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'Hamas' Jenkins
03-13-2013, 06:27 PM
This is a total shot in the dark, but it's worth a try.

I just got off the phone with my mom. She told me that my stepdad was laid off yesterday. He's 55 years old and works a job with a moderate amount of manual labor. He works behind the counter during the winter months and delivers feed and other goods during the summer.

Here's the issue. He's been there for a number of years. He's never been reprimanded or written up whatsoever. However, he is going to need back surgery. Last week one of his supervisors kept hounding him about the results of his MRI, which shows a herniation in L5. The results came in on Monday. Tuesday, they told him that because of a customer complaint, which was never specified beyond "You were rude on the phone," he was laid off.

It's obviously a bullshit story b/c they don't want to have to absorb the claim on insurance and/or hold his job during a convalescence period (which, given the method of surgery will only be two weeks, but in a more traditional surgery could be several months).

I just want to know if my parents have any other options beyond "get fucked." I'm assuming not b/c Missouri is a right to work state, but it's worth asking.

Thanks for all replies.

theelusiveeightrop
03-13-2013, 06:30 PM
Time to hire an attorney.

Ace Gunner
03-13-2013, 06:31 PM
terrible what has happened to this country. good luck. I guess the bright side is, he's got health insurance. for now.

'Hamas' Jenkins
03-13-2013, 06:34 PM
Time to hire an attorney.

It sounds like a classic case of wrongful termination, but my pathetic interpretation of Right to Work laws is that they can fire you for any reason without specification or regard to fairness.

WilliamTheIrish
03-13-2013, 06:34 PM
I'm not an attorney..

Hamas, how old is your Dad? After 40 years of age in most instances the company better have their i's dotted and T's crossed.

duncan_idaho
03-13-2013, 06:35 PM
Hamas -

I will check with my wife (former labor attorney, current KC prosecutor). This sounds like your dad might have a case, but right to work is so jacked up. This is a clear case of trying to use Right to Work to get around a host of things, including OSHA and FMLA. (in my lay opinion)

PM me if you want, with your "in real life" info. She can't work on it for you, but she might be able to refer you to an attorney who can help.

What would you want out of a lawsuit? That's the first and most important question. Does your dad WANT that job back?

'Hamas' Jenkins
03-13-2013, 06:40 PM
Hamas -

I will check with my wife (former labor attorney, current KC prosecutor). This sounds like your dad might have a case, but right to work is so jacked up. This is a clear case of trying to use Right to Work to get around a host of things, including OSHA and FMLA. (in my lay opinion)

PM me if you want, with your "in real life" info. She can't work on it for you, but she might be able to refer you to an attorney who can help.

What would you want out of a lawsuit? That's the first and most important question. Does your dad WANT that job back?

I'll PM you the necessary info.

He actually really likes the job itself and his coworkers. This feels like a decision from higher up. His immediate boss (not the one referred to in the initial post) said he felt like crying for having to let such a dependable and hard worker go.

As far as what they might want, I don't know. A loss of a job will be a financial inconvenience for them, but it isn't crippling. They have no home or car debt. The best thing that job does is provide them with benefits, as my mom is a nurse but currently works PRN, although she could easily go back to working a full time set schedule.

bunger
03-13-2013, 06:41 PM
Is he Union?
If not,hire a decent Labor Law attorney and take it one day at a time.
My brother was in this same mess 3 mos ago.He won!
Many attornies will take a case if they merit in a win situation.
Good luck!

scott free
03-13-2013, 06:43 PM
They're definitely being rat bastards, thats pretty clear.

I hope some of our resident lawyers will get past their aversion to dispensing legal advice here and point you in the right direction.

chiefforlife
03-13-2013, 06:51 PM
He wasnt laid off, he was fired. In a right to work state, I dont think they did anything outside the law.

La literatura
03-13-2013, 06:55 PM
It's an issue of at-will employment (right to work is about labor union participation), which allows both employers and employees to terminate the employment relationship for any reason. There are exceptions though, and these might be due to discrimination (e.g., age, disability) or there could be an implied contract between the two (e.g., your stepdad was told he wouldn't be let go because of the operation), or there could be a public policy determined by Missouri authority that people shouldn't be fired because of some temporary disability/surgery.

The public policy is determined by case law looking at statutes and other material (generally, legislative).

I can do some small amount of research on public policy exceptions for Missouri. But I'm not an attorney. An employment attorney in the state would know this immediately.

Hog Farmer
03-13-2013, 07:00 PM
I've had a herniated disc that I've lived with for 25 years and I never told my boss. I guess that's not really true because I am the boss but I know that if I knew about it I'd probably just go ahead and fire myself just so I don't get screwed later wanting time off to get it fixed.

bobbymitch
03-13-2013, 07:01 PM
Just because he was let go, does not relieve the employer from any workers compensation exposure for injuries that were sustained on the job.

He should file a claim to get the back taken care of.

seclark
03-13-2013, 07:02 PM
I dont believe missouri is a right to work state...I know legislation has been introduced several times over the years, but never passed.
Sec

OrtonsPiercedTaint
03-13-2013, 07:05 PM
EEOC any help

chiefforlife
03-13-2013, 07:06 PM
Just because he was let go, does not relieve the employer from any workers compensation exposure for injuries that were sustained on the job.

He should file a claim to get the back taken care of.

He didnt say the injury happened at work.

'Hamas' Jenkins
03-13-2013, 07:08 PM
Sorry all. I was conflating the terms "at-will" with "right to work". Again, this is far out of my realm of expertise. Apologies.

duncan_idaho
03-13-2013, 07:09 PM
Check your PMs.

Spott
03-13-2013, 07:09 PM
I was in a union when I was in Missouri and it wasn't a right to work state at the time. Don't know if that has changed in the last 13 years.

duncan_idaho
03-13-2013, 07:13 PM
I was in a union when I was in Missouri and it wasn't a right to work state at the time. Don't know if that has changed in the last 13 years.

Yeah, this type of situation is the thing unions prevent.

They're not as vital as they used to be, but unions still play some critical roles in today's labor market.

La literatura
03-13-2013, 07:15 PM
I can do some small amount of research on public policy exceptions for Missouri. But I'm not an attorney. An employment attorney in the state would know this immediately.

According to a recent MO Supreme Court case (Fleshner v. Pepose, 2010), the public policy exception is pretty narrow. There seem to be just two recognized exceptions: not doing an illegal act and whistleblowing.

My guess is that there's not much to do here, aside from trying to make new law in appeals. Again, just a moderately educated guess, and it's worth having a meeting with a lawyer for $150 to know for sure.

Iowanian
03-13-2013, 08:58 PM
You should ride into their office on the back of a sway back pony swinging a mace made of frozen turd and toothpicks. As the pony leaps onto the counter usually hosted by your father shout

"My name is Inigo montoya, you have shitted on my father...prepare to die"



https://encrypted-tbn2.gstatic.com/images?q=tbn:ANd9GcTeP9LOlMljFwiC_entdkmc-LbkpFaemNnOAYUCtCURWZ8nkMoF_g

Predarat
03-14-2013, 07:42 AM
Its tough to prove, and the courts almost always side with the employer. If you can get a good pain in the ass lawyer your chances of an out of court settlement improve. This kind of bullshit is terrible.

Bob Dole
03-14-2013, 07:51 AM
Right to Work does not equal Right to Ignore EEOC.

King_Chief_Fan
03-14-2013, 07:57 AM
This is a total shot in the dark, but it's worth a try.

I just got off the phone with my mom. She told me that my stepdad was laid off yesterday. He's 55 years old and works a job with a moderate amount of manual labor. He works behind the counter during the winter months and delivers feed and other goods during the summer.

Here's the issue. He's been there for a number of years. He's never been reprimanded or written up whatsoever. However, he is going to need back surgery. Last week one of his supervisors kept hounding him about the results of his MRI, which shows a herniation in L5. The results came in on Monday. Tuesday, they told him that because of a customer complaint, which was never specified beyond "You were rude on the phone," he was laid off.

It's obviously a bullshit story b/c they don't want to have to absorb the claim on insurance and/or hold his job during a convalescence period (which, given the method of surgery will only be two weeks, but in a more traditional surgery could be several months).

I just want to know if my parents have any other options beyond "get ****ed." I'm assuming not b/c Missouri is a right to work state, but it's worth asking.

Thanks for all replies.

Hamas- it sounds trumped up for sure.
As you noted, in a right to work state, employers can dismiss employees for any reason...or no reason. However, I don't think Missouri is a right to work state. It is really lame of an employer to do that especially with his age and years of service.
I would possiblyl pursue an age discrimination case. A good labor lawyer would know the best course of action in a case like this.
Not sure of the insurance coverage, but he may also qualifty for COBRA to maintain his insurance coverage (premiums at his cost of course).

KC Tattoo
03-14-2013, 08:05 AM
Was he on workmans comp or did he claim it to be work related injury? If so then I think he has a case? Employers can be real dicks on things like this.

I've had back surgery and have had to deal with work comp bull shit from my sales route job. It's all a hastle. Prayers to your Father-in-law.

Fairplay
03-14-2013, 08:07 AM
Take the case to Judge Judy.

http://i.imgur.com/kQ4OLts.gif

Garcia Bronco
03-14-2013, 08:14 AM
Here's the problem. You need an employment lawyer and they typically don't work on contingency. Forget the ACLU. They'll only take cases that will change law. i went throgh something simular with my mother back in 05. Good luck, because it sounds like your father is getting screwed by these aholes.

Fire Me Boy!
03-14-2013, 08:32 AM
Need to see an employment attorney. As GB notes, they don't typically work on contingency, but the ones I've known would take a meeting to first decide whether or not you have a case.

penguinz
03-14-2013, 08:38 AM
MO is not right to work.

http://www.nrtw.org/rtws.htm