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Old 05-31-2007, 01:49 AM   #1 (permalink)
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Default Anyone here major in Law? I need advice!

Ok, at my job. I got wrote up for not doing a good enough job, which is the 3rd time. I had a meeting with my bosses, they said i wasnt doing a good enough job, and that i am not to be driving wreaklessly in the parking lot (another story). So i was like ok, and that was the end of it. This was 5/24/07.

Now, just today, during work, i go to write down my time in my time sheet, and i find this peice of paper that says Report for Nick (me). So it catches my interest, i sit down to read this 2 page report on me. Which is dated to be written up 5/25/07, and the issues listed on there dated back to 5/08/07. After reading the first page, i was flamingly pissed. I couldnt even focus enough to read the 2nd page. It had stated that i was only doing 10% of my job (their opinion), that i had stolen and made copies of keys to the building (not true, considering no place can make copies of them as they say "Do not duplicate" on them), and that i have been sexually harrasing a person at work.

The sexual harrasment part really got me flamed. As i knew it was complete bs and could have gotten me arrested. The eligid girl that i was sexually harrasing was right there as i was reading it, and when i read that part i handed it to her and told her to read it. She reads it and tells me that its not true, and which i believe her, cuz we have always gotten along fine.

And so, i schedule a meeting with my bosses boss, to enlighten him that my boss is basically lieing to try and get me fired, or worse arrested. Why im not sure, his brother is my neighbor though.

It stated: the girl SAID to (my boss) that she did not like me, that she was afraid to be alone with me, and that if things proceeded there would be a harrasment issue filed.

Reminding again that i talked with this girl, we are friends, she told me she never told him that.

Once i finally calmed down enough to read again, the last sentance states that my boss agrees that i should be terminated. (5/25/07)

He comes to my house tonight, tells me to give him the paper, that i took, or in his words stole, from MY timesheet folder which is to only contain my timesheets, my checks, and anything else that i need to be informed about. If in fact i was not to have this paper, it should have not been where it was.
He tells me, that as of friday (5/25/07) i was officially terminated, as in no longer employed. And i got right in his face and told him (in more volgur words) then why was not informed about it, and why am i even working at all this week if im NOT EVEN EMPLOYED HERE? He didnt have an answer for that.

I was under the impression he was letting me see what my previous write up was for in detail, thats why i took it. Cuz with my last 2 write ups, they gave the papers back to me and said do what you want with it.




Now, if youv read all that. Im wondering if anyone could suggest to me what i should do about this problem. If in fact what he did was illegal in any sense, if theres anything i can do.

Basically, i want something done about this. Im not gonna let anyone go around telling people that im "sexually harrasing" anyone especially if the person im "harrasing" agrees that its not true.

Any law majors in here?
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Old 05-31-2007, 02:05 AM   #2 (permalink)
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Firstly You need to find out about your states employment laws and go from there. Thing is alot of places are AT WILL employment which means they can fire you for just about any offense. Here in Mass they need to prove all offenses before they can fire you, no matter what. Honestly there is not much you can do legally when it comes to getting fired, but when it comes to the sexual harassment part, you MIGHT have a chance of taking them to court if the girl is on your side, but that is slim as well, oh and you cant be arrested for sexual harassment, but sexual assault you can be. The most that will happen is a he said she said and thats is all, UNLESS there is solid PHYSICAL evidence of all claims.

My advice to you is to read up on the state labor laws, call the labor board, and chalk this up as a life experience. Now I dont know you from a hole in the wall, but being a business owner myself if I caught someone driving recklessly in my parking lot not only would you be fired on the spot, but I would call the cops, dont forget no matter how far back your offenses go as long as they are on paper and acknowledged by you (signed) that is proof enough for termination. You also have to ask yourself "why the hell do they want me gone so bad" Also taking time cards, paper work (not given to you to take home) or any other COMPANY product or paper work, even if it is labeled with your name or in your folder it is stealing, with the exception of paychecks. So yes they can pin stealing on you. Like I said I dont know you as a person, so dont take it as a personal offense.

Good luck on this


On a side note, I had an employee that I had ON TAPE stealing and when I fired him, he called the labor board and filed wrongful termination papers. For the next 6 months I had to deal with all kinds of paper work and a few days in court and even with him on tape it was still a PIA to get him fired, so the laws over here SUCK for the employer so you may have hope if your laws are the same. Another experience that I had when I was a manager at Radioshack there was an issue with a guy sexually harassing a girl, so I had a sit down with both of them and she filed a FORMAL complaint against him and right there I had the right to fire him, if there there no FORMAL WRITTEN complaint against you for harassment they cant hold it against you.
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Last edited by sup2jzgte; 05-31-2007 at 02:17 AM.
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Old 05-31-2007, 03:38 PM   #3 (permalink)
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Your boss can be charged with Slander or if he has spread it to higher executives and made a big scene about it, this could be close to libel.
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Old 05-31-2007, 03:56 PM   #4 (permalink)
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If you truly have not made copies of keys, gone joyriding in the car-park, sexually-harassed a girl, and generally slacked off (not that I'm suggesting you would) then indeed he is being slanderous.

Another thing, how well do you really know this girl, and what kind of a relationship does she have with the manager('s)?

also, what is your relationship with your neighbor/his brother?

perhaps it might be a good idea to arrange a meeting in confidence with the your managers superior, where you would sit down with him, your manager('s), and this girl, and explain it all, showing the documents to him (it would have been a good idea to make a copy of them), where hopefully the managers slanderous ways would be revealed and proved to his superior.

personally I would be wiring myself up with voice recorders and the works! this kind of behaviour is not on.
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Old 05-31-2007, 04:06 PM   #5 (permalink)
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you'll get over it, and get a new job

if they have paper trails of you stating anything about insubordination, sexual harassment, etc then they will probably win any case in court. Unless you were discriminated against, but I am assuming that was not the case.

Trust me, been there done all of that stuff before. The write up process is to cover their backs if they ever want to fire you. Plus if you live in a right to work state they can fire you for almost any reason. I have gotten written up for ridiculous things, like just being at the wrong place at the wrong time. go get a job you enjoy I think it sounds obvious you didn't like it there.

I am saying this because my ex-girl friend is a lawyer, my good friends girl friend is a lawyer, and I have a friend who is currently in law school.

You have no case
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Old 05-31-2007, 04:53 PM   #6 (permalink)
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Out of curiosity, where did you work? I'm thinking Best Buy but im not positive.
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Old 05-31-2007, 05:55 PM   #7 (permalink)
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Duel Core get a shitload of evidence on him and then tell the media about this mans dodgey escapades. Hes fired you and lied about you so he can save a few hundread dollars a month for his box of cigars and to buy himself a New HDTV. He doesnt have to pay you so he will save a good bit. And he will also think you cant afford an autourney and that no press will belive you.

Get him exposed and make sure his employees will vouch for you. Its time you gave this amature a wake up call. If he wanted to get into a business then why is he trying to avoid employing people. Simple hes making up storys and trying to avoid hiring certain people so that money hes saved in wages goes in his backpocket.

And yes providing there are enough whistle blowers in this guys firm which is higly probable considering the impression you have just given us about that firms boss then my friend you have a very strong case.

Dont let this slide he will do this to other people and keep getting away with it the quicker you act the more he will be in deep trouble and will soon be forced to stop trying to slide money unfairly in his wallet.

Is your manger obsesse i bet theres a 70% probablity

Last edited by GAZ BE ROTTEN; 05-31-2007 at 06:00 PM.
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Old 05-31-2007, 05:56 PM   #8 (permalink)
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Quote:
Originally Posted by GAZ BE ROTTEN View Post
Duel Core get a shitload of evidence on him and then tell the media about this mans dodgey escapades. Hes fired you and lied about you so he can save a few hundread dollars a month for his box of cigars and to buy himself a New HDTV. He doesnt have to pay you so he will save a good bit. And he will also think you cant afford an autourney and that no press will belive you.

Get him exposed and make sure his employees will vouch for you. Its time you gave this amature a wake up call. If he wanted to get into a business then why is he trying to avoid employing people. Simple hes making up storys and trying to avoid hiring certain people so that money hes saved in wages goes in his backpocket.
LOL

no just get over it, its not like he stole your gf and did your mom and then fired you. Don't take it personal, and if its a retail job they are a dime a dozen.
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Old 06-12-2007, 11:24 AM   #9 (permalink)
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dont get caught thats my advice it all ways seems to work too hmmmm that and DONT DO IT i like that one tooo
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Old 06-12-2007, 12:56 PM   #10 (permalink)
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Call up a few law firms... if they think you have a case they'll take it, along with a nice chunk of your settlement, however it's better than nothing.
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