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First time filing a complaint with the Labor Department for wrongful termination. Seeking advice/opinions.
self | 10/20/2020 | Self

Posted on 10/24/2020 8:41:30 AM PDT by know.your.why

Unfortunately I feel like I need to go there. Can anyone offer advise on dealing this kind of thing?


TOPICS: Chit/Chat
KEYWORDS: complaint; huh; labordept; termination; wut
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To: Dacula

Ok..some details. State: Alabama. No warnings, no suspensions, good work/attendance record. Was sent a reprimanding text by the department lead at 5:30am on my day off which i consider harassment...and his complaint was proven baseless. Was fired for an unrelated reason 2 days later (by the companies 4th manager in 9 months). The reason given: Insubordination.


21 posted on 10/24/2020 9:09:55 AM PDT by know.your.why (If you dont watch the MSM you are uninformed. If you do watch the MSM you are misinformed.)
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To: know.your.why

Is this a private corporation or a federal agency?

Big difference..all Fed agencies have policies covering EVERYTHING. If so Google the agency “ policies “ and that will tell you everything

If private companyn...Google termination laws/policies..there are federal laws re firing also.


22 posted on 10/24/2020 9:10:29 AM PDT by Recovering Ex-hippie (The 2020 election Trump victory determines the fate of America and Freedom.)
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To: know.your.why

Alabama is an at-will employment state, which means one can be terminated at any time for any reason without notice. Exceptions are if it can be shown that the termination was based on discrimination against one of the protected classes or if you are working under an express or implied contract providing a right to continued employment or set procedures that must be followed in order for a termination to occur. Unless one of those exceptions applies you are SOL.


23 posted on 10/24/2020 9:15:41 AM PDT by KevinB (Quite literally, whatever the Left touches it ruins.)
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To: Blurb2350
Personally, I would never work for any company that required a drug test.

Having worked in HR for a tier 1 stamping plant, I've witnessed first hand the benefits of pre-employment drug screening. I wouldn't work for a company that didn't...........

24 posted on 10/24/2020 9:16:35 AM PDT by Hot Tabasco
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To: RBW in PA
At-Will Employment If your a white male, non-union member, or a public sector, employee, good luck.

Looks like i have a case under unlawful termination: Fraud, for example, if an employer made a fraudulent representation of a just cause. Which is exactly what happened.
25 posted on 10/24/2020 9:21:38 AM PDT by know.your.why (If you dont watch the MSM you are uninformed. If you do watch the MSM you are misinformed.)
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To: Gen.Blather

I am of color. White!


26 posted on 10/24/2020 9:22:50 AM PDT by know.your.why (If you dont watch the MSM you are uninformed. If you do watch the MSM you are misinformed.)
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To: know.your.why
Looks like i have a case under unlawful termination: Fraud, for example, if an employer made a fraudulent representation of a just cause. Which is exactly what happened.

In an at-will state no cause for termination is required. Subject to the exceptions I mentioned above, you can be fired just because the boss doesn't like you. So even if an employer lied to you about the cause, that would not give you a case. And even if it did, subordination or not is subjective. Your interpretation of subordination and the employer's are likely two different things. Unless you have a contract or can point to an employee handbook that gives you certain due process rights in connection with a termination or can show that as a matter of practice the employer has given others due process before a termination, you are SOL.

27 posted on 10/24/2020 9:36:17 AM PDT by KevinB (Quite literally, whatever the Left touches it ruins.)
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To: know.your.why

Immediately file for unemployment.

If you mention you were terminated for any reason, that is fine. An investigation will send multiple letters to their lawyer, who will not want to get involved, meaning they actually laid you off and you will keep getting benefits.


28 posted on 10/24/2020 9:41:30 AM PDT by ConservativeMind (Trump: Befuddling Democrats, Republicans, and the Media for the benefit of the US and all mankind.)
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To: KevinB
Alabama is an "at-will" employment state, which means one can be terminated at any time for any reason or for no reason without notice.

There. Fixed it. Same as in the State of Florida. Been there done that. And if you are a white male over 40 you will probably be wasting your time filing an action with the EEOC unless you can prove a violation of the ADEA, but the odds are not in your favor, as that Act primarily protects you from having been age-discriminated against by a government entity, not by a private sector employer.

29 posted on 10/24/2020 9:56:51 AM PDT by 4Runner
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To: KevinB
Unless you have a contract or can point to an employee handbook that gives you certain due process rights in connection with a termination or can show that as a matter of practice the employer has given others due process before a termination, you are SOL.

Well...thanks for your time. I will do what I can to press my case. And I'll just see about that SOL thing you speak of.
30 posted on 10/24/2020 9:59:51 AM PDT by know.your.why (If you dont watch the MSM you are uninformed. If you do watch the MSM you are misinformed.)
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To: know.your.why

You will have to file online. Pretty easy to do. Too bad that you cannot blame COVID, there is an extra bit of money to help out while you transition.

Send me a PM and I will try to help you as best as I can.


31 posted on 10/24/2020 10:06:09 AM PDT by Dacula ( If you won the lottery, would you mail in your ticket or go in person? Remember that when you vote.)
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To: know.your.why
Well...thanks for your time. I will do what I can to press my case. And I'll just see about that SOL thing you speak of.

Good luck. (I'm a lawyer by the way.)

32 posted on 10/24/2020 10:11:15 AM PDT by KevinB (Quite literally, whatever the Left touches it ruins.)
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To: know.your.why; KevinB

https://www.usa.gov/labor-laws#item-35277

Wrongful Discharge/Termination of Employment

If you feel that you have been wrongfully fired from a job or let go from an employment situation, you may wish to learn more about your state’s wrongful discharge laws.

Wrongful termination or wrongful discharge laws vary from state to state.

Some states are “employment-at-will” states, which means that if there is no employment contract (or collective bargaining agreement), an employer can let an employee go for any reason, or no reason, with or without notice, as long as the discharge does not violate a law.

If you feel you have been wrongfully discharged or terminated from employment, you may:

Contact your State Labor Office for more information on wrongful termination laws in your state

Seek legal counsel if your employer terminated you for any reason not covered under state or federal law.

You may also be eligible for unemployment compensation and extension of your health care benefits.


33 posted on 10/24/2020 10:19:15 AM PDT by EVO X
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To: KevinB
Good luck. (I'm a lawyer by the way.)

Cool! ALL HAIL THE LAWYER!!
34 posted on 10/24/2020 10:22:47 AM PDT by know.your.why (If you dont watch the MSM you are uninformed. If you do watch the MSM you are misinformed.)
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To: KevinB
Good luck. (I'm a lawyer by the way.)

Pleased (not really) to meet you. I once went to court over a protection order case against a crazy roommate. His Lawyer mother was defending him. I kicked his ass and her ass in court and boy was it fun.
35 posted on 10/24/2020 10:26:24 AM PDT by know.your.why (If you dont watch the MSM you are uninformed. If you do watch the MSM you are misinformed.)
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To: EVO X

Thank you!!


36 posted on 10/24/2020 10:29:23 AM PDT by know.your.why (If you dont watch the MSM you are uninformed. If you do watch the MSM you are misinformed.)
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During the last recession company’s leveraged the economic downturn to (IMHO) pinkslip employee’s who were “toxic”, or poor performers, malingerers, etc... without the legal ramifications because those company’s were facing going under due the economic circumstances.

Arbitrarily firing employees requires that supporting documentation is required lest a court rules against the offending company and compensation is awarded to the plaintiff seeking damages. UNLESS, the company can show financial duress as the root cause of laying employee’s off.


37 posted on 10/24/2020 10:33:52 AM PDT by Clutch Martin (The trouble ain't that there is too many fools, but that the lightning ain't distributed right.)
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To: Clutch Martin

Good stuff. thanks!


38 posted on 10/24/2020 10:39:46 AM PDT by know.your.why (If you dont watch the MSM you are uninformed. If you do watch the MSM you are misinformed.)
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To: know.your.why

Please try to post less detail. The info you provided is much too long and detailed.


39 posted on 10/24/2020 10:50:48 AM PDT by Drango (1776 = 2020)
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To: know.your.why
Pleased (not really) to meet you.

Something tells me your employer was onto something.

You get your ass shit-canned then come onto this board asking for free advice. When you get it from someone who knows what he's talking about and don't get the answer you want you insult him. You sound like a real peach. Enjoy your unemployment!

40 posted on 10/24/2020 11:12:39 AM PDT by KevinB (Quite literally, whatever the Left touches it ruins.)
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