[GCFL-discuss] lance

Fri Nov 13 20:27:30 CST 2009

Was there a company employee handbook? Was there a set of rule and
procedures for the IT department? Can you make out a case for what your
were doing, by pointing to specific rules which said that is EXACTLY what
you should have been doing?

Chances are you can. Most companies write their rule books to be
consistent and impartial and even-handed and reasonable. They don't
always follow those rules. The VIPs often assume they are exempt.
Sometimes they openly say those rules are just there so they can cite
them in the event of some kind of inspection or lawsuit. I've even
noticed rules, when I was driving a bus, that the company didn't WANT to
follow or enforce, because it got them screaming complaints over the
phone. Managers would rather employees violate the rules and keep the
clients happy, BUT if anything went wrong as a result, there is a rule on
paper, and the employee can be blamed for "violating company policy."

These rules can also be used by employees who get fired because some VIP
wants special treatment. If there is any doubt about your right to
unemployment compensation, be prepared to explain how you were simply
following company policy, and some manager didn't want to go by the rules
you had been ORDERED to follow.

I would suggest filing a lawsuit for wrongful termination, but

a) they are long and complicated, so unless an attorney sees a really
good chance of winning and takes it on contingency, you probably can't
afford it,
b) every state has different laws on what IS wrongful termination,
c) companies fight those tooth and nail, and have lots of lawyers on
retainer to split hairs till the cows come home.

Still, you should be able to defend your unemployment. I wasn't asked to
be union shop steward (before my own termination) for nothing.

Siarlys

On Fri, 13 Nov 2009 11:25:30 -0800 "Discussion of the Good, Clean Funnies
List" <gcfl-discuss at gcfl.net> writes:
Oh I was! I was doing IT Help Desk for Umpqua Bank. But last month they
let me go because I told a department (multiple times) they needed to go
to the tech assigned the Work Order and not come to us as we'd already
passed it. The bosses ignored that fact and only focused on my final
reply which said spamming the Help Desk doesn't help their cause and
e-mailing us 3 times in 5 minutes about the very same issue after we've
already assigned it and already pointed them in the right direction isn't
appropriate.
Now why on earth is holding VPs accountable and expect them to follow the
rules so wrong? I don't know! But it pissed them off and they got rid of
me!
~Lance

On Thu, Nov 12, 2009 at 1:36 PM, Discussion of the Good, Clean Funnies
List <gcfl-discuss at gcfl.net> wrote:

For some reason Lance, I always thought you had some kind of computer
tech job. You know a lot about that stuff, maybe you should look for one.
If your experience i anything like mine, most inquiries in response to
job postings do not result in a reply. Employers are so rude. Remember
when they had to pay a couple dollars an hour more just to get anyone to
take the job? Those days are coming back, when we least expect them, in
some way nobody could predict. Somehow, God will provide, but as C.S.
Lewis says, there is always a chain of material events from which someone
could deduce "See, it would have happened anyway."

Once again, if you get an unfavorable ruling on unemployment
compensation, appeal it. There are all kinds of errors of judgment made,
and a good chance you could challenge any claim from your employer that
you were fired "for cause." Its generally not good enough that "he just
wasn't working out," there has to be some negligence or gross error on
your part, or you would be entitled to compensation.

Charlie

On Wed, 11 Nov 2009 15:59:39 -0800 "Discussion of the Good, Clean Funnies
List" <gcfl-discuss at gcfl.net> writes:
Sorry to hear that Siarlys. Thank you for the words of encouragement. I
sure can use them.
~Lance

On Wed, Nov 11, 2009 at 10:18 AM, Discussion of the Good, Clean Funnies
List <gcfl-discuss at gcfl.net> wrote:

That was a surprise Lance. I've been out of work since July 19, haven't
collected unemployment (it was a single incident, but they did have
cause), don't have a family to support, did get work on the pumpkin farm
in October, and had some freelance writing irons in the fire that may
keep me going past the end of the year. Not sure what all this does to my
taxes, since I should be in a lower bracket than expected, but freelance
is taxed for 13.5% social security, and no withholding.

Sounds to me like someone at your employer meant to present your
termination in a way that would routinely inspire the state to give you
unemployment (got laid off, no cause specified), but someone else didn't
know that and equally routinely specified whatever "cause" they thought
they had. If the decision is negative, always appeal. A friend of mine
was told she hadn't worked long enough at her job to qualify for FMLA,
therefore she wasn't even on the payroll after taking time off to have a
baby. The state unemployment examiner said, not under the federal FMLA,
but under the state FMLA you did, so they fired you without cause, and
she got unemployment.

Hopefully you'll find something else soon, but there sure are a lot of
people looking.

Siarlys
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