Life Right to Work Options (Not DC-ish) - Page 2

'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 ****ed." I'm assuming not b/c Missouri is a right to work state, but it's worth asking.

Thanks for all replies.

**chiefforlife** · 03-13-2013, 07:06 PM

Quote:

Originally Posted by bobbymitch

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

Quote:

Originally Posted by Spott

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.

Jenson71 · 03-13-2013, 07:15 PM

Quote:

Originally Posted by La literatura

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"

**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

Quote:

Originally Posted by 'Hamas' Jenkins

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).

Rasputin · 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.

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

03-13-2013, 06:27 PM
'Hamas' Jenkins Now you've pissed me off! Join Date: Jan 2006 Casino cash: $8019572	Right to Work Options (Not DC-ish) 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.
Posts: 74,820

03-13-2013, 07:08 PM	#17
'Hamas' Jenkins Now you've pissed me off! Join Date: Jan 2006 Casino cash: $8019572	Sorry all. I was conflating the terms "at-will" with "right to work". Again, this is far out of my realm of expertise. Apologies. __________________ "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
Posts: 74,820

03-13-2013, 07:09 PM	#18
duncan_idaho M-I-Z-Z-O-U Join Date: Apr 2001 Location: Kansas City Casino cash: $1850308	Check your PMs. __________________ "You gotta love livin', cause dying is a pain in the ass." ---- Sinatra
Posts: 21,051

03-13-2013, 07:09 PM	#19
Spott Court Jester Join Date: Aug 2000 Location: Orlando Casino cash: $3182400	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.
Posts: 19,688

03-13-2013, 08:58 PM	#22
Iowanian Supporter Join Date: Aug 2000 Location: Utopia Casino cash: $4818454	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"
Posts: 61,511

03-14-2013, 07:42 AM	#23
Predarat Run Chiefs fans, run!! Join Date: Oct 2004 Location: Nashville, TN Casino cash: $9973863	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.
Posts: 10,776

03-14-2013, 07:51 AM	#24
Bob Dole King Shit of **** Mountain Join Date: Aug 2000 Location: Texarkana, Texas Casino cash: $2684497	Right to Work does not equal Right to Ignore EEOC.
Posts: 48,501

03-14-2013, 08:05 AM	#26
Rasputin Tip of the hat LIV Champs Join Date: Jun 2007 Location: ks Casino cash: $3545421	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.
Posts: 54,954

03-14-2013, 08:07 AM	#27
Fairplay A certain set of skills Join Date: Dec 2003 Location: texas Casino cash: $10026683 VARSITY	Take the case to Judge Judy.
Posts: 25,265

03-14-2013, 08:14 AM	#28
Garcia Bronco No Keys, No Problem Join Date: Sep 2000 Location: Denver Casino cash: $5383136	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.
Posts: 30,803

03-14-2013, 08:32 AM	#29
Fire Me Boy! Cast Iron Jedi Join Date: Nov 2004 Casino cash: $9999900 VARSITY	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.
Posts: 35,253

03-14-2013, 08:38 AM	#30
penguinz Supporter Join Date: Mar 2003 Casino cash: $3147626	MO is not right to work. http://www.nrtw.org/rtws.htm __________________
Posts: 16,314

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