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Marine Fired After Being Called To Active Duty
KGTV TheSanDiegoChannel via Yahoo ^
| Monday, April 14, 2003
| TheSanDiegoChannel.com
Posted on 04/15/2003 2:02:53 AM PDT by InShanghai
Marine Fired After Being Called To Active Duty
The pregnant wife of a California Marine reservist says she is considering legal action against her husband's former bosses, 10News reported.
Shari Moffitt says Hyundai fired her husband, Sgt. Clifford Moffitt, after he was called to active duty. Clifford Moffitt is a Marine Corps reservist who thought his job at Hyundai was secure.
"Instead he received a letter on the battle field, saying that Hyundai decided to terminate his employment two months after he left," Shari Moffitt said.
Shari Moffitt is also employed at Hyundai. She is talking with civil rights attorney Gloria Allred about possible legal action.
TOPICS: Extended News; Front Page News
KEYWORDS: hyundai; iraqifreedom; marine; marines; reservist; usmc
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To: libertylover
We also pay the difference while people serve overseas.
21
posted on
04/15/2003 5:09:45 AM PDT
by
AppyPappy
(If You're Not A Part Of The Solution, There's Good Money To Made In Prolonging The Problem.)
To: wimpycat
You are absolutely correct. However, I think that it is the wrong thing to do to a marine put in harms way. I would go out of my way to find a placeholder for this marine for when he gets back under any of the circumstances you describe. Legal doesn't equal moral.
22
posted on
04/15/2003 5:13:44 AM PDT
by
Movemout
To: wimpycat
The most likely account, however, is that they did terminate him because he'd been called to active duty.
23
posted on
04/15/2003 5:17:51 AM PDT
by
Poohbah
(Crush your enemies, see them driven before you, and hear the lamentations of their women!)
To: Poohbah
Well, that's just plain dumb, if they did that. But, this news account makes no mention of any attempt to contact Hyundai to get their side of the story, not even a "Hyundai refused to comment", so I was trying to give them the benefit of the doubt.
24
posted on
04/15/2003 5:23:51 AM PDT
by
wimpycat
('Nemo me impune lacessit')
To: InShanghai
Hyundai just screwed up bigtime!
To: wimpycat
From my experiences dealing with Daewoo and Hyundai, they probably didn't even refuse to comment.
26
posted on
04/15/2003 5:26:54 AM PDT
by
Poohbah
(Crush your enemies, see them driven before you, and hear the lamentations of their women!)
To: wimpycat
just like you can't terminate someone because they were injured on the job, In CT you can terminate someone while they are fighting a Worker's Comp claim - it happened to me. My doctor ordered me out of work - the company was fighting the claim and they terminated me because they claimed I "refused" come in to work. It was a mess! Since they were fighting the claim they also didn't have to pay me comp while the dispute was going on. The whole mess took almost a year to come to an end. They just hope that you'll run out of money and stop fighting!
To: InShanghai
OK folks....24 posts and nobody's asked....
Gloria Allred!?!?!?!?!?!?!?!?
Yeah, she's a real likely supporter of the war & President Bush...
NOT!!!!
28
posted on
04/15/2003 5:28:04 AM PDT
by
G Larry
($10K gifts to John Thune before he announces!)
To: InShanghai
Shari Moffitt says Hyundai fired her husband, Sgt. Clifford Moffitt, after he was called to active duty. Hyundai?
Ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha!
We can't make up stuff this good.!
They did him a favor.
Why would he want a job with a bankrupt business?
Mr Hyundai, meet Ms Gorafolo...
To: InShanghai
If you think Hyundai is bad, check out Fortune's January 22, 2003 expose on Daewoo's former CEO, Kim Woo Choong.
When he went AWOL in 1999, he left his South Korean company with over $65 Billion in debts. He has since been seen in such interesting places as China, Sudan , and Vietnam. He has never been brought back to South Korea for criminal and civil charges. Wanted: Kim Woo Choong
30
posted on
04/15/2003 5:38:09 AM PDT
by
jriemer
(We are a Republic not a Democracy)
To: 2nd amendment mama
That's what I said. In NC, you can terminate someone on worker's comp, you just can't terminate someone
because they filed a claim. My company has terminated people on worker's comp, some for performance issues, some for not returning to work even though the doctor released them to work full duty or light duty. The thing is, however, that the company must treat everybody in similar situations the same.
The same general rule of treating everybody the same in similar situations would also apply to a reservist called to active duty. IF this reservist's job was eliminated as part of a restructuring or downsizing--meaning that other non-reservist employees were also terminated at the same time as he was, then this terminated reservist will have a hard time winning any discrimination case.
31
posted on
04/15/2003 5:47:40 AM PDT
by
wimpycat
('Nemo me impune lacessit')
To: InShanghai
They cannot legally fire the guy for leaving for active duty. That's prohibited by federal law and the law is unambiguous. Hundai may claim some other reason for the firing. If so, their timing is terrible.
32
posted on
04/15/2003 5:59:09 AM PDT
by
DaGman
To: wimpycat
Another possible layoff scenario might go like this: A company needs to lay off a given number of workers. For the hourly positions, especially union jobs, that means that everyone with x number of years or less seniority has to go. Someone could easily get caught in a layoff in this type situation and it would not be an illegal move by the employer to let them go. In fact, the employer cannot give special treatment to the employee called to active duty or treat them any differently than the others that are laid off based on seniority because they are bound by the layoff rules of the contract that they signed with the union.
However, the article does not use the word "layoff," but says he was "fired." We definitely need more information here before we can say for sure who is at fault, but as stated it does not look good for Hyundai.
To: LouD
But I can't understand why anyone would buy one of their POS cars in the first place...I don't have a Hyundai, but the company is (much like Chrysler many years ago) winning over customers with an impressive, long-term warranty.
34
posted on
04/15/2003 6:55:53 AM PDT
by
Coop
(God bless our troops!)
To: canis major
No Hyuandais in my future.
To: LouD
why anyone would buy one of their POS cars in the first place..I am a GM man, but my wife has a Hundai. A damn fine car actually.
It is basically a Toyota with a few changes. I believe it is built under a Toyota patent.
36
posted on
04/15/2003 7:19:07 AM PDT
by
Cold Heat
(As an American, a Veteran, a Husband, and a Father, I AM SO PROUD!)
To: InShanghai
Would Hyundai like the boycott that would take place?
To: G Larry
Gloria Allred!?!?!?!?!?!?!?!?
The media whore smelled some nice publicity...for whatever reason, she seems to relish facetime. Lord only knows why, given her Pelosi-esque appearance:
38
posted on
04/15/2003 8:07:59 AM PDT
by
ErnBatavia
(Bumperootus!)
To: libertylover
Please name your employer so that we are able to do business with them.
39
posted on
04/15/2003 8:12:17 AM PDT
by
B4Ranch
( "It's too late to work within the system, but too early to shoot the bastards".Claire Wolfe)
To: InShanghai
Consumer Affairs
1-800-633-5151
7 a.m. - 5 p.m. (PST)
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