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Got fired today

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Originally posted by: rahvin
Originally posted by: tm37
Originally posted by: Moonbeam
The right to work= sianara baby. Maybe you join union now.
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I'll pass thanks.


This was the first they had mentioned any performace problems.

The said it was more of a restructuring move than anything and because I was looking anyway they choose to let me go.

I am not going to sue, Whn I agreed to go to work for them I knew it was an at will employer and sorry but I have no desire to attack them. I am going to move on. If I can't find work in a few months I will become a competitor of theres.😉
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Something to keep in mind if you don't get the other job. They cannot fire you for seeking another job, at will employment or not. It is not a valid reason for termination. If they even mentioned it when they fired you then you could sue them. Now if they were smart they never even mentioned that you were looking for another job and you would have a very difficult time proving a wrongfull termination suit.
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When you're empoyed "at will" which most people are these days, they can fire you for ANYTHING as long as it doesn't violate EEOC laws. Basically you can come to work one day and can be fired if you boss thinks you're wearing an ugly shirt.

Oh..one more thing. If the company has fewer than 15 employees they can fire you because your black, a women, old or anything else.

Please don't waste our courts time trying to sue. You'll end up losing. If you don't like the laws vote.
 
Originally posted by: LostHiWay
Originally posted by: rahvin
Originally posted by: tm37
Originally posted by: Moonbeam
The right to work= sianara baby. Maybe you join union now.
Click to expand...

I'll pass thanks.


This was the first they had mentioned any performace problems.

The said it was more of a restructuring move than anything and because I was looking anyway they choose to let me go.

I am not going to sue, Whn I agreed to go to work for them I knew it was an at will employer and sorry but I have no desire to attack them. I am going to move on. If I can't find work in a few months I will become a competitor of theres.😉
Click to expand...

Something to keep in mind if you don't get the other job. They cannot fire you for seeking another job, at will employment or not. It is not a valid reason for termination. If they even mentioned it when they fired you then you could sue them. Now if they were smart they never even mentioned that you were looking for another job and you would have a very difficult time proving a wrongfull termination suit.
Click to expand...

When you're empoyed "at will" which most people are these days, they can fire you for ANYTHING as long as it doesn't violate EEOC laws. Basically you can come to work one day and can be fired if you boss thinks you're wearing an ugly shirt.

Oh..one more thing. If the company has fewer than 15 employees they can fire you because your black, a women, old or anything else.

Please don't waste our courts time trying to sue. You'll end up losing. If you don't like the laws vote.
Click to expand...

Not to worry I have zero desire to go to court.

I take most everything in stride and will continue to be.(albeit a little poorer for a while)🙂

 
Man that sucks. I hope that you are able to find some other jobs quick. Sorry to hear the bad news after your vacation... I guess that is better than hearing right before your vacation.

Good luck.
 
All the posts by people talking about lawsuits and stuff are rather amusing. Obviously from people with no information on labor law........

Sorry about the job, hopefully you'll land one of the other ones and in a good spot. Sounds like you have a good head on your shoulders.
 
Originally posted by: tagej
All the posts by people talking about lawsuits and stuff are rather amusing. Obviously from people with no information on labor law........

Sorry about the job, hopefully you'll land one of the other ones and in a good spot. Sounds like you have a good head on your shoulders.
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Hey if I am gonna get screwed I gonna get screwed on my terms.

The bottom line is they are the ones who made the bad choice not me. I would rather be poor with dignity than rich with shame.

I have worries of course of finding a job But I know that I got this far with hard work and intelligence. It isn't the first time I have had to start over so alas my life. I actually could end up commuting to CALI if nothing comes up. I would work about 3 weeks a month and spend a week with the family. I don't want to move so here goes my life in circles. I already have a side job lined up if I want it. I am not ready to work for myself just yet though.
 
I'm sorry you got fired, but I disagree with a lot of the other posters about it covering "looking for another job" as wrongful termination. I don't know your exact position, but there are a lot of instances where it would only make sense to fire someone you know is trying to find a job elsewhere... example: engineer developing something wants to work for another company.... you don't want him gaining more knowledge at your company's expense to take elsewhere. Also, a manager or boss would lose credibility if the people below him knew he was looking for another job. i.e. "why should I hurry and get this project finished for him, he'll be gone before it's done."
 
Originally posted by: tagej
All the posts by people talking about lawsuits and stuff are rather amusing. Obviously from people with no information on labor law........

Sorry about the job, hopefully you'll land one of the other ones and in a good spot. Sounds like you have a good head on your shoulders.
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Just talked to the VP of Human Resources in a fortune 100 company.

Her take on it "With that little bit of information, the mention of they knew you applied for another job and no written documentation of performance problems I would be extremely concerned. Sounds like wrongful termination to me and the company is liable."
 
Originally posted by: spidey07
yeah, unless there was documented proof of poor performance then you have a lawsuit on your hands...at will state or not.

I'm not one to advocate suing anybody, but your situation pretty cut and dry.

Good luck with what ever you do.
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No he doesn't. He would have to prove the employer fired him for something covered as a wrongful termination (ie, using FMLA, bringing up sexual harrassment, having a disability, etc). Telling his employer he was interviewing for another position is not an act that is covered against wrongful termination. Wrongful termination is not a flexible issue that you can use to fit your needs, there are specific areas that are covered. This is not one of them.

 
The answer that a Fortune 100 company VP of HR would give is different that what the law actually requires. Companies of that size are viewed as having deep pockets and often have government revenue that makes them subject to different standards.

For example,if the company I work for found out that a salesman was interviewing at the competition, we would fire him and it would not be wrongful termination.

Michael
 
Originally posted by: tm37
I am not going to sue.

let me repeat

I AM NOT GOING TO SUE
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TM,

Sorry I hijacked your thread. Please accept my apologies.

Good luck to you and enjoy your next new challenge.
 
Originally posted by: Hoober
Originally posted by: Lizardman
why is everyon so quick to sue someone. Just because he got fired doesnt mean his life is over.
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He was wrongly terminated. He deserves compensation. There are laws against that sort of thing.
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What law would that be? 😛


Sorry to hear you lost your job. You sound quite sensible; I'm sure you will be up and running fairly soon.
 
Minnesota is an employment "at will" state - Link
That means that: "The employer can fire any employee for any reason as long as that reason is not illegal."
tm37 was NOT fired for an illegal reason so he can't sue for "unlawful termination." He has no grounds. In fact, AFAIK, looking for another job is lawful grounds for termination in every state.

Sorry you lost your job, man. The good news is that you should be able to easily get unemployment (although watch that "production" issue if they decide to fight it) and the one months severence is kind of nice.

Sometimes losing a sh!tty job can be the best thing that ever happened to a person.
Good luck in the future.

edit: another hopefully helpful link
 
Why do all of you think this is lawsuit material? At my job whenever layoffs come around they generally try to cut the people they know are looking elsewhere.

In my state, wrongful termination suits are almost unheard of, because the employers have the right to terminate one's employment at any time for any reason.

Good luck on the other job dude.
 
Yeah sue their pants off, RAGE AGAINST THE MACHINE hehe

Sue if they fired you cuz you applied for another, when are companies going start to respect there employees and their rights

Dogg
 
Originally posted by: spidey07
yeah, unless there was documented proof of poor performance then you have a lawsuit on your hands...at will state or not. I'm not one to advocate suing anybody, but your situation pretty cut and dry. Good luck with what ever you do.
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This is correct. Even if you "contract" states employment "at will," they still have to have a reason other than you applying at another place. There are exceptions to every rule. For example, if you have a NDA or non-competitive disclosure clause in a signed contract and you applied to a direct competitior they can terminate without cause.

 
Originally posted by: compudog
Originally posted by: spidey07
yeah, unless there was documented proof of poor performance then you have a lawsuit on your hands...<STRONG>at will state or not</STRONG>. I'm not one to advocate suing anybody, but your situation pretty cut and dry. Good luck with what ever you do.
Click to expand...

This is correct. Even if you "contract" states employment "at will," they still have to have a reason other than you applying at another place. There are exceptions to every rule. For example, if you have a NDA or non-competitive disclosure clause in a signed contract and you applied to a direct competitior they can terminate without cause.
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Perhaps you'd care to show where in MN law being fired for applying to another job is considered on the same level as being fired for sex, race, marital status, etc?
 
Originally posted by: Lizardman
why is everyon so quick to sue someone. Just because he got fired doesnt mean his life is over.
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Unless you work at walmart or Mc Donalds, and that's the only kinda work ou aspire to do, you try going out and getting a job in todays world. For a lot of people getting the boot is a big big thing and can ruin someones savings and credit,which means the next 7 years of their life are going to suck hard.
 
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