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03-13-2013, 06:30 PM | #2 |
Spiraling down the Drain
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Time to hire an attorney.
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03-13-2013, 06:31 PM | #3 |
First Overall
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terrible what has happened to this country. good luck. I guess the bright side is, he's got health insurance. for now.
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03-13-2013, 06:34 PM | #4 |
Now you've pissed me off!
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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.
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03-13-2013, 06:34 PM | #5 |
Champion Golfer Of The Year
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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. |
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03-13-2013, 06:35 PM | #6 |
M-I-Z-Z-O-U
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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?
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03-13-2013, 06:40 PM | #7 | |
Now you've pissed me off!
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Quote:
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.
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"When the Know-Nothings get control, it will read 'all men are created equal, except negroes, and foreigners, and Catholics.' When it comes to this I should prefer emigrating to some country where they make no pretense of loving liberty – to Russia, for instance, where despotism can be taken pure, and without the base alloy of hypocrisy.”--Abraham Lincoln |
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03-13-2013, 06:41 PM | #8 |
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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!
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03-13-2013, 06:43 PM | #9 |
pie is never free
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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. |
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03-13-2013, 06:51 PM | #10 |
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He wasnt laid off, he was fired. In a right to work state, I dont think they did anything outside the law.
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03-13-2013, 06:55 PM | #11 |
fides quaerens intellectum
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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. Last edited by Jenson71; 03-13-2013 at 07:04 PM.. |
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03-13-2013, 07:00 PM | #12 |
Fish are scared of me
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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.
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03-13-2013, 07:01 PM | #13 |
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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.
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03-13-2013, 07:02 PM | #14 |
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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
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03-13-2013, 07:05 PM | #15 |
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EEOC any help
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