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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, 07:06 PM   #16
chiefforlife chiefforlife is offline
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Quote:
Originally Posted by bobbymitch View Post
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.
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Old 03-13-2013, 07:08 PM   #17
'Hamas' Jenkins 'Hamas' Jenkins is offline
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Sorry all. I was conflating the terms "at-will" with "right to work". Again, this is far out of my realm of expertise. Apologies.
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Old 03-13-2013, 07:09 PM   #18
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Old 03-13-2013, 07:09 PM   #19
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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.
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Old 03-13-2013, 07:13 PM   #20
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Quote:
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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.
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Old 03-13-2013, 07:15 PM   #21
La literatura La literatura is offline
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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.
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Old 03-13-2013, 08:58 PM   #22
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"My name is Inigo montoya, you have shitted on my father...prepare to die"



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Old 03-14-2013, 07:42 AM   #23
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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.
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Old 03-14-2013, 07:51 AM   #24
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Right to Work does not equal Right to Ignore EEOC.
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Old 03-14-2013, 07:57 AM   #25
King_Chief_Fan King_Chief_Fan is offline
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Quote:
Originally Posted by 'Hamas' Jenkins View Post
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).
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Old 03-14-2013, 08:05 AM   #26
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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.
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Old 03-14-2013, 08:07 AM   #27
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Old 03-14-2013, 08:14 AM   #28
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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.
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Old 03-14-2013, 08:32 AM   #29
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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.
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Old 03-14-2013, 08:38 AM   #30
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MO is not right to work.

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