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    eisforx's Avatar
    eisforx Posts: 34, Reputation: -1
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    #1

    Jan 3, 2007, 10:13 AM
    Getting fired without notice.
    I just got fired yesterday from work. I worked there for over a year and we recently just got a new boss, and our manager was acting really weird. They lied to us about the new boss, they told us it was just the old boss' uncle and he was going to be there to supervise and stuff. I don't know why they had to lie to us about that.

    Anyway, the manager was already treating me kindda bad. Like I've only gotten one raise in the whole year of working there. One time I talked to one of the other employees, which was newer than me. I was the employee that had been working there for the longest. Well the other employee had already gotten a raise twice before me. And I was kindda mad about that. I remember one time I talked to the manager about getting a raise and she told me that it was better if I waited for the new year because since the minimun wage was going up, it'd help me. So then I said OK that I'd wait like 3 months. However, I just got fired right before getting a raise.

    All the other employees (3 all girls) have noticed that she has changed a lot since we got the new boss, and they also all want to quit. They know and think its unfair that I got fired like that. They told me that she told them that she wanted to fired me because I was a male and that she thinks guys are lazy. I don't know if she is a sexiest or something, but I always thought that, ever since I worked there all she wanted to hired was girls. Just girls no guys. There was a guy when I started working there but he quit, he had been working there even before her I think. Then I got hired and I was the only guy, besides some guy that worked there for like 3 months then he quit too. He did the same to him than me, but instead of getting fired he quit before getting fired.

    Also she gets paid like $14 per hour. I heard that the new boss doesn't want to pay her that much, so now she wants to leave and work at this other business that our old boss opened. I guess so he can pay her the same again.

    I worked on christmas eve morning from 11 - 5 pm. And also christmas day same time. That day on christmas, I wasn't supposed to work I've had asked for it off and she gave it to me, but then she made me work. Well, one of the other employees had called work and told me that she wasn't going to make it, and to call the manager. Well I did and the manager wanted me to cover, but I told her I couldn't, that I was tired and I needed to go home on christmas day. She got mad at me I guess for that, because there was no way anyone else could cover, she was in san diego for the weekend, the other employee was in vegas and the one that was supposed to work was in Ontario, not that far. So she told me that if I didn't work I might get fired. And I just told her I was going to call the boss, and she said well the boss wasn't going to like that. Well the emplyee that was suppposed to work called me and told me she was going to try to get a ride to work, which she did. So I didn't work that day. The manager gest every holiday off, her excuse not to work is that she already gets paid a lot of money and that the boss doesn't want to pay her time and a half.

    Wellll there so much stufff about that place that I think is wrong. And I am thinking of sueing the boss for firing me without a notice. Her excusee for firing me was that I didn't fit the new boss' "profile" likes and that he didn't like my attitude. Which I think is a lie because I was really nice to him even though I didn't know he was the new boss and I talked to him and helped him do stuff. Then I asked her if she just wanted me to leave like that and she said yeah. They didn't give me a warning or a 2 week notice. Just a "let go"

    I am pretty mad about all these stuff, what do you people think?
    JoeCanada76's Avatar
    JoeCanada76 Posts: 6,669, Reputation: 1707
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    #2

    Jan 3, 2007, 10:44 AM
    I do not know where you are but is there any government program. Is there a labour board. Is there any agency that you can go to, to fight this. Fired without notice. Making you work on Christmas. Well Guess what I personally feel you have a case. I think you should fight it. I believe that you will eighter get your job back, if you really wanted to, or just get compensation pay. For example 2 weeks pay.

    Joe
    eisforx's Avatar
    eisforx Posts: 34, Reputation: -1
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    #3

    Jan 3, 2007, 10:51 AM
    I live in Los Angeles Ca. I already called an attorney. They are going to call me back to see if they are going to take my case.
    JoeCanada76's Avatar
    JoeCanada76 Posts: 6,669, Reputation: 1707
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    #4

    Jan 3, 2007, 10:52 AM
    Excellent. I hope attorneys do not cost too much. I guess, it is more the principle.

    Joe
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #5

    Jan 3, 2007, 10:59 AM
    Unless you are under a union contract or the workplace has rules about termination, then you probably do not have a case. In most states you can be fired for any reason without any notice. Unless you can prove you were fired due to sex or age or race discrimination, you are unlikely to have a case. But please do check with an attorney.
    Synnen's Avatar
    Synnen Posts: 7,927, Reputation: 2443
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    #6

    Jan 3, 2007, 11:01 AM
    You might want to double check your job description, as many companies have "at will" employees... meaning that you or they can terminate the employment at will, with no previous notification. This is not to say that it's not still courteous to give notice (if you are an employee). I'm not sure what field you are in, but it sounds like you work in retail, which is almost always at-will employment.

    Most companies want you to leave once you have been let go so that no retaliatory events can happen (such as theft, abuse, sabotaging customer bases, downloading viruses, etc).

    This is not to say that you don't have a solid complaint... I'm just pointing out that if you were an at-will employee, they can let you go with no notice whatsoever.
    JoeCanada76's Avatar
    JoeCanada76 Posts: 6,669, Reputation: 1707
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    #7

    Jan 3, 2007, 11:01 AM
    I was just stating that I do not know about his case, because in Canada. You would be able to fight this. I know I had too.
    eisforx's Avatar
    eisforx Posts: 34, Reputation: -1
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    #8

    Jan 3, 2007, 11:08 AM
    It is not a Union. It's a small Video store. And I don't remember signing any papers or contracts. We'll see if they take my case, I also doubt they are because the lady that was helping me told me that she was going to talk to the attorney and show him all the stuff I talked to her about, but that she doesn't know what he is going to say since the place is not a big company or anything. It used to be a chain but now every video store is owned by different owners. But with the same name 20/20 video.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #9

    Jan 3, 2007, 12:00 PM
    If they are using the same name it may be a franchise deal. But that's neither here nor there. The likelihood is that you are an at will employee. Which means they can terminate you at any time without notice. So they broke no laws and therefore you have no cause of action. I doubt if the lawyer will tell you anything different.
    candykitten70's Avatar
    candykitten70 Posts: 34, Reputation: 5
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    #10

    Jan 3, 2007, 06:39 PM
    California is an at will state. Your employment can be terminated at anytime without reason. The only exception would be any violation of the civil rights act.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #11

    Jan 3, 2007, 07:55 PM
    Yes I do believe California is a at will state, and they can just fire you with no reason at any time with no notice

    And not fitting in is a reaon to fire someone, now it is not a reason to show your fault so when you file for unemployment you should be able to collect your unemployment

    If you were part of a union or if you have an employement contract then they have to follow those rules.

    And if you did something wrong, a company can fire you if they want to without a warning for fault also.

    But if you will pay them, some attorneys will take your case and sue anyone, hopeing they will settle for something out of court.
    But this is just how business works, not nice, not fair, but what it is like,
    We see it all the time, I have fired people myself just because my boss told me to, no reason, he just did not like somehting about them.
    eisforx's Avatar
    eisforx Posts: 34, Reputation: -1
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    #12

    Jan 4, 2007, 12:38 AM
    Well, I didn't sign any papers. When I got hired there, they didn't make me fill out an application. I just turned in a resume that was all. No papers signed besides the W something form that everyone has to sign to for taxes and how you get paid and stuff.

    But the place is NOT a UNION. Just a small video store business.

    DIDN'T sign an job application.
    It WASN'T a AT WILL job.

    Not all jobs in California are AT WILL unless you sign a job application, or a contract or a paper that says so.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #13

    Jan 4, 2007, 06:29 AM
    From http://employeeissues.com/at_will_employment_2.htm

    Under the Employment at Will Doctrine and in the absence of contracts or agreements that state otherwise, either employees or employers may terminate employment without advanced notice or cause.

    From California State Labor Law - Law Offices Of Lauren Abrams | At-Will Employment

    The general rule regarding California state labor law is that employees are "at will," which means that their employer can fire them at any time for any reason. It also means that an employee can quit at any time for any reason.

    Now where did you get the idea that a job is not at will unless you agree to it. The opposite appears to be true. A job is considered at will unless covered by a contract that modifies the At Will Doctrine.
    eisforx's Avatar
    eisforx Posts: 34, Reputation: -1
    Junior Member
     
    #14

    Jan 6, 2007, 12:48 AM
    Damn, then all of these just sucks for me.

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