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Discriminatory Firing

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commentator

Senior Member
Have you filed your unemployment yet? Do it now. Today. Even though you don't have any paperwork from your company. They do not have to give you anything. You are out of the company now. They do not control your life. That's what I'm telling you. They can, they did. You've been dumped like a bad blind date.

The letter you got was your COBRA notification. They are required by law to send that one to you. Don't waste a minute trying to get anything else. You do not need it to file for your unemployment. You will file the claim, they will ask you questions about what you were told, what were the circumstances of the termination. Listen very carefully to the questions, answer related to this day this time, what you actually did on the day you were fired, what your supervsior actually said when he fired you. It doesn't matter what your so called "termination papers" may actually say. Right now you tell the unemployment office the exact truth, as you saw it happen of what was done, what was said. Forget about what they may put on their papers.

Then the unemployment office will contact the employer's HR and ask for the circumstances of the termination. It does not matter if your version agree exactly what they say. They don't have to provide you with a copy of any termination papers. But usually, they'll tell the unemployment office some reason.

If there is some big issue or discrepancy, if they say they fired you for, say, bringing a gun to work or something off the wall that you haven't mentioned like this, the ajudicator will call you back and say, "What about this? Your employer said you were fired for bringing a gun to work. Did you ?" Anyhow, the unemployment system will then make what is called an initial decision. You'll be notified, the employer will be notified. Either party can appeal the decision and ask for a hearing. That's what you will need to do if you are denied at first. That's what the employer will probably do if you are approved.

Usually if you file a grievance about a disciplinary matter it is before you are actually terminated, and sometimes unions can stop you from being fired. Once you've been fired, told to go, walk, get off the premises, I have VERY rarely seen anyone, ever ever, union or non-union, reinstated with backpay or something like that. "Wrongful termination" is a rare animal. It exists, we hear, but you don't see a lot of them. But I meant what I said, you likely won't be reinstated, in my opinion.

So I am telling you, in the best of my opinion, move on. File all these complaints (with your union, with ADA and EEOC), get your unemployment,(do this first!) and go forth with your life. It doesn't seem right, and sometimes working in a close union environment for many years will cause people to believe they have more rights and protections under labor law than they actually do. There are always a few people around at a work site who know everything and will be glad to tell you how everything works, but you are out of that now, and you don't need their advice. If they are "outraged" and what to help you, maybe one of them would testify at your unemployment hearing, but I doubt it. They still work for a retaliatory jerk. You don't, and this is really a good thing for you, even though it probably doesn't feel like it right this minute. Good luck to you, you'll get through this.
 
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nvJob

Member
Thanks pattytx for that explanation, I'll have to look into it a bit more to see how things are actually stated concerning that issue.
 

nvJob

Member
commentator, thanks again...

Yes im going to file for unemployment today.

**Usually if you file a grievance about a disciplinary matter it is before you are actually terminated, and sometimes unions can stop you from being fired. Once you've been fired, told to go, walk, get off the premises, I have VERY rarely seen anyone, ever ever, union or non-union, reinstated with backpay or something like that. "Wrongful termination" is a rare animal. It exists, we hear, but you don't see a lot of them. But I meant what I said, you likely won'tbe reinstated, in my opinion.**

I wish I could go into more details openly here, there are someother things involved that Im wondering if it might be more grounds for me being reinstated. Would it be possible to discuss some other details privetly somehow? If not I understand. I simply do not want my employer to know what all I know thus giving them time to change things, pull certaing things out of files etc.. But I guess I could try to dance around some of it.
 

nvJob

Member
**They still work for a retaliatory jerk. You don't, and this is really a good thing for you, even though it probably doesn't feel like it right this minute. Good luck to you, you'll get through this.**

Yea Im really torn, half of me feels like Ive been set free of hell itself. But now Im literally looking at the possiblity of loosing everthing. We had just barely got through a terribly long drawn out finantial nightmare, due to the 'hardtimes' our nation is suffering from, literally days before this mess now. Kinda feels like Ive been resqued and drug out of a burning house suffering third degree burns only for it to turn out to be by a ferocious hungery grizzly bear who now wants to finish me off. Oh Lordy. And thank you for the encouragement, it really helps right now. I dont understand how another human being can do this to someone, whats wrong with people?!! How can one more dollar drive people this mad, to slaughter each other with no thought whatsoever? I really dont get it.
 

nvJob

Member
Okay, by filing a complaint to ADA, you are refering to American Diabetes Association correct? I know theres Americans Disabiliy Act or whatever. Ive filed for unemployment now and begun with EEOC.
 

commentator

Senior Member
OOpsie, I guess I didn't make that part of my post clear enough, did I? ADA is administered by the Equal Employment Opportunity Commission, they can help you with this, it's the Americans With Disabilities Act, which is the congressional act which establshes some federal protection for people with disabilities.

But in the meantime, nvjob, stop it. Do not think you are going to be reinstated, no matter if you get a letter from God telling your employer he's got to do it. Don't count on this, do not think of it, it's like a sudden healing of an otherwise fatal illness. Sometimes in a million years, it might happen, but MOSTLY, you have to work things out the regular way. You must go through all the steps.

It sounds more and more to me as though getting away from this job situation may someday be something you look back on and don't think it was the worst thing that could have happened, but I know you don't want to hear this right now. So just make it through one day at a time. File your claim. Stop talking to and obsessing about everything that happened to you on the job. Try to get your health in better control while you are off work. If it doesn't get any better, see about that disability.

What you are doing right now is "catastrophizing." You are visualizing the worst possible outcome of losing your job, and imagining it over and over. Try to move on, make some concrete steps away, relax a bit. I know that's hard, but try to visualize the best possible out come of this situation. Hold on to it instead of picturing yourself living under a bridge, okay?
 
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nvJob

Member
Ok so having taken the first step with EEOC, they will lead me to file the ADA? Or do I have to do something else and file ADA myself?

Also in regards to attorneys, I contacted one via online for a free case evaluation etc.. They later contacted me and asked some questions then asked if I would fax them my payroll stubs, which I thought was kinda strange. I didnt do it. Is this typical or does it sound suspicious?
 

nvJob

Member
Also do one have to exhaust all union options before going straight to an attorney? What people who are still employed, but are in a situation where they are afraid to go to the company due to suspected corruption, can they seek legal action outside and pursue from there?
 

nvJob

Member
Thanks commentator for the truth. That does help jolt me out of the shock Im in atm. And lets me look ahead more. The ol 'hope for the best, plan for the worst' proverb. Its just hard to look at it that way so fast.
 

cbg

I'm a Northern Girl
The ADA is a law. It is not an agency. You cannot file with the ADA. It is not possible. You cannot file with a law.

You file with the EEOC for an ADA violation.
 

nvJob

Member
Thanks cbg, Im just trying to see if I still need to file with someother agency like my states DOL or something like that.
 

cbg

I'm a Northern Girl
Your state's DOL has nothing to do with it. The EEOC is the only regulatory agency that has anything to do with the ADA.
 

commentator

Senior Member
And really, people who are working at a place don't really need to be trying to do something about "suspected corruption" unless it deals directly with them. Then they can file complaints with their union or the national union committee or the state DOL or the federal DOL if they don't think the union is responsive enough, or EEOC or anyone else they want to. Once you are a former employee, a terminated employee, you can file with anybody you want to without worrying about reprisal. But not treating you right personally or terminating you unjustly isn't systemwide corruption. You should deal only with your personal issues.
 

nvJob

Member
**Your state's DOL has nothing to do with it. The EEOC is the only regulatory agency that has anything to do with the ADA.**

Ok got it now, thanks cbg.

My fault commentator, I didnt explain that well. What I meant was what if they are afraid to even take the first steps such as going to a foreman, supervisor, superintendant or manager etc., to report how they are being treated or report the discriminatory handling of procudures and safety rules by supervision itself? The corruption seems to be far up. Its as if they know they are profiting from pressuring us so hard that the only way we can meet their demands is to cut corners increasing production yet they over look it until something happens or they want to fire you. And if you actually do the job without cutting corners then you are in trouble for poor performance! They simply compare you to those who they KNOW are cutting corners. Its a win win situation for them. So can they go straight to legal action? Everyone is afraid to even file grievances.
 

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