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-   -   So, Like, I got Fired ... (http://cellar.org/showthread.php?t=24897)

Pico and ME 04-14-2011 12:36 PM
I'm sure shes already done that... *hiccup*

footfootfoot 04-14-2011 01:58 PM
Remember Wolf, when god closes one door, he makes lemonade.

Re: lawyers, see this

SteveDallas 04-14-2011 11:53 PM
Quote:
Originally Posted by Spexxvet (Post 722797)
Wolf, did they go through the proper process? Were you "counselled" or warned? Is there company policy against whatever it is that you were supposed to have done? You might be shocked when you get fired, but you should never be surprised. If you were surprised, it's likely that this is a personal issue, which, IMHO, would be inappropriate dismissal.
That's the beauty of "at will" employment. Even if it was personal? Not illegal. Unless wolf can prove it was, say, gender, or age, or religion-based, then it's legal to fire her for any reason.

However, if they have procedures on the books that they didn't follow (for example, giving a written warning for a first offense), it might make it much harder for them to defend, which increases the chance for a settlement.

This sucks big time, wolf. Good luck with the lawyer.

skysidhe 04-15-2011 12:31 AM
Quote:
Originally Posted by wolf (Post 723010)

My biggest concern right now is figuring out how to reply to questions on the unemployment form without making myself ineligible for benefits.
I suppose it is finding the words for how and what you feel happened.The position you will take, which cannot be the same as your employer.
( as you know, I am sure )

I feel for ya :thepain:

Tulip 04-15-2011 10:56 AM
I hope it's not too late for me to say I'm sorry to hear what happened to you.

footfootfoot 04-15-2011 11:03 AM
Quote:
Originally Posted by Tulip (Post 723281)
I hope it's not too late for me to say I'm sorry to hear what happened to you.
you're too late for that, but not too late to tell her to sue them. I think we're still doing that. Actually, I think we're now suggesting new careers for her.

Spexxvet 04-15-2011 11:04 AM
Wolf, you didn't happen to be in a union that could protect you, did you?

SamIam 04-15-2011 11:25 AM
Quote:
Originally Posted by wolf (Post 723010)
I have an appointment with an attorney tomorrow morning. He seems okay, was recommended by a friend who is an attorney with the wrong sort of practice.

Free consultation, and his rate isn't as frightening as the other one that I was quoted yesterday by the lawyer with the friendliest website.

I have another attorney option if this guy doesn't pan out. He seems very focused on seeking a cause of action against the nuthouse.

My biggest concern right now is figuring out how to reply to questions on the unemployment form without making myself ineligible for benefits.
If they have a box marked "other" for reason for being unemployed, check that. Then in the space provided, explain in your own words what happened. Don't be adversarial or anything like that. Be very professional and let them know it was due to a mis-understanding.

wolf 04-15-2011 11:50 AM
I have seen the attorney, and he thinks he should be able to get more than is being offered. Of course, everything starts with a $1,000 retainer.

I'm confused and worried. Do I try for bonus points with no guarantee of any recovery, or slink away?

monster 04-15-2011 11:55 AM
oh wolf, I'm so sorry, I wish I could help and advise. $1,000 seems a lot, but there's a lot at stake. Is is possible to fight and lose what is already on the table?

toranokaze 04-15-2011 12:18 PM
You have both my condolences and prayers wolf. My advice is still try and get out, go to the park or the museum on a free day.
Also take inventory of your transferable of skills.
I have been unemployed until about a week ago, so I have a idea what happens when one is out of work.

lookout123 04-15-2011 12:49 PM
Quote:
Originally Posted by monster (Post 723318)
oh wolf, I'm so sorry, I wish I could help and advise. $1,000 seems a lot, but there's a lot at stake. Is is possible to fight and lose what is already on the table?
Only you know how things really went down. If you really truly believe the judge will look at it and say, "WTF - give this woman her job or a pile of money" then the deck is stacked against you. $1,000 is a lot to hand an attorney unless really truly believe the court will find the company at fault and order them to pay.

wolf 04-15-2011 01:19 PM
That's $1K just to start, unknown how much more they might need to continue the case ...

lookout123 04-15-2011 01:45 PM
IMO if the attorney really thought he had a chance of getting something out of this he'd be talking about taking the case on a contingency basis. Many moons ago a friend was fired by a national shoe company and she had attorneys lined up to take the case. She ended up winning 3 years pay and handed a little over 1/3 of that to the attorney who handled it.

infinite monkey 04-15-2011 01:47 PM
I wondered about that. I thought what would be in it for a lawyer for an employment contingency case? What's the most one could get, back pay, the job back? Did your friend wait three years for the settlement to occur or did they award her for wrongful termination regardless of time?


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