Wrongful termination

[cbg]

Thank you. I don't know if I have my job back or not but I hope so. Since I'm not at will I guess it changes a lot of things for me. however, I was wondering if you know of instances when the covenant of good faith would Have been violated and therefore Could be used as a defense for an at will employee?

No successful ones, no. Not on the fact pattern you've provided.

 

[Airseabattle]

Why do you think you're not an "at will" employee?
Furthermore, you were a probationary employee.
What is a "covenant of good faith" and how do you think it applies in this situation?

Because I'm union and covered by a CBA which my offer letter clearly states. the handbook states anyone under CBA isn't at will. I didn't realize I was covered by a CBA on day one. Because I forgot about the offer letter plus management told me I was at will. So I thought I had to be past probation.

Also I read in Nevada that some judges have ruled that if you were getting positive feedback on your performance from your employer , you can reasonably expect that your job is secure. therefore if they terminate you without warning, they were in violation of the covenant of good faith.

I'm feeling blunt today...

You are coming across as a know-it-all smart-aleck passive-aggressive pain-in-the-butt. I'm sure word of your attitude and actions got up the line to somebody who said "dump this probationary employee before probation ends."

You're sure? Some people really shouldn't be in a position of power. Seriously, why do you think it is OK for you to talk to others this way? It genuinely makes me sad that there are people who treat others the way you do. Clearly I'm overall liked if someone at work tipped off the union and are willing to write statements for me.

 

[Airseabattle]

No successful ones, no. Not on the fact pattern you've provided.

Thank you very much

 

[commentator]

"Also I read in Nevada that some judges have ruled that if you were getting positive feedback on your performance from your employer , you can reasonably expect that your job is secure. therefore if they terminate you without warning, they were in violation of the covenant of good faith."

Secret hidden knowledge about employment and labor law that none of us have heard of and none of us can come across in searches of employment law...hm? Okay. If you were getting positive feedback on your performance from your employer, you could reasonable expect that your job is secure from an unemployment insurance perspective. In other words, if fired under these circumstances, you would be more likely to be approved to draw unemployment benefits but not given your job back by a court of law judge (not an agency judge) and granted backpay or damages in civil court, no. I think you've been hitting things at random on the internet and combining unemployment law and labor laws and coming up with this sort of thing. But really, I hope the union can get you the job back and they will then of really be stuck with you once your probationary status is gone in a union environment. This just means you will have your job back, not that everyone will now be forced to be nice to you, though.

 

[Silverplum]

I am amused when people feel the need to respond when they don't like a post simply to say they're not going to respond.

I'm baffled at the utter lack of good manners, particularly from solicitors. No cognition of windmill is unsurprising.

 

[eerelations]

I wasn't intentionally rude to you but if you feel I should bow down to you or I offended you then that's a personal issue. I'm indifferent either way. Being that this is the Internet and I don't have to deal with you, I'm not responding to you anymore. If the responses your going to give are like the unpleasant ones you've given thus far, I'd benefit more if you didn't reply to my posts either. Enjoy your week

Unpleasant? Ummm, see my posts numbered 2, 5 and 7 - I gave you perfectly polite and accurate legal information + some kindness ("unfortunate but true" and an offer to continue responding to any additional questions you may have). Hardly unpleasant. You responded with veiled insults about my skills and experience, and then later (see above quote) had the unmitigated gall to say that if I was offended by your veiled insults, that's my problem, you are indifferent as to whether or not anything you say causes offense to me.

Wow, just wow.