Wanna know what I really love?

[Brian Hamilton]

Getting called yesterday on my day off and being told to have my ass at work to open the store at 6:30am. Oh, and you're going to work a 12 hour shift by yourself.

Go down to Austin (2 hour drive) last night rather than this morning (lost a night with the new daughter).

Get to work at 6:30am, get everything open and ready to roll.

District manager shows up around 9:00am.

Calls me in for a meeting at 11:30am.

Tells me they have to let me go because now that I'm a father to a newborn, and I work 2 hours away from home, I may turn into an unreliable employee.

According to them, if something happens to her, I'll just leave to go take care of it. I told them my work ethic wouldn't allow me to do that, but it was no use. Their mind was made up. Even telling them that my wife is making NO money because her job doesn't really offer paid maternity leave and I am the only one working did no good. Basically their response was, "We can't pay you what you need to justify you working here." While this is true, they have been screwing me royally on my pay for the last month or so, it still was a job and something was better than nothing.

Now I have nothing. Great...

When can I just catch a f*%#ing break?!

On the flip side, my family life is absolutely perfect and I can't ask for more in that department. I'm sure multimillion dollar a year exec's would like that. I'd be happy with a $40k-$60 a year job.

Damnit... This sucks.

 

[Randy V]

Sounds to me like you my have a case for a lawsuit....

Sucks indeed...

 

[Jim Craik]

Brian, this is awful,

I agree with Randy about a law suit, screw those people!

Feel free to let us know the name of this company and I will let them know what I think. I know in California there are strict laws about this sort of thing.

I'm so very sorry!!

We'll be thinking of you, good luck.

You should see if perhaps our friend Jeff can help?

 

[Rich E.]

Let me get this straight. Your ex-employer fired you based on his narrow prediction of the future. Something sounds funny here. New children promote loyalty to an employer, especially in this economy.

.02
Rich.

 

[Dalton Veitch]

Very sorry to hear this Brian. Certainly they are crappy employers, but everyone needs money to live. It looks black at the moment, but I sure hope you can pick up a new job soon.

 

[Doug S.]

Brian, this just BLOWS!!!

Since you did nothing to deserve to be fired, I'd suppose you might qualify for some unemployment benefits....I know that's not much, but it's better than nothing.

Good luck finding another job!!

Doug

 

[Ian K]

Hey Brian,

Wow, that totally sucks.

Definitely look into unemployment, but you may have legal recourse as well. How long had you been working for them? If a year, then they may have violated the FMLA.

Ian

 

[Randy V]

They used to fire women when they got married as they were likely to then have children and have forced absences,

They used to not hire women into managerial positions since they would be "moody" for a week every month and thought to be mentally unstable during that time.

They used to fire people if they should ever get into any tax difficulties as they were more likely to embezzle funds or otherwise steal from the employer.

They used to fire people for getting sick more than once in a year.

They used to....

Ever wonder why they "Used to" ????

Simple economics... They found that it was better to deal with potential issues as they may arise in order to help insulate themselves against lawsuits that were quite rightfully draining their pockets..

The more I think about this the more pissed I get.
My wife worked as a Word Processor for Arthur Young & Company back in the early 80s. When she took maternity leave to have our son (leave without pay mind you), they informed her that she would no longer be an employee of the company as they could not deal with that position being open.
I wish we had understood her rights back then. We would have not had to worry about how we were going to make our next house payment.

Brian - if you have ANYTHING documented - I would certainly urge you to exercise your rights.

 

[Paolo-LoveGT40 Modelworks]

Seems just an excuse to fire u.
Try with a lawer, but they cost money too.

Too sad Italy is coping also this american nasty working system.

 

[Grady]

Brian,
Here in NC we have a law, the name escapes me, that allows the employer to let an employee go 'without cause'. Does Texas have this law in place? The company is counting on you not doing anything about the release from work, and I would guess they did not give you a written statement stating the reason you gave us.
You could write them a summary of what happened and their stated reason for letting you go. That puts them on notice and would give you that written statement. They are counting on you not to be in a position to hire a lawyer as they pretty well know your finical position. I would talk with a lawyer and get their advice. The reason they gave is lame. If you need to fire someone at least be up front with them. That is what I do......That is the worst part of my job because I know there are families involved and not just the employee.
Grady
Ps when I left Square D after 17 years of being the wrong sex, the wrong color, to much education, the glass ceiling. I knew I'd made the right decision within 6 months of leaving. My job is fun now, maybe too long a day, but at 6-8 times my Square D pay it was the best revenge.

 

[Dave Wood]

I think in the current economic situation there are many getting fired for lame reasons when it is really a poor decision based on $$ they think they can save. I have several friends that have been with companies 10 years or longer and they are pivotal people in those businesses. It seems to me they are looking at what they are saving and not what they are losing in skill and $$$ taken in. No balance, but that is exactly why we have the current mess.
You should at least appeal it to the state employment people. But, many times it is just the early sign of a sinking business. You may consider it a blessing down the road as you got a head start on a new job search while many that are still there will be looking with the remaining employess when it gets closed/downsized..whatever. Just my observations over the years.
I work for myself, and though my boss is a pr!ck...I always know what he's thinking

 

[Brian Hamilton]

Thanks for all the kind words guys. The problem is, Texas is a "Work At Will" state. What this means is that you and your employer have the right to terminate employment for any reason, or for no reason. It's just the way it is. They can seriously fire you because they don't like the cologne you're wearing. I can't do anything legally, and since I have only been employed there since April 5th, I don't qualify for unemployment. So, to put it politely, I'm pretty f*%^ed. I'm going out to beat the streets today here and see what I can find. I've been looking for something locally since last year with no luck. We'll see what happens...

Wish me luck guys!! Thanks for all the kind words and prayers!

Brian

 

[Ian K]

Brian,

California is an "At Will" state as well. What that means is you can be fired for no reason. It does not mean they can fire you for the "wrong" reasons" (aka discriminatory ones). So, they cannot fire you if you are black, brown, Jewish, Catholic, gay, female, etc. If they give you a reason for your firing, then they have to meet certain criteria. Firing you because you have a new born child is discriminatory, and may be in violation of Federal law.

"At Will" is not an excuse to break the law.

Find a pro-bono lawyer/firm, and see if they want to take the case.

Ian

 

[Garry]

Brian,
Ian is correct. You may well have a case. You should contact EEOC and see what they say. It may take a while, but they will give you an audience.

On another note, go after a new job as if it's your real job. Don't rely on just internet postings. Use your contacts and don't be ashamed to ask for a job or reference.
Research the company that you target and learn as much as you can about their business model. It will show the interviewer that you have done your homework.

Garry

 

[Brian Hamilton]

To be honest, what I'm really looking at is becoming a police officer. I am now just looking for a job to pay the bills and allow me to take the classes at night. It's a 34 week class since it's at night, but it'll be worth it. I have wanted to be a police officer since high school and finally am going after it. I have to wait for a call back from licensing to see if my past criminal history is going to effect me. Knowing my luck, it'll screw me.

We'll see...

 

[Mesa]

Hey Brian good luck withall this crap.

BTW: Don't worry about a "criminal" record... only one state has the death penalty for speeding.... I think it's Ohio.

A follow up on our phone conversations of some time ago...the GF went to Austin, got hit by a Pizza delivery driver while riding her bicycle.... was forgiving and said "don't worry about it, I'll be fine". Only to end up being sued by the insurance company for the damage SHE DID because she ended up on the hood of the delivery vehicle!..Really NICE.

That was the end of looking at Austin and Texas for her.

 

[Pat]

Brian, call the local EEOC. They would need to review the matter prior to litigation. I think the "... now that I'm a father to a newborn, and I work 2 hours away from home, I may turn into an unreliable employee." Could be cause for action. If they find cause, they will fund litigation.

 

[Brian Hamilton]

Hey Brian good luck withall this crap.

BTW: Don't worry about a "criminal" record... only one state has the death penalty for speeding.... I think it's Ohio.

A follow up on our phone conversations of some time ago...the GF went to Austin, got hit by a Pizza delivery driver while riding her bicycle.... was forgiving and said "don't worry about it, I'll be fine". Only to end up being sued by the insurance company for the damage SHE DID because she ended up on the hood of the delivery vehicle!..Really NICE.

That was the end of looking at Austin and Texas for her.

Hey Rob, give me a call man, need to catch up.

Are you serious?! Wow! What pizza company was it? I can't believe they actually did that. Austin is a crazy town man. It tries to be all "Hippy" and "Live Music Capital Of The World", but then passes noise ordinances at the concert grounds. It's like all the "Hip" California people moved here and then got all uptight and will only allow people to be "Hip" between certain hours. LOL I kinda miss it, but not really. The traffic there is atrocious!!!

Laters,

Brian

 

[Pete K.]

BUMMER!

I doubt that you'll be able to get anything from the company (they'll simply give another reason for letting you go). Sounds like you have a solid reason for unemployment and I doubt that the company will deny the unemployment claim.

As for the "criminal history" and becoming a police officer... make sure you disclose everything and get them to acknowledge the disclosure and have them provide a statement that your criminal background will not affect your ability to become a police officer. There are Federal rules covering disclosure rules for things like Criminal Justice and Health Science schools and people with criminal backgrounds. If the school that you are interested in balks at providing you documentation, go to a different school. Even "minor" things like possession of MJ can keep a person from some career fields.

 

[Pete McCluskey.]

That really sucks Brian, they are arseholes and you a better off not working for such people, although it may not see like it at the moment. Good luck with the police job, or any job for that matter.