Unlawful Termination

Discussion in 'Experienced Truckers' Advice' started by dieselpowerrules, Mar 21, 2011.

  1. dieselpowerrules

    dieselpowerrules Light Load Member

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    Feb 24, 2011
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    Wasn't sure if this is the right forum for this or not, hope its okay...

    Anyway, my boss recently passed away, so now I have a new boss, and as soon as he took over I got laid off, and a person who had started just a few months ago got to keep working when I had been with the company for four years. The other night I see that person at the shop getting ready to take off, so I stop in to talk to them about how everything is going around there. She must have mentioned to the boss that she talked to me that night/I was there, and he freaked out and "let me go" instead of actually firing me so that I could continue to collect UC.

    My question is, would I have a case to sue, since I did nothing wrong, and he has no proof that I did anything wrong anyway other than a suspicion, but on the other hand I don't have any proof that I didn't do anything wrong either...

    Thought I would ask on here before I go to my lawyer, as this 200$ a week for UC doesn't go very far.

    Thanks much for any help/advice anyone can give me.
     
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  3. walleye

    walleye Road Train Member

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    Unless you are covered by a collective bargaining agreement you would be considered an "at will" employee,...

    It sounds like you have no recourse in this situation,...
     
    Rerun8963 Thanks this.
  4. ronin

    ronin Road Train Member

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    Being "let go" and "terminated" are the same thing - your state laws will dictate if you're eligible for UI. I would apply, then see what happens.
     
  5. scubaghost

    scubaghost Light Load Member

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    Do what you have to do to go back to work. Unless you have a serious problem with your driving record. Driving jobs are there if you have a little experience.
     
  6. dieselpowerrules

    dieselpowerrules Light Load Member

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    Feb 24, 2011
    Wisconsin
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    Thanks guys, I have been collecting unemployment, I've been laid off for a month already, and the bossman did say that I will still be able to collect, it just really ticks me off that I can be fired for absolutely no reason...
     
  7. outerspacehillbilly

    outerspacehillbilly "Instigator of the Legend"

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    Plenty of jobs out there, start applying. Sounds like they probably did you a favor.
     
  8. rocknroll81

    rocknroll81 Road Train Member

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    I don't know all the discrimination laws, but i sure would call The Equal Employment Opportunity Commission. They are the federal level. I filed a age discrimination complaint up here in Wisconsin and we are a <at will> to work state. I found out also that the EEOC works with the Department of Workforce Development"s Equal Rights Division, this is the state level. I would start making some phone calls. I know some other post said you are an < at will > employee, that does not matter as you have more time in than the other person. I just don"t know if it's federal or not. Mine is, and it can go to the state level, but the feds are going to handle it at this time. What you also have is your unemployment and be glad, if the EEOC takes this on it could take a loooong time.
     
  9. Lilbit

    Lilbit Road Train Member

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    What would EEOC have to do with this? So they kept another driver instead of this one. Get out there and start looking for a job. With 4 years under your belt, it shouldn't be too difficult. Love how everyone is so quick to sue someone. If you have a good driving record, and a good back ground, there are plenty of companies out there to work for.
     
  10. outerspacehillbilly

    outerspacehillbilly "Instigator of the Legend"

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    Unless you are union and work under a "senority" based contract then your time of employment means nothing.
     
    walleye Thanks this.
  11. ronin

    ronin Road Train Member

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    Devil's advocate - the other person hired was female, you're male and were laid off... and you talked to her and the new boss fired you? Does anyone else smell male competition syndrome with the boss throwing this guy away because he was a threat to a possible situation (for the boss) with the female employee? I've seen people whacked for much less.
     
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