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baggins920 · Oct 19, 2008, 05:58 AM

Well here goes. I was laid off Friday. How it all went down is the bad part. I am in the laborers union. I was working for this employer for about 6 weeks. My father is on the same job just a different employer. He's a very respectable machine operator. Here is my story. The week started fine... wed night after work I ended up going to the hospital. I was there till 330 in the morning. I got up an went to work after being in the hospital an having only an hour of sleep. I have had a perfect attendance record with no lates. I was late that morning I was dead tired an not feeling to hot. When I got in the company van my labor forman didn't even give me the chance to say what happened before he said your late again your gone. I explained an he seemed to ease up. I said I'm never late an never missed a day an if I was late I would have a great reason. I showed him the discharge papers. Any less of a man would have called in. we ended up getting out early due to rain. I got my check. My check had child support tooken out of it. Child support was dropped from court. I called my company I was working for an asked what the deal was. They said they never got a fax. So I called the support collection, they said they faxed it days ago an got a confromation that it was received. So they re faxed it. Thought everything was fine. But the lady was a little testy about the mix up... friday. Went to work on time feeling better. My labor forman was being unusually rude to me. Even when I was working he'd at me an tell me that's not what he wanted me to do. I'm a laborer, my first responsiblilty is to make sure the carpenter are taken care of. I was tending to to carpenters, an he came up an asked what I was doing I told him an he said they can do it themselves. I was pounding stakes in(which if they did it I would have been ed at) they onlything I said was" dave you don't have to stay on me, i always stay busy" he replied boy you better listen to what I say or you'll ing be laid off". he disapeared i did what he said an was cleaning. about twenty mins pasted he came out from behind a dirty pile an said get your ing an get out of here your done! i asked him what i did he said i gave him attitude.....so after i left he told everyone that he fired me an was braggin. he even went to another employer which my dad works for an told people that worked with my dad, "he just got rid of his son" and bragged about it. My father said he culd of helped me possibly get a job with his company but my forman went an told everyone on that job. Him an my father had words, my dad just said it was very unperfessional, that your not supposed to A. tell everyone what you did B. go to another company I could have had a job with an slander my name. I called the union hall an my BA just gave me another job an asked me to forget it happened. He basically is trying to sweep it under the rug. What I find strange is, I got my check the next day(sat). This is premeditated an I think it stemed from my childsupport case. I asked that day if there was a lay off an they told me that I wasn't getting laid off that the need me. My check was posted marked before noon that day way before this. I think that he was trying to push me to make this look like it was my fault. Plus I feel like I was discriminated against over all this. It was done very unperfessional. I wanted to know if I have a leg to stand on. I want to bring legal action against them. I have never been treated this poorly from an employer, I have a great record with the union. Do I have a case here?

twinkiedooter · Oct 19, 2008, 07:32 AM

Employers can lay off or fire anyone they want at any time they want. Just because they treated you poorly as you put it does not mean you have a case.

If your union thought they could get you another job and did get you another job right away, just take their job and forget what that other company did to you.

They could have fired you if you wore a green shirt to work or a red shirt and the foreman does not like red or green shirts. They don't really have to have a reason to fire someone now a days.

That was pretty low of the foreman though to go to the other company and bad mouth you though.

I don't really see any sort of a case here for you. I'm sorry.

excon · Oct 19, 2008, 07:52 AM

Hello bag:

I'm sorry, I didn't read your thing. It was too difficult without any punctuation.

But, I don't need to hear the story. All I need to hear is that you're a union member. IF you have a case, it should proceed through the union in terms of your job.

If you didn't lose anything because of the actions of this employer, and I gather you haven't, then you don't have grounds for a lawsuit, even if you were treated shabbily. You'd need to prove monetary damages, and if you're still working, you have none.

excon

Fr_Chuck · Oct 19, 2008, 08:35 AM

Sorry no legal case unless they violated some union rule, and then it is up to your union steward or union management to decide how THEY want to handle it.

I am sure it was how you talked to the supervisor and the office people, since if you were doing your job, and not bothering anyone, they would not be getting rid of you.

It is the union that needs to back you, but it appears they found you another job, so you have not lost anything.

baggins920 · Oct 19, 2008, 11:30 AM

Well my union rep said he doesn't want to get involved and "just forget this happend"

baggins920 · Oct 19, 2008, 11:32 AM

What bothers me is seems this a. all stemed from my childsupport being taken out of my check when it's shouldn't have. I called the office an wasn't treated that well when I told them that case was closed. Or B. they are black balling me an my own union won't stand up for me at all. I can't get a job with that other company now for sure.