Not Eligible for Rehire

Criminey Jade

If you haven't filed for unemployment, I suggest you do that. Yes, I understand you quit. By their actions, they forced you to quit. You may or may not receive unemployment benefits. If you file, your previous employer will be required to dispute your claim. That is, explain why you were forced to quit. Either they dispute it or they don't. If they don't, you are automatically approved and receive a check. If they dispute it, this becomes "discoverable documentation" should you (or anyone else in a similar situation with the company) sue. They most likely won't dispute your claim. Meaning - You might get a weekly check. (BTW: The usual unemployment is not taxpayer funded welfare; it is insurance you have already paid.) As a side benefit, you may be eligible for retraining money, classes at community colleges, or something similar.

If they owe you money, call their HR dept and complain. "Do you want to voluntarily pay me, or will I need to take this outside the company?" Tell them to throw in an extra thousand for treating you badly, but don't expect it.

One more thought. Find out if your state bar (for attorneys) has an "ask a lawyer" or help you find a lawyer program. Often these are free. Call and explain your situation. They've heard it all before.


How is the company's safety record? How many trucks out of service? Is it a public or private company? Any lawsuits from shippers, employees, shareholders or the government?

 

I thought she was an IC?

 

IC as in Independent Contractor?. If so, were you ever really "employed" and if not then the statement "Not Eligible for Rehire" is null and void as you were never "hired" or an "employee" in the first place.

Just asking here, not claiming to know the ins and outs of being a contractor.

 

Criminey Jade

If you drove THEIR truck and THEY told you when and where to drive it, the IRS likely considers you an employee, not a contractor. What your employer did is illegal. Plus, giving you a bad reference implies you were an employee. What I mean is by telling a reference checker you are not eligible for rehire means you once were hired as an employee.
How many workers does this company have? How many branches?
If these numbers are large (especially workers wrongly classified as contractors), an big employment lawyers would love love love to speak to you. Not only do you have a lawsuit, you may have a class action lawsuit. (A good friend was recently part of a lawsuit like this. Cost him nothing. He got a few thousand in back wages. His coworkers who initiated the lawsuit got much more.)
If the company has a small number of workers, they won't risk losing a lawsuit. They'll likely pay you without having to sue. You'll have to hire an attorney. Get one specializing in employment law and one who work on contingency.


Below are direct quotes from IRS.gov that tell how to distinguish between contractors and employees.
Employers who misclassify workers as independent contractors can end up with substantial tax bills. Additionally, they can face penalties for failing to pay employment taxes and for failing to file required tax forms.
Behavioral Control: Does the company control or have the right to control what the worker does and how the worker does his or her job?


Financial Control: Are the business aspects of the worker’s job controlled by the payer? (these include things like how worker is paid, whether expenses are reimbursed, who provides tools/supplies, etc.)


Type of Relationship: Are there written contracts or employee type benefits (i.e. pension plan, insurance, vacation pay, etc.)? Will the relationship continue and is the work performed a key aspect of the business?




If you have the right to control or direct not only what is to be done, but also how it is to be done, then your workers are most likely employees.

If you can direct or control only the result of the work done -- and not the means and methods of accomplishing the result -- then your workers are probably independent contractors.


Feel free to PM me.

 

Google employee vs independent contractor if you want to read more.

 

He had one non preventable dear suicide and one preventable when he first started at US X.

 

[QUOTE="semi" retired;4438767]Hi CJ, years ago, I left jobs with no notice (take this job and shove it) and just didn't put them on the next application, but nowadays, with all the electronic records and such, you can't do that. I would hope the next employer would look at your performance and driving record, and not why a past employer is upset because you quit, regardless of the notice. If it's just a lack of enough notice, that's crazy. Is a past employer giving you a hard time because you quit? I suppose you could contact them and ask what gives, although, that probably wouldn't help much, it's their way of getting back at you for quitting. I think you'd be better off explaining to the new employer why you quit the one giving you trouble. If they don't understand, you may not want to work for them anyway. I would think any respectable company would understand, not getting paid is a pretty good reason to quit.[/QUOTE]

when i was a teenager I once took a job cleaning time share condo's i worked the job 3 days called in my 4th day went and found a job at a tire shop. they wanted me to start immediately. no call no show the 5th day. 6th day they called me I told them I would not be back. they gave me a lecture about how they require 2 weeks notice and it would look bad for me in the future. I laughed out loud and told them you really think im going to put you guys on a future job application. Then asked what day to expect my check for the 3 days of work that i did.

had a construction job where half the time if you were the last one to the bank on payday your paycheck would bounce. he would also always ask you to take part of your paycheck in pot rather than money. he had a good looking daughter that had a thing for me. I did things with her and a vidio camera and left the tape on his desk when I left.

normally i try not to burn bridges but every once in a while you just gotta pour the gasoline and strike a match.

 

Hi Ezrider, wow, you're bad,,,,I LOVE IT!!!

 

shoot CJ. i wouldn't give it a minutes thought. all you need to do is get out there and present yourself,in person, and you will land a good job. you are already leap years ahead of those that just grad-yeeated from driving school.