the law. TN is a fire-at-will state, meaning you can be fired for any reason at all, as long as it's not because of race, religion, disability, etc. Meaning you can be fired because the boss just doesn't like your attitude... OR because he's a racist a-hole... he just has to say it was for a different reason. :-) Correct. It is very dependent upon the state you live in. Like TN, NY is a Work-At-Will state, which means an employer is not obligated to keep you in their employ (not withstanding a legal contract), for any reason at all. They are free to dismiss you at their pleasure, for any reason or for no reason at all. In a Work-At-Will state, there is almost no such things as wrongful dismissal unless there is a violation of some protected status, violation of union negotiations, or the like. Other states are Right-To-Work states and the rights of the employee are much different in those states. You really should talk to your state employment bureau as -MIKE- suggested. And union if you're in one. I know IBEW covers a lot of stuff once they get their fingers into a company's gonads. Precedence is their main tool from what I've seen go down. |
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