contact the newspaper, tell them the district manager almost hit YOU in the parking lot and your job is in jeopardy because of the DM's inability to look before backing up (or whatever he was doing)
you were on company property (parking lots are company property) so yeah you could be fired. what kind of a lame company fires for crap like that though. your district manager sound like a baby. you can tell him i said so. 
and yes, i think if you were fired for this, unemployment would probably think they had other motivations and would side with you.
and yes, i think if you were fired for this, unemployment would probably think they had other motivations and would side with you.
Let me be the first to say that all of the posts thus far are focusing on the wrong issue.
From a liability perspective, unless you can be cited for speeding/reckless driving by a police officer with an established criteria (measurement, timing, radar, etc.), its is not admissible for insurance purposes. Furthermore (as part of tort law), negligence is based on damages. No damage, no foul....that is, you can't sue someone for negligance because they "might" hit your car.
Lets now look at it from an insurance perspective. You are travelling in the main aisle of a parking space. He is backing from a parking space. As i've mentioned before, you could be driving backwards, blindfolded, getting a bj, while singing we are the champions, and he is still at fault if he hits your car. Are you starting to get the idea?
However, in the second scenario, from a tort standpoint, a personal injury lawyer can argue for certain negligance based on circumstance, points of impact, location, weather conditions, etc. However, usually in the insurance industry, if you are in the main aisle of a parking lot, you hold no liability.
From a liability perspective, unless you can be cited for speeding/reckless driving by a police officer with an established criteria (measurement, timing, radar, etc.), its is not admissible for insurance purposes. Furthermore (as part of tort law), negligence is based on damages. No damage, no foul....that is, you can't sue someone for negligance because they "might" hit your car.
Lets now look at it from an insurance perspective. You are travelling in the main aisle of a parking space. He is backing from a parking space. As i've mentioned before, you could be driving backwards, blindfolded, getting a bj, while singing we are the champions, and he is still at fault if he hits your car. Are you starting to get the idea?
However, in the second scenario, from a tort standpoint, a personal injury lawyer can argue for certain negligance based on circumstance, points of impact, location, weather conditions, etc. However, usually in the insurance industry, if you are in the main aisle of a parking lot, you hold no liability.
Svnla
Lifer
- Nov 10, 2003
- 17,986
- 1,388
- 126
I think your company is a little overboard for this. IF everything you told us were true, you should get a verbal or written warning, not fire, unless it was a repeat offense.
Go and talk with HR manager, tell him/her that it was not a repeat occurance and maybe they won't fire you. It will depend how do they like you and your work history. GL.
At my former workplace, the lunch hour and end of shift were a mess. The plant manager just told the production manager to tell everyone to slow down in the parking lot. Some were being writtten up but never fired.
Go and talk with HR manager, tell him/her that it was not a repeat occurance and maybe they won't fire you. It will depend how do they like you and your work history. GL.
At my former workplace, the lunch hour and end of shift were a mess. The plant manager just told the production manager to tell everyone to slow down in the parking lot. Some were being writtten up but never fired.
waggy
No Lifer
- Dec 14, 2000
- 68,143
- 10
- 81
how are we foccosing on the wrong issue? we are foccosing on the fact he may get fired NOT that he was nearly in a accident.
I have a feeling that he is more worried about that then the accident. but hey if you wanna be worried about it then go ahead.
The OP can be fired for this. Though i think it would be silly for them to do so. Contacting the paper or anyone else on this is NOT going to help. a high level manager says he was driving reckless. That means to the company he was driving reckless.
Though they should have security cameras showing what happened. IF he wants to file a case for unlawful termination i guess he could pull that. but i do not think it would help him much.
SP33Demon
Lifer
- Jun 22, 2001
- 27,928
- 143
- 106
Kick the sht out of yourself by punching yourself repeatedly in the face... go into boss's office and break anything made out of glass, and call security to alert them that your boss beat the snot out of you. Proceed to embezzle hundreds of thousands of dollars out of company while traveling the country spearheading a new craze where white collar guys beat each other to a pulp in dark basements[/FightClub]
tough situation. i have to believe that this falls under wrongful termination. are you a temp employee? If not, I'd consider getting consultation from a lawyer (some are free for hearing a potential case). Only if you think being fired from this type of job could hurt you on the long run. It essentially goes down to libel since they are documenting you as a reckless employee.
Didn't read every reply but did you consider asking your boss to setup a meeting with said big cheese? I think talking with big cheese himself, explaining your point of view (from your car) and apologizing in the process might help you turn a bad situation into a brown nosing opportunity.
Get dressed up - a bit more than the usual shirt and tie. Comb your hair, shave and discuss what happened with the cheese. If he is at all reasonable he may reconsider his position AND look favorably on you in the future.
Get dressed up - a bit more than the usual shirt and tie. Comb your hair, shave and discuss what happened with the cheese. If he is at all reasonable he may reconsider his position AND look favorably on you in the future.
SpunkyJones
Diamond Member
- Apr 1, 2004
- 5,090
- 1
- 81
Originally posted by: Ausm
I would give my left nut to work in a place like that
Ausm
I agree, I would also give your left nut to work in a place like that.
Ok... they want you gone. No offense to you in my saying that, but if they wanted you there, they would not fire you over this...
Here is what is going to happen...
They will keep you on suspension long enough for them to put their heads together with the company lawyers to see what they can find to use to fire you. Once that happens, you will not get unemployment, cause they will have found a basis for termination... this is most often... failure to follow company policy.
Even if you try to fight it, depending on what state you live, they will probably not back down, and if they did... it will be a hostile working environment. I would not sweat it, I would just start looking for another job.
edit: I would guess that the district manager is on a power trip and expected you to stop for him.
Here is what is going to happen...
They will keep you on suspension long enough for them to put their heads together with the company lawyers to see what they can find to use to fire you. Once that happens, you will not get unemployment, cause they will have found a basis for termination... this is most often... failure to follow company policy.
Even if you try to fight it, depending on what state you live, they will probably not back down, and if they did... it will be a hostile working environment. I would not sweat it, I would just start looking for another job.
edit: I would guess that the district manager is on a power trip and expected you to stop for him.
Well based on the information you told us:
Company's will fire for wreckless driving or unsafe driving (on their property). I use to work at Dell and that was one of their policy, they said any unsafe or wreckless driving on their property will result in termination.
Depending on how strict the company is, they may never care about your side of the story. I had a friend recently get fired from Dell because a co-worker forwarded him and a few other workers an e-mail with a racists joke. My friend tried to tell them that he was not racists and did not know his co-worker would send him that kind of material. But they didn't care, they still fired him.
Company's will fire for wreckless driving or unsafe driving (on their property). I use to work at Dell and that was one of their policy, they said any unsafe or wreckless driving on their property will result in termination.
Depending on how strict the company is, they may never care about your side of the story. I had a friend recently get fired from Dell because a co-worker forwarded him and a few other workers an e-mail with a racists joke. My friend tried to tell them that he was not racists and did not know his co-worker would send him that kind of material. But they didn't care, they still fired him.
DrPizza
Administrator Elite Member Goat Whisperer
something doesn't sound right.
the 2nd car - the one the district manager was driving, was pulling out and almost hit you because you were traveling faster?
Thus, if you were traveling at a normal speed, he was pulling out in front of you.
Better yet, backing out in front of you...
If what you speak is the truth, then the district manager was at fault since you have the right of way in the main lain. Get the reason for termination (reckless driving) in writing, including their version. Then, sue the district manager for libel - his written statement resulted in damages to you. It doesn't sound too hard to prove your side of the story, particularly since you had the right of way. The best it can be perceived from him is an opinion... but they took it as a statement. Good luck.
the 2nd car - the one the district manager was driving, was pulling out and almost hit you because you were traveling faster?
Thus, if you were traveling at a normal speed, he was pulling out in front of you.
Better yet, backing out in front of you...
If what you speak is the truth, then the district manager was at fault since you have the right of way in the main lain. Get the reason for termination (reckless driving) in writing, including their version. Then, sue the district manager for libel - his written statement resulted in damages to you. It doesn't sound too hard to prove your side of the story, particularly since you had the right of way. The best it can be perceived from him is an opinion... but they took it as a statement. Good luck.
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