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  #21  
Old 10 January 2009, 12:29
Gryfen-FL Gryfen-FL is offline
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Going to a Chiropractor got you terminated? What the fuck! That's like PMCS for the spine. It's not like you were calling in sick to go to a friggin concert...and calling in 'sick' the day after.

'Frequency of Chiropractor Appointments' I suppose they should fire the guy who goes to the gym a lot too.
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  #22  
Old 10 January 2009, 12:39
Carl Spackler
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California is a right to work state. Only case MAYBE if VA or union if you were affliated backed you.
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  #23  
Old 10 January 2009, 12:45
Looon Looon is offline
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Originally Posted by DDSSDV View Post
California is a right to work state.
I did not know that. When did the change happen?

If it is a right to work state, you have NO case.
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  #24  
Old 10 January 2009, 13:04
Carl Spackler
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Originally Posted by Ranger Luna View Post
I did not know that. When did the change happen?

If it is a right to work state, you have NO case.
I forgeeted which dem gov it was but was years ago.
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  #25  
Old 10 January 2009, 13:15
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did they put in writing that you were terminated for going to the doctor?
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  #26  
Old 10 January 2009, 14:23
Carl Spackler
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Originally Posted by GackMan View Post
did they put in writing that you were terminated for going to the doctor?
Hey mate...Kalifornia...no reason but they can fire you for whatever and hire whoever whenever for whatever. End of story.
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  #27  
Old 10 January 2009, 20:59
MP18D MP18D is offline
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Arm1-
Yup, Kali is a right to work state, but that gets beat all the time in courts.
And if they stick to the story of too many MD appts, they are screwed....Federal "Americans w/Disabilities Act" supercedes the right to work thing....in other words if you were "disabled" (esp w/a Service Connected Disability) when you were hired, then they released you due to that disability.....no bueno.

SOTBs link is a good start, as is Expat's. The Labor Commission does not charge for their work, unlike an atty. However, they can only go back 3 yrs, as opposed to 4 for a private filing. I don't think this applies in your case, however. The LC can also fine the company...

We have to fill out "disability claims" all the time for our pts. Esp critical is how long we expect them to be disabled after discharge; this protects them at work. If we put someone on "light duty" the company has to either use them in a light duty position, or hold their position until they can perform their normal, customary duties. This is with absolutely no Work Comp involvement.
Hell, if Joe Shit the RagMan sets stoned and wrecks his Vega station wagon, ends up in the hospital for a month, then needs a month of rehab etc, the local quik lube shop cant fire him...although they do it all the time!

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  #28  
Old 11 January 2009, 02:30
armorer1 armorer1 is offline
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No counseling or write ups...I got awesome evals and more importantly we handed out our company critiques where students (on graduation day) were told to write down ANY critique they had on the instructors. It was for our (instructors) eyes only, not the Navy critique. I always got good remarks (stayed late to help, explained stuff, worked thru lunch to help me, ect...stuff like that). I asked my former supervisor for a letter stating I was fired for appointments. He said "oh, it was for budget cutbacks, not your appointments". I was floored!! They JUST re-hired another guy that had left 6 weeks prior....I think realizing they said I was terminated for medical appointments was wrong and are now citing budget cutbacks....I'm contacting the Labor Board as well. I wasn't only guy going to VA appointments either. Thanks for everyone's opinions.
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  #29  
Old 11 January 2009, 10:29
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Quote:
Originally Posted by DDSSDV View Post
Hey mate...Kalifornia...no reason but they can fire you for whatever and hire whoever whenever for whatever. End of story.

Oregon is the same. You can fire someone and say, "fuck you, I don't have to tell you why I'm firing you." However, as many employers have learned, even in an "at will" state if the employer writes down why they are firing you and the reason is discriminatory - e.g. a 60% disabled vet is a protected class - then that opens them up to litigation.

That is why I was hoping they put in writing that the termination was for going to the VA too much.
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  #30  
Old 11 January 2009, 10:41
OldSwabbie OldSwabbie is offline
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One of the biggest differences between "Right to Work" and "At Will" is that in a Right to Work state you cant be forced to Join a Union. It's basic employment requirements are the same as the other. Doesn't make sense that California is a Right to Work state when you cant work in a motion picture and say one word without a Screen Actors Guild card/membership... its forbidden.

I hope you can get them to pony up some cash to keep you floating while you find a better place to work.. .one that will respect you and treat you good. Jobs like that ARE out there. After being more than miserable as a Network Admin at a County Hospital (job that I moved here for).. I now work as a Manager for a Technology company. The owners are fantastic, I just cant say good enough things about them and the company. Haven't been this happy in years. Cheer up brother.. you WILL find something!
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  #31  
Old 11 January 2009, 16:00
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Quote:
Originally Posted by GackMan View Post
That is why I was hoping they put in writing that the termination was for going to the VA too much.
I would have been surprised, for the reasons you stated in your post, if they actually put something like that in writing ...
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  #32  
Old 11 January 2009, 17:00
ekaphoto ekaphoto is offline
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In Ca they can fire you for no reason, however thay can NOT fire you due to disability or going to a MD etc. sounds like me they violated the law.
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  #33  
Old 11 January 2009, 17:33
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At Will and Right to Work really doesn't mean shit anymore. They almost all allow suit to be filed in the event of a violation of implied contract or a perceived violation of public policy, which takes the teeth out of most At Will provisions.

I am not a lawyer, and I do not play one on TV, but I am a guy that has spent six figures over the last few years defending a case where I fired a guy for embezzlement (that he admitted to) and he turned around and filed suit against my company and me personally for wrongful termination. After five years, we just paid him to go away (without admitting fault)....but fear not, the amount we paid him was about one tenth of what we estimate he spent on lawyers, so there is some sweetness to the farewell.
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  #34  
Old 11 January 2009, 17:43
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Originally Posted by armorer1 View Post
I'm rated at 60%. There's two other guy's as well who were going to VA appointments&nothing was said. I was to pissed to question anyone Tuesday. I clinched my jaw, stood up, and limped out. I even told them about my prior surgery BEFORE I was hired.
You were rated 60% and had prior surgury...not be be splitting hairs, but did you inform the employer of the disability status (before their decision to terminate)?
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  #35  
Old 11 January 2009, 17:44
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Quote:
Originally Posted by ekaphoto View Post
In Ca they can fire you for no reason, however thay can NOT fire you due to disability or going to a MD etc. sounds like me they violated the law.
Why can't an employer in CA fire someone for going to an MD?
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  #36  
Old 11 January 2009, 19:30
armorer1 armorer1 is offline
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Quote:
Originally Posted by The Corporate Guy View Post
You were rated 60% and had prior surgury...not be be splitting hairs, but did you inform the employer of the disability status (before their decision to terminate)?
I sure did. I told them BEFORE I was ever hired. I did a lot for these guys. Getting them business, letting them ship shit to my home address before they had an office out here. Lesson learned.
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  #37  
Old 11 January 2009, 19:48
MP18D MP18D is offline
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Again, you are getting hosed. I am not big on lawsuits etc but shit like this is why Unions came about. +Contact the Labor Board soonest. It will be cheaper for you, and DOD wont deal anymore with a firm that has complaints about any kind of "discrimination", not safe for them.
There is a definite ADA violation here!

Good Luck.

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  #38  
Old 11 January 2009, 22:34
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Not legal advice...just layman's opinion. :-)

Quote:
Originally Posted by armorer1 View Post
I was "at will" employee (contractor).
Employee or contractor? If you were a contractor, you will have a more difficult case.

Quote:
Originally Posted by armorer1 View Post
I sure did. I told them BEFORE I was ever hired. I did a lot for these guys. Getting them business, letting them ship shit to my home address before they had an office out here. Lesson learned.
A point to keep in mind is that there may be separate processes for federal (EEOC) versus state (California Labor Commission) labor law violations.

http://www.eeoc.gov/types/ada.html

http://www.dir.ca.gov/dlse/HowToFile...nComplaint.htm

BTW, firing someone with a disability is NOT a (Federal) ADA violation in and of itself. Employers also reserve the right to establish attendance and leave policies, which apply to all employees (subject to reasonable accomodation), and to make staffing decisions based on budgets. However, discriminating based on disibility and/or failing to provide a reasonable accomodation is a violation.

This is not to say your former employer is not vulnerable...but if you were a contractor, your options will be more limited.
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  #39  
Old 11 January 2009, 22:41
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Armorer1, IMO start with the California LRB. I have called them a few times over the years and have always talked with a live person straight away. MY experience has been very positive, and they seem to look out for the employee a bit more than they should.

I was employed as a "contractor" or so I thought. Turns out I was an actual "employee" which carried significant legal ramifications for my employer. This was told to me by the Ca.LRB after I explained my situation to them.

Again, I have found them to be very helpful.

Best of luck, PM if I can help in any way.
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  #40  
Old 11 January 2009, 23:24
Looon Looon is offline
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I was involved in a wrongful termination suit in the 90's, in Cali.

I was a contractor that was working for another employer. Since I took ALL of my direction from the host company in regard to my daily duties, it was determined that legaly, I was their employee.

I ended up settling out of court a couple of years later for a considerable amount considering my wage.

Having said that, I wouldn't do it again if it happened to me again. Wasn't worth it in the long run. I should have just moved on and let it go.

Sometimes you just have to FIDO.
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