The Law Behind Fake Reasons for Firing (Pretextual Terminations)
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- Опубликовано: 18 май 2024
- In this video, Branigan explains pretextual employment terminations. What is pretext? What impact do fake reasons for firing have on employment lawsuits? This video explains everything that you would need to know. Please subscribe to Branigan's channel!
Branigan Robertson is an employment lawyer in Orange County, California. His firm exclusively represents employees in lawsuits against their employers. Visit his website at: brobertsonlaw.com
Other ways to find me:
Twitter: / braniganlaw
Facebook: / caemploymentlawyer
#Pretext #Termination #EmploymentLawyer
Agencies always lie about why they fire an employee they set up because they want to get away with retaliation. Great video.
Happened to me today. They said because my shirt was untucked. Meanwhile other employees had their shirts untucked on video
@@andrews9899that’s the lamest reason I’ve heard this week
Walgreens and CVS are notorious for marking all employees as "not meeting expectations" on their annual reviews to have documentation when they fire you for unrelated reasons.
Too many lazy fucks.
those dislikes i guarantee are HR professionals as they are angry on you.😐
Who gives them a F
I agree.
😂😂😂
I work in HR and I liked the video
Yup! 😂🎯
Of course the employers will never say the truth in most cases. They don't even present the new hires the truth in the orientation about the company what makes me think they will tell the truth when they fired an employee lol. Learned this many years ago. Your videos is awesome! I'm learning lots from you.
Thank you
FACTS !!!!
From the beginning to the end of employment, create a file folder and keep copies of everything, including a written log of all incidents involving you, time dates etc.. You never know when this evidence will be needed, regarding an AT WILL job. Document everything regardless of how minor.
Yes, and keep track of all your wins (and their respective monetary equivalent) so they’ll also see how much work they’d have to do to find someone else who brings that much value to the company
Best advice I’ve read. Wish I did this
I was getting to close to age 62. I was aware that the firm I worked for was firing employees who were close to 62. I had a quota to meet. The more difficult work that took time was assigned to me while another worker who was 20 years younger than I was assigned the easier work. I am certain they were trying to create a paper trail to fire me. I retired.
I have a friend who worked at a hospital and she told me that she and others her age over 50 were being targeted to either take a early retirement or fired for what ever reasons. So sorry that you had to go through that.
😢 nO onE wAntS to wOrk aNyMOre 🥺
Some people could say that it is normal since you should have more experience to handle harder problems. It's hard to prove discrimination based on that alone. Often, it's too late to prevent it from happening to us. However, I experienced a similar situation in the past and I acknowledge your statement. In my case some coworkers were assigned duplicate tasks, short tasks or easy tasks, while I was getting trash or very hard tasks that could take days or weeks. Just to put some context, the project was on its fifth year and I had tasks that were created 3 years ago and probably everyone was making sure they did not have to solve it because it was so difficult or long leaving it stagnant or assigning it to people they didn't like so they have a harder time at work. We had group meetings each morning and often we heard people saying they completed dozens of tasks the previous day (sometimes being honest saying they were duplicates) while a few others like me just say we didn't finish our current task and will continue. The team lead was the one controlling tasks distribution and management was only looking at the numbers of tasks completed compared to there high quota and not the content, complexity or results of those tasks or other metrics. It was a toxic workplace with a lot of staff turnover. I left before the end of the project, but when the project was over, on the 10 people at position and still working on it in our team, 3 of them got to stay while the others were "let go". On those 3: the team lead controlling the task, its puppet monkey coworker ass kisser that got the easy tasks and a new person I didn't know. Even the cookie lady was out (the cookie strategy is a political behavior to attract favor by giving compensatory gifts). Basically, the competition on the work floor lead to sabotage and discrimination in order to protect their own jobs instead of doing good. It takes a lot of experience and learning in life to be able to properly manage those kinds of discrimination and situations.
Will documenting examples of being given constant hard tasks in comparison to multiple easy tasks given to others can create a substantial circumstantial evidence?
These videos are great... Watched 5 now and cannot stop. Businesses have a thousand tricks they pull to fire employees because most average employees don't count or matter. One time a supervisor told me I was fired and I left the job ONLY to find out later from a co-worker who called me that ONLY the manager could fire me and the supervisor lied... Supervisor had a grudge against me because I was well liked by all my coworkers and he was jealous. After telling me I was fired he probably lied to the manager and said
"Idk that guy never showed back up at work"...
I am a retired union officer (25 years) and am now a Paralegal working on a Master's (Labor & Employment Law concentration) at ASU O'Connor Law School. I am familiar with the concept of pretext, but have often run into a brick wall in getting my constituents who have been discriminated against to challenge those pretextual issues. The one time someone did make a challenge, it resulted in a favorable $1.25 million jury verdict. The evidence is out there. You just have to dig for it.
Where are you located? Can you represent someone on a contingency if they get a right to sue letter?
Hey man so I was terminated for being falsely accused of theft there is a video that’s shows the whole incident and I even have a printed transactions that proves that I did pay for the item. I was apart of a union but was still terminated. Which at this point it’s in the 3rd step of the grievance. I’ve reached out too multiple law firms which none of them have taken the case. Is this even grounds for any type of lawsuit ?? I’ve left a lot of other details out. What is your opinion on it??
@@christianestrada1671 I would need far more detail than what is here. Is it a railroad case?
@@tomfrederick6083 I worked for kelloggs
What other details would you need?
They lie about why they hire you too. I work in a court, and many secretaries are hired over more qualified applicants. If the decision is questioned, we're told, " She had the right attitude." Translation: she's in my happy hour clique.
I was once fired a week after my Job Coach closed by case because her task was to “make sure I was employed” when I thought it was to help keep me employed. When I first started that job there was literally no management and we were fine. When we got management this one female one was immediately hostile towards me in a passive aggressive sort of way. She was smug when leading me into the back when they fired me claiming the higher ups told them to do it which was a lie. They also tried to get me to sign something which I refused without even reading it.
This is helpful. Yes - “team player” is one of the most common lie.
I work for tech company, I was set up to fail. I got promoted within 3 weeks, my new manager I can see he didn't want a new immigrant to get this new promotion. He then set up a ploy and give me one on one meetings with fear tactics, making me doubt myself and with defamation of heresay and gavee me 3 write-ups very quickly and then warned me about sending me to HR for a PIT then when I talked to the DEI and HR they officially gave me a PIT. I signed, acknowledged it, and email out a rebuttal. Meanwhile, my attorney reached out to them with the intent to sue.
I was harassed by my boss before. When I filed a complaint, he lied to the HR and HR lied to me as well. I decided to leave with conditions (meaning I was able to get a great severance package rather), they compensated me monetarily and they gave me 6 months worth of severance package and pretty good retirement. They also gave me all of my vacation days which was like 4 weeks as a pay. I was surprised to see a good sum of money into my account when I left the company. That was a good surprise. But unfortunately I was quite traumatized and embarrassed as they said all the lies about me that I wasn’t fitting in, a bad worker etc., which is a totally lie all of them actually and I could have taken them to court. Because I had written raving reviews of my performance from people I worked for and with. They also offered me other options too to stay but I didn’t take it. I just took whole bunch of money and left as I couldn’t see myself working for them. The entire ordeal was traumatizing and I decided to travel the world after for a year+.
Anyways the moral of the story is what goes around comes around. They literally made my life living hell for several months. They would send a nasty email on every two weeks Friday after official hours around 5:30 pm or passed 6 pm only for me to find out Friday evening when I checked my email to better serve clients. They ruined several weekends and many holidays. I actually did talk to a lawyer. What they did was absolutely illegal. My lawyers I talked to said we have a case but just didn’t want to pursue it. Just too painful for me, and just wanted to move on. What’s happening to them now? Yeah I found out recently all of their positions got eliminated, around 15 people globally in that huge corporation, only 2 people were offered alternative roles, those two were the ones who were nice to me. Everyone else got eliminated, including the nasty manager who made my life living hell and his manager who bullied me. He was a pure evil. Such nasty individuals. Now I found a great job, 30% pay increase and I can work from home even whenever I wanted. But those people who abused me while I was there? Writing some pathetic sob story on social media that their positions got eliminated. Begging for a job basically. I never understood why they write their sorry a** sob story on social media for the public to see how pathetic they were so their roles were eliminated. They were useless anyways. I felt liberated when I found out about what happened to them. The revenge is best served cold. I’m so glad they decided to keep those two guys who tried their best to help me and got rid of those mediocre guys and the evil management.
Once you " complain " the employer will find any" pretext " to fire you...
Just happened to me
I was laid off and my former employer said it was because I was not understanding the job quick enough. I wrote a bad review on google about a year later after I found a different job because I wanted to let people know that they did me dirty. Shortly after that, I got a letter from EDD saying that they fired me because of misconduct. It is clearly not coincidental that they reported me right after I submitted that comment. I signed no paperwork stating I was being fired nor did they state it verbally the same day they laid me off. This is totally a revenge scheme because of my factual comment on google.
It’s an employers first move to ask for a summary dismissal. Please do a video on how to combat that and actually get a court to hear you, rather than outright dismissal. Thank you.
Summary judgement... You want to show that your employer has omitted, misrepresented, or misunderstood the evidence. Plantiffs should poke as many holes in employer's case as possible, in the hope of raising enough questions about your employer's interpretation of the facts that your judge determines a hearing is needed to address them. This is a giant hurdle, and if you clear it you're in better shape than most. Good luck to all who are at this stage!
This is better then my Law Clerk lectures. Very informative video about labour law.
Thank you for this video! i’m reading my textbook for an HR class I cried because I’m not a lawyer and you make this easy to understand!
Great explanation of pretextual arguments and how to handle them! It's very important to be able to call it out. My employer tried so many of these, and ultimately failed, but if I'd let them trigger me with pretext, I'd have lost.
this video as great as all other videos! thank you so much Branigan!
Keep it coming! I shared your site with family friends and strangers.
Great knowledge of the law your knowledge has helped me in my cases of discrimination if i win my case by myself im headed to school to be a employment lawyer
Seems like employers can get away with a lot with "at will" employment and even more so now that arbitration agreements as a condition of employment are a thing.
I am at the Employee Rebuttal Stage of my EEOC Complaint and live in Texas. The attorney that drafted the Response is only licensed in California, as it is corporate location. I am a Certified Paralegal and worked in litigation for years. I have prepared many a trial and mediation notebook. I am embarrassed for the legal profession at the attorney's response. I have the actual audio that does not remotely align with their malicious, inflammatory, blatantly deceitful Response. It is a very large veterinary corporation and i am able to prove pretext way beyond a preponderance and will keep you updated. Your videos have been so very helpful!! Thank you!!
I've just received my Right To Sue letter in Federal Court.
Once I heard their rebuttal (through CRD) I couldn't believe they actually thought what they did to me was legal! I'll be looking for a wrongful termination attorney here in California soon.
Would you recommend yours? Thank you
We need more people like you
It was in 1974 when I was Chief Shop Steward in a union that I first learned about this concept. When I shared this new found knowledge with our Business Agent, he rolled his eyes and said, "You could never prove anything like that".
Very interesting video.
Last year I was let go through no fault of my own and was told that the company did not reach quarterly goals.
At the beginning of the same month, I had received a pay raise, along with other employees.
Additionally, the day I was let go, my manager had noted positive feedback from a customer that I had worked with.
2 hours after team meeting, I had scheduled meeting with HR, thinking I was going to be promoted, due to recent pay raise an recognition. In fact the opposite happened - I was let go.
😲
Thank you for posting GREAT Video... would you have any videos that discuss right to work States and Employee rights
I was fired from my job today. I was fired a week after they gave me my payday leave and always sent me home early. I was laid off without even getting enough salary to pay my rent. I went to work in the morning. The manager called me to her office and said I was fired. When I asked why, she said I got the wrong order despite no complaints from customers or other staff. In the morning, another new staff member started working in, the wrong power is in the hands of the wrong people. Why everything is not fair?
if your company says: "we let you go because you did not meet expectations"
its a blanket term to not say exactly why to cover there asses
I was asked to resign for applying for a transfer. coincidently, I was asked to resign shortly after having a newborn. I just took the measly severance they were offing and left to work another job.
Oh my gosh you are so amazingly helpful!
Wow thanks . The explanation helped a lot . A little tuff to understand but I get the just of it .
This is good information especially for those in employment .
At bog box stores, I have seen time and time again, that when they want to force you to quit, they 1) decrease your hours to make the cost of getting to work more than what you make in pay.
2) make those hours at odd times, and make it a split schedule.
3) Have you do jobs in the garden center in winter time or in summer when there is extreme heat.
The employee eventually gives in and quits, and the employer doesn't have to pay a dime of unemployment.
How is this kind of harassment legal ?
WOW... This "guy" is...what's the word?....MARVELOUS, not only for his clear instructional language and examples but he adds a flair of emphasis and warnings so that he doesn't cross the line into encouraging fraudulent claims by a dishonest employee.
Say...Mr. Fantastic Labor Lawyer, earnestly said, do you have videos helping EMPLOYERS ferret out fraudulent employee claims and how to defeat or defend against them? Job, decidedly... OK, tremendously well done on your videos!
Outstanding
We need this lawyer in Oregon..
Omg, I am in the exact situation right now. Thank you
Thanks a lot.sir. This was awesome
I was terminated due to the employer not renewing their licenses but the IDPHR office confirmed the license was renewed and mailed out the day before. An I was terminated the same week I filed a claim with the dept of labor
This is so good
My friend was fired over age. The company quickly settled with her. They hired 2 20 year old's for the pay they were paying her. Her attorney proved it and she was paid a settlement. Just sucks that Employers get away with this behavior. My grandmother was one of the first Welders in her company. She finally quit because of all the knuckle dragging Men who made her life miserable. This was in the 70's. The men use to tell her she was taking the job a man could take to support their family. So many Woman before us have fought and scratched their way into the workforce. We all need to pay attention at our jobs and socially to make sure we don't support this type of behavior towards Woman.
Utah is such a right to work state extremist that my previous employer didn't even bother to put any OSHA posters that talk about employee rights .
Sounds like Arizona
@@skg5067 Not true my friend,its the masses don't know civil laws in the workplace...it's not a arizona thing...if you didn't file a arbitration agreement and can literally prove wrong termination,harressment,especially retaliation its not a debate..it's a automatic lawsuit if it can be proven..The problem is the masses doesn't know civil rights laws in the workplace regardless if it's a let go at will state..
Hi so useful all these series video. I haded these job for around a month, then someone of my coworkers kik my on my knee. I made (and call) a report in the police, and the owners where to happy about it. So the next day I arrive at work they remove me from schedule. It has been 2 weeks without any hour at schedule or work.
My question is how can I prove if I'm been fired? How long those it has to be so I can legally know I'm been fired. I'm in the state of nevada
Great info.
Thank you very much.
I wish you were in TN I got fired in October after complaining and couldn't find legal help
Im facing this right now especially after 10 years. I had a temporary seasonal position at a big chain store, never stole, never reprimanded, always worked, on time and after the holidays they just left me off the schedule. I applied to a different location, same position to find out the previous location said I resigned and blacklisted me. How can I quit when this company never scheduled me anymore hours after the holidays.
In Europe, pretextual terminations are impossible to prove because they have a nicely crafted clause that says that the employer can cease the request of your services without being liable and this little clause applies in IT for ALL contract types, permanent or freelance.
Appreciate it 🇺🇸
I am 33 wk pregnant been with company 5yrs . I went to my supervisor for an issue my hr already knew about a month prior to taking said employee of layoff to put her on the same shift ,same department , and had me training her . She wasn't following dress policy it was distractions andi was tired of hearing about it. As a quality tech we were getting called to the lines for bulshit reasons example of distraction. Being 32 wks pregnant with 4th child it was getting annoying a day later I was fired
Brandon would you please explain Lawson v. PPG, 2022. McDonald Douglas is no longer the Defacto Standard for Retaliation Cases
in California.
Mine is so easy.
I have all of the Facebook Messages. She contacted me. She asked me questions. I blocked her.
They said they fired me because she told me to stop contacting her. It is a HUGE lie and I can prove she never once said stop contacting me. She kept writing me. The questions they asked me were all about my religion. My case is so clear:
all excellent dialog save for "the salesman knows defective tires" (emotive aplenty). How does a salesman know if tires defective? All the examples for why people are fired have their negative/180° opposite for why "special employees" are retained. If workers labor as a crew, then the total production divided by hours can only be increased by prodding the more productive individuals in crew. Greatfully retired before/start of cell phones; employer call at night for tech advice unneeded to next day. Land-line phone had "custom ring" service where it ring 2 different tones; call all night boss/salesman.
Great video
I’m looking for a informative video about the lack of predictive scheduling. In a few of my positions weeks or months went by where i was just expected to work the same shift, as before the schedule was absent. But within that time I had made good faith effort to attempt to either ask for a new work week availability. With as you may have guessed, no response. So a couple weeks later I offered to make the schedule for my employer, (attempting to be proactive) again without response.
At a certain point I had just concluded for myself that this employer simply didnt value any kind of unspoken agreement about a predictive schedule or have enough respect for their employees time(worklife/balance) to communicate the needs of the business to employees.
Unfortunately I’m in Alaska so its likely that pursuing something with the labor board would be fruitless. However I do wonder what some employers expect whilst there is no stability or no longer anything in writing that solidify the agreements made of expectations (like when you’re expected to be working or not).
When we sign an employment contract is it not based off the availability we have agreed to in the terms of the contract at DOH? Typically I was a workaholic so I didn’t notice right away but dawned on me about mid June that I hadnt seen a schedule since the first few days of April.
A part from my home life going a wreck, missing time with family, and other obligations. On top of this the SM claims it’s “job abandonment” because I didn’t come in for a week or two. Apparently they can’t afford to have me gone so long but also can’t be bothered to provide a schedule to allow the employees the proper time to tend their respective home lives.
I was forced to resign at my job over two years ago. I was made to choose between force resignation or termination. So I picked force termination because I thought that sound and look better on my employment record. Employer claims that I was cheating with hours, where I’ve seen many of my coworkers in the break room earlier or pass the break time and in between. And yet because of this one supervisor, I was selected to be the only one investigated. I live in Hawaii, what’s the statue of limitations here? It’s so hard to determine which category I fall under.
Just had a similar situation.
Ive been fired for abandonment even though i contacted them about my lungs and health issues. They were also told that my doc don't want me to work ! Do i need a lawyer?
Good stuff..
You know what’s funny I had an email from my employer which details why I was terminated word for word this email matches the NJ Cepa still can’t find a suite in NJ to represent me but my company didn’t have any trouble finding one
After doing my duty defined by Nursing laws and protecting patients getting injured in workplace rather than ignoring them and then verbally and in a typed letter after consulting with an Attorney, Opposing male Supervisor Sexual Harrassment of unwanted touching, massaging, rubbing, grabbing, hitting and bruising me in workplace, employer who had offered me the employment, denied me full time employment, later ANY employment and gave other employers that did not hire me unjustified negative references even though employer had never given me any negative performance reviews and I had never been fired anywhere in my life.
Was unable to get employment even after getting my Bachelor Degree and with many years of Nursing work experience.
My marriage of nineteen years ended, courts placed children with their father who had employment, family gone, home and property gone and was forced homeless. Family no longer together as family. Children not with mother or father anymore and have no family and are in Counseling. While homeless living outside on ground and at various homeless shelters continued trying to get RN employment up until filing Retaliation Charge with EEOC that mishandled Charge and gave me Right To Sue letter. Proved to EEOC they mishandled Charge and they will not respond and reopen Charge that their own Regulations require them reopen after proving they mishandled it with wording contrary to facts. Congress ordered investigation into EEOC that is not handling people's Charges properly. After receiving Right To Sue letter have requested Attorneys represent me and none have. Have been denied Due Process getting represented and reimbursement and damage money owed. Creditors never got paid. Student Loan never repaid. Forced onto taxpayer funded food stamps. Got taxpayer funded Medicaid Insurance when Lead water at homeless shelter that EPA and PADEP were not water inspecting, even though they were required to water inspect with more than 25 people of the public living there, caused injuries.
How are you doing now? Did you ever find an attorney ?
I Got Fired From Walmart After Asking For A Work Accommodation For An Injury I Had Prior Working For Them & Also Complaining About A Supervisors Behavior Far As Using Profanity & Being Physical With Other Employees..So He's Says Let's Go To My Office & In My Mind, I'm Think He's Going To Give Me Paperwork For A Formal Complaint & Also To Discuss Reasonable Work Accommodations & Then Outta Nowhere, He Says My Performance Is Bad & I'm Fired. Soo It's Almost An Hour Into My Shift & He's Seen Me Multiple Times & Had Plenty Of Chances To Pull Me In His Office To Discuss My "Performance" But Only Did So After Me Speaking To Him First About My Work Needs...I Could Be Wrong But I Definitely Feel Like I Was Wrongfully Terminated Smh
It’s creepy in Minnesota , they where doing that to people and then wouldn’t even let you say their name and would say, they are gone we aren’t allowed to say, even about teachers and hairstylists..they just disappeared.
The only way to get the truth OUT THERE is to get the truth out there. Tell your story. You may think you lose leverage this way, but don't kid yourself, you have no leverage. That's why they felt comfortable firing you. Tell your story. They're too arrogant to believe you will tell on them. Someone may eventually listen (even the EEOC has to take a few cases). It's not slander if it's true. It's not libel if it's true.
I was fired for refusing to do unsafe work and reporting this to ther HR, they said, it was he say, she say, but lo and behold I got them on camera doing the unsafe job that they told me I had to do. So they fired me in retaliation because I called them out for it.
I was in an interview and I told the interviewer that I'm a recovering drug addict and I'm on social security they had a part-time employment available and I asked for that then I got a message saying they are not going to hire me because I'm not a proper fit then they came up with all these other reasons why they're not hiring me and did not say nothing about my disability and now they're claiming that I never did say that was like why would I ask for a part-time job if I didn't want to lose my social security this is just ridiculous yes I contacted the EEOC yet to get an attorney
While I did not get fired, I found out when I applied for a new job, my old job told a whole lot of lies!! The HR person had a personal grudge and spilled his guts, to which my new employer instantly saw a red flag and called me to see what the heck was going on.
I bet the HR lady told them all about your shenanigans.
@@hxhdfjifzirstc894 lol. Cute
That is actually a crime under California Labor Code 1050!
I think You actually can sue your prior employer for disparaging you to your new employer.
What if this happened to me at a Wendy's and I have a year of text proof and other stuff and proof they threatened me to keep me quiet until the EEOC deadline was gone. Will you take my case
If you are not fired, but you're work assignments and work hours are changed, and you're given an inaccurate and negative evaluation after having complained about company policy being violated, this all applies the same, right?
Great video!
I have a DOL case involving pretext, covert invasion of privacy and wrongful termination. I wish i had found your firm earlier and contacted your intake on Thursday. I need advice by Monday morning. Please help!!! How do I discuss settlement!!!!!
good luck with your case
All the time they need to cut employees due to low sales and bad administration! All of them got this practice even if it takes sabotage to get a tough employee out.
They are using all these steps to set something concrete on my character and reputation.
So if your at an at will state and they just tell you its performance reasons meanwhile you have had 0 write ups, praise from managers, in writing statements indicating you are meeting or exceeding expectations, can you still sue?
That idea worth alot of money
Parnter
Be Advised Scott Sullivan, State Of Indiana.
How do you show proof in those areas if say you refuse to take food out to a table that you know someone touched or it was on the floor or a roach crawled across it? Yes people this does happen in restaurants all the time.
I need an employee lawyer in Ark! Last 6 mos I documented and recorded everyday. 17 yrs with my employer and was let go same wk I filed complaint to hr and eeoc. Recorded mgr threatening me 2 take another fmla day or I will be fired. 1st time ever, I was written up for using 8 sick days in 6 mos. All were fmla days and one was a employee given day we get every yr. Im a caregiver to my dad who's in hospice. Ton of laws broken & I saved everything even hr statn mgr was in violation of company policy 😢😢
My employer has been harassing me for months now. Thankfully I have a union but I actually recently went to the nlrb for additional help.
Currently going with the process… employers fired but now stating I quit
You keep making reference in this video to the employee being "fired" But what about if the employer calls it a "lay off" My understanding is that regardless if it's a "firing", "layoff" or even if the employee quits, the employer can still be sued for wrongful termination. But specifically regarding this video, does the content still apply to employees being "laid off"?
Excellent question. Under the law, a "layoff" is treated exactly the same as a "firing" or "termination." It's a little more difficult to file a wrongful termination case when the employee quits, however. That would need to be considered a constructive termination, which is much more difficult to prove under CA law. Not impossible, but it won't work in most cases.
Communication Workers of America labor union in New Jersey has received many griviencies over the years in regards to this timely topic. Guess what telecommunications company in NEW JERSEY has created these debacles?
What if I was fired for poor performance, not a team player. But I have copies of my performance reviews being all satisfactory. And logs of my production?
I've never even been written up.
It just didn't make sense to me. I know it had to be another reason I got fired.
How about Conspiered against, in pursuite of wrongful termination due to not being able to comply with job work overload. Only person for carpentry department with 201 open work orders 🤔
What if I have paystubs showing I wasn't getting overtime while I kept the stubs. And I had the intuition to film my firing in which they even say I got fired for overtime I was forced to get. On the schedule
I have film of him saying I was warned
Basically he'd been doing this for a year!
Is this smoking gun? Is this public policy
Just wanted to say that I have had several fake fired and I knew that I didn’t do what I was accused of. I’m being targeted by Abuse by Proxy and I have no idea why I just know that this is indeed happening intentionally.
Is there a statute of limitations ?
Can an Employer/Company Refused to Provide All documents pretaining to show there Finding of how they came up with Insubordination and Unprofessional in order for an Employee to have a Fair Chance to Respond in an Appeal. As well shouldn't the Employee know who's the Investigator who was supposed to have did the Investigation. And isn't All Documents Pretaining Investigation Considered as Public Records
No, they don't... I agree, doesn't seem very fair, does it?
Can my employer change or remove past disciplinary documents that show i was retaliated against?
By remove do you mean destroy? Or do you mean remove from your file? Do you have a copy of those documents?
My EEOC charge is in the Investigation Stage...I would like to know if you can represent me if Conciliation fails.
You can request your notice of rights to sue letter at any time. EEOC isn't the most helpful, it's just a step you have to take before you can officially sue your former employer. I feel like they only take the cases that are cut and dry with direct evidence that doesn't require a ton of work. I would request your letter if they haven't already mailed it to you and start looking for an employment lawyer.
@@nissan_skyline ...truly said..the EEOC did not find any evidence of discrimination in my charge and issued me a Right to Sue...however I was not able to secure an attorney to go ahead as they were not keen to take up my case. As of now, I have moved on and let Karma do the the rest :) ;) Thanks for your comment :D
@@purple6932 Same here.. EEOC didn’t find anything during their “investigation”, which I doubt they thoroughly conducted. Frustrating cause I literally had direct evidence proving pre-text via letters and text message. I also couldn’t find an attorney in time so ended up filing pro se initially to give me more time to search for one and I must say, I’m pretty damn proud of the lawsuit I put together lol. I stayed up for like, 3-5 days straight researching case files and watching these videos to prepare my case. Even had an attorney question if I had professional help lol. Maybe if the statutes of limitations hasn’t run on your case, you can try re-visiting to see if it’s worth something 🤷🏻♀️
@@nissan_skyline ... I felt that I was the only one who feels that the investigation into my charge was done properly, considering its the EEOC job profile. Im really happy that you could take up the Charge with an Attorney and seems like you could have been an Attorney yourself, given the amount of Research and study you've done :) Since Im from India and working at Sea (Im a Marine Electrical Technical Officer), I dont think I can pursue my Charge any further...Rest Assured...I know that Karma will eventually catch up with them and those responsible get what they deserve :D
@@nissan_skyline may I ask what the status of your case is now? Were you retaliated against resulting in termination?
I get it but are you trying to get them their job back? Why would you want to go back to that work enviroment
Understand....this is the norm. With "some" companies.
What if they say u failed a reasonable suspicion drug test that the lab swears you didn't fail? Does that not matter bcs it isn't one of the legal examples or whatever?
If you get termination with lies, when they give you your termination letter sign by HR. Can you take HR to court for defamation? Not the employer the person who wrote the letter and signed.
Is this for NYC employment law your pertaining?
@@kaywrld6707 nope california
Need to hear the answer to this one.
How do we find cases for FMLA like citing cases?
Cummins Allison in Mount Prospect IL 60056 said I was fired for insubordination. I wouldn't falsify preventative maintenance tickets to rip off their own customers, So in essence is that insubordination ?
Hidden facts in Delaware field service.
What happens if you are fired with no reason, explanation or hearing?
I was fired and then my boss told everyone she fired me because I was a drug dealer and I've never sold drugs in my life
I definitely have a bad attorney 🤦♂️ I screw
Do you take case if currently have a attorney to switch
I got fired in a week for no reason they just told me I wasn’t learning. How can they determine this reason in just a week? Reason 1- not engage. I have over 30 pages of notes and learn all their systems in 3 days. Reason 2- take to many bathroom brakes? Probably go to the restroom 3 times as I work a 11 hour shift daily and have no lunch time I have to eat working. I never got fired I was working for 15 years in a company and resigned to go to this new company and a new opportunity and I got fired in a week! Makes no sense.
That sucks, I'm sorry to hear that.