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Old 03-13-2013, 06:27 PM  
'Hamas' Jenkins 'Hamas' Jenkins is offline
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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.
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Old 03-13-2013, 06:30 PM   #2
theelusiveeightrop theelusiveeightrop is offline
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Time to hire an attorney.
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Old 03-13-2013, 06:31 PM   #3
Ace Gunner Ace Gunner is offline
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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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Old 03-13-2013, 06:34 PM   #4
'Hamas' Jenkins 'Hamas' Jenkins is offline
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Quote:
Originally Posted by theelusiveeightrop View Post
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.
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Old 03-13-2013, 06:34 PM   #5
WilliamTheIrish WilliamTheIrish is offline
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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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Old 03-13-2013, 06:35 PM   #6
duncan_idaho duncan_idaho is offline
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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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Old 03-13-2013, 06:40 PM   #7
'Hamas' Jenkins 'Hamas' Jenkins is offline
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Quote:
Originally Posted by duncan_idaho View Post
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.
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Old 03-13-2013, 06:41 PM   #8
bunger bunger is offline
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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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Old 03-13-2013, 06:43 PM   #9
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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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Old 03-13-2013, 06:51 PM   #10
chiefforlife chiefforlife is offline
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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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Old 03-13-2013, 06:55 PM   #11
La literatura La literatura is offline
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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.

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Old 03-13-2013, 07:00 PM   #12
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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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Old 03-13-2013, 07:01 PM   #13
bobbymitch bobbymitch is offline
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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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Old 03-13-2013, 07:02 PM   #14
seclark seclark is offline
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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.
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Old 03-13-2013, 07:05 PM   #15
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