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Azrael
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27810130 27810130   kennkurr  
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The joys of layoffs (non-CH)
« on: Jun 6th, 2004, 7:44pm »
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Ya know... Knowing that you're about to be layed off isn't the worse thing (even though that whole no job thing can possibly be a bit depressing).  The worse thing is when your employer is attempting to fire everyone before the lay off to prevent anyone from collecting unemployment.  
 
The company I work for has specific policies for disciplining their employees called step counseling. Under normal circumstances, an employee would receive warnings prior to being terminated for violations such as absences, tardies, and so on.  But now that we are about to be layed off, they have suspended all step counseling procedures for everyone on my project.  People who are rarely ever absent or late are being immediately termed if they so much as show up 5 minutes late.
 
As if this isn’t bad enough… People who have been on intermittent FMLA, like me, are truly in dire straits.  Any violation of policy, including absences or tardies, no matter how minor, will be termed for willful misconduct.  Hell… I wouldn’t be surprised if they term me for not making quota last month.  Fun, fun, fun ‘eh?
 
At least many of the people I work with can have hope that they’ll be able to transfer to another project and avoid the lay off, but management has already hinted that people on FMLA will not even be considered for transfer.  Gotta love when ya get punished for your disabilities ‘eh?  And here I thought there were laws to protect people from this sort of conduct in America.  Of course, it doesn’t help that this is a right to work state.  You have the right to work, but your employer has the right to screw you over as often as possible.  C’est la vie.
 
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27810130 27810130   kennkurr  
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Re: The joys of layoffs (non-CH)
« Reply #1 on: Jun 6th, 2004, 7:46pm »
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Oh... And I forgot to mention the best part... Now they're complaining that morale is low... LOL
 
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Re: The joys of layoffs (non-CH)
« Reply #2 on: Jun 6th, 2004, 8:57pm »
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No chance of lining them up for a pre-emptive round of harrassment, discrimination, ethics violations, overbilling clients, or some other such trumped up charges, is there?
 
Best of luck,
Rock
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Re: The joys of layoffs (non-CH)
« Reply #3 on: Jun 6th, 2004, 9:20pm »
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Oh the joys of business!!  Roll Eyes Drk sorry all this coming down on ya hun. Got the vibes and prayers going for ya and for the family at home.
Good luck, Leesa  
 
PS: I hate this kinda chit!!!  Angry
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Re: The joys of layoffs (non-CH)
« Reply #4 on: Jun 6th, 2004, 9:20pm »
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If you can show that they are purposly laying off people with disabilities or because they have used FMLA, you DO have a legal leg to stand on.  
 
I live in a right-to-work state too, and I know that you can be let go and they don't have to even give you a reason, but when disabilities are in the picture, it is discrimination and they can be sued and fined for that.
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Re: The joys of layoffs (non-CH)
« Reply #5 on: Jun 6th, 2004, 9:40pm »
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Dark, I gotta agree with Donna H on this one.  I knew I was being laid off a year before it came (this past January).  I was on FLMA and they did not dare screw with me.  The law protects you once you file for FLMA.  Don't let them get to you !!!!!!!  Just hang tough and appreciate the break they are gonna give you.  I am.  Haven't worked since January and am really grateful for the break.
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Re: The joys of layoffs (non-CH)
« Reply #6 on: Jun 6th, 2004, 10:51pm »
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Talk to the labor board.  It is true, they are pretty screwed if they term you or others for minor issues. Do you still have your employee handbook that shows the step counselling?  They have to follow that policy.  If you are termed without the steps being followed they are really in a shot hole and they know it.  That could be why they are letting it slip that people whith FMLA will not be comsidered . to try and get some people to leave on thier own.  You do have things that can help you. Just document everything and talk to someone.  
 
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Re: The joys of layoffs (non-CH)
« Reply #7 on: Jun 6th, 2004, 10:55pm »
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DRK,
  That's what unions are for, to protect the worker from the employee. If an employer tried to fire me instead of a layoff, they would have to have a real reason, and if it is bad enough the union would bring up charges against me. If they don't like me they have no choice but to lay me off and let me collect, but they can black list anyone they don't want to hire again. I know a lot of unions and locals are bad, and some are so big you are just a number, but they protection you get is a great benifit.
 
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Re: The joys of layoffs (non-CH)
« Reply #8 on: Jun 7th, 2004, 10:50am »
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Dark
 
Use That FMLA baby for every thing!!! Is it for your headaches?  If So You are  late cause you had a headache and at two AM or when ever.  Also  any BS is sure grounds for a talk to an attorney.  A REAL BLOOD SUCKING type!!!
 
Good Luck  
 
Good Vibes
 
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Re: The joys of layoffs (non-CH)
« Reply #9 on: Jun 7th, 2004, 10:56am »
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Dark I am so sorry man. I got layed off too three weeks ago.
My question is does any one know...does it cost your ex employer when you claim unemployment, and if so how much does it cost them? It must do if your employers are going to such lengths to stop people from claiming it.
All the best
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Re: The joys of layoffs (non-CH)
« Reply #10 on: Jun 7th, 2004, 11:00am »
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I've been through this crap before.  
 
I got screwed by a company named International Mill Service when they were trying to cut expenses and thin out the herd a little bit.
 
They did the exact same thing. They started laying people off and then decided to start finding reasons to fire them instead.
 
It's time to hire a lawyer and get your employer to do some explaining.
 
I wish I was a lawyer. I'd take the case for free.
 
BTW Drk^Angel....Who do you work for???
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Re: The joys of layoffs (non-CH)
« Reply #11 on: Jun 7th, 2004, 11:01am »
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Yo DRK...
 
  I feel your pain bro...its a b*tch, My former company went bankrupt and just stopped nation-wide operations all together with a phone call one day. I still havent gotten paid for my last week of work and the Labor board just sent the second letter to me stating that the company is not responding to their attempts to collect my pay...I can only pray that the bankrupcy court will make em pay my vacation time and last week of pay.
  In any event these people are right....what they are doing is waaaaaay Illegal, especially to those with disabilities (such as yourself) I would definately make sure that they knew you weren't going to take it lying down. Contact any good business attorney.
 
 Hope things work out better for you than they have for me so far.
 
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Re: The joys of layoffs (non-CH)
« Reply #12 on: Jun 7th, 2004, 11:35am »
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Drk,
Your company reminds me of the guy that killed his parents and asked for mercy because he was an orphan. Low morale indeed.
Back when I was racing the rats, when I was hourly I had the protection of a union. Tho I never needed it there was one totally useless individual that, try as they might, the company could not fire him. He was caught many times using company resources for personal use, security violations and insubordination. Every time they fired him the union got him back, and with back pay. And he wasn't even a member! Just an example of what a union can do, even in FL where unions are much weaker than in PA.
Best of luck.
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Re: The joys of layoffs (non-CH)
« Reply #13 on: Jun 7th, 2004, 12:55pm »
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"The beatings will continue until morale improves" smokin
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Re: The joys of layoffs (non-CH)
« Reply #14 on: Jun 7th, 2004, 12:58pm »
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Nothing like "Layoff", "Right Sizing", "Down Sizing", "Unity Measures" and "Labor Force Stability" to increase the morale of a work force. Angry
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Re: The joys of layoffs (non-CH)
« Reply #15 on: Jun 7th, 2004, 1:58pm »
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Jayne, my understanding of how unemployment works is that a company is "assessed" a rating based on the number of employees they have laid off in the past.  Their % goes up with the more layoffs ... that is what the total $ amount they need to pay is based on.  So a seasonal company who lays off every year through the winter would be paying a higher rate than a company that doesn't do that.  A company on the aggressive side of buyouts, laying off lots of people, would have a high rate as well.  The higher the layoff rates, the higher the duckets they pay.  I hope my company gets a bill so big it puts them  UNDER !!!!!  
 
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Re: The joys of layoffs (non-CH)
« Reply #16 on: Jun 7th, 2004, 9:12pm »
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Sounds pretty schittie to me.  
 
You know, there was a time about 25 years ago when I thought that maybe a way out of stagflation and our other economic woes was to let the robber barons have another shot at our businesses.  
 
I take it back. Look at what they are trying to do. It's hard for me to understand.  
 
Gonna vote Socialist  Shocked
 
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Re: The joys of layoffs (non-CH)
« Reply #17 on: Jun 7th, 2004, 9:39pm »
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I feel your pain, bro.  Oklahoma is not just a right to work state, it is an "At Will" state.  That means you can quit at any time with or without reason and the company can fire you at any time with or without reason.  They can just walk up to you and tell you to pack your shit.  The company I work for picked up on that real good.  They have separate policies and procedures manuals for the different states they do business in.  They made sure to cover their butts and reflect the state's policy on hiring and firing.  I have worked more than one job here where they made no bones about it either.
 
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Re: The joys of layoffs (non-CH)
« Reply #18 on: Jun 7th, 2004, 9:58pm »
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The FMLA is your saving grace . . .that's the one that can get your boss in trouble . . .if they fire you SCREAM discrimination . . .I also think (not sure about this part) that you can't be laid off while on FMLA . . .I never worked with anyone on a lay-off issue, but I'm sure of the firing issue . .. It's worth checking into?
*positive light and energy*
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Re: The joys of layoffs (non-CH)
« Reply #19 on: Jun 8th, 2004, 11:06pm »
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PA is an at will state too, but most employers here will find a reason so that you can't collect unemployment.  I was told that there's a loop-hole in FMLA that permits your employer to fire you if you take more than 7 FMLA days in a month.  Dunno if it's true or not, but I don't plan to miss any werk anyways (need all the pay I can get before 7/30  Tongue)  And unfortunately, my employer's policies permit managers to make exceptions to the step counseling process, so they can fire anyone during any stage of the process.  They still haven't got me yet though.  Muhahaha!!  LOL
 
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PS... One of the departments I werk in was shipped off today, so now I have less werk to do... Won't be too long before they have me answering phones... I'll use it as time to practice for my next job... "And would you like fries with that?"  Tongue
 
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Re: The joys of layoffs (non-CH)
« Reply #20 on: Jun 8th, 2004, 11:15pm »
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I have been (still) laid off myself.
I can relate all too well to
Odd Todd.   Sad
 
 
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« Last Edit: Jun 8th, 2004, 11:16pm by KingOfPain » IP Logged

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Re: The joys of layoffs (non-CH)
« Reply #21 on: Jun 9th, 2004, 9:21am »
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That was an intertaining way to spend a few minutes.  Thanks KOP
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Re: The joys of layoffs (non-CH)
« Reply #22 on: Jun 10th, 2004, 4:21am »
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Very cool  KOP.  I can definitely relate.  Undecided
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Re: The joys of layoffs (non-CH)
« Reply #23 on: Jun 10th, 2004, 9:27am »
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Hey Dark, Miapet might be right about the FMLA.  I know they can't lay off anyone who is on disability.  Intermitent FMLA might be a different story but it would be worth checking in to.  
 
Good luck, and yes, I'll take the fries with that !
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Re: The joys of layoffs (non-CH)
« Reply #24 on: Jun 10th, 2004, 8:55pm »
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I got put on Medical Leave & Short Term Disability Feb 3.  I got a letter today saying my FMLA was up in April, but they had given me a 30 day extension on my medical leave and if I didn't go back to work by 6-01-04 they would consider me to have voluntarily resigned.  Today's the 10th.  Basically, I quit 9 days ago and didn't know it.  They are the ones who put me on medical leave and would not let me come back until I got this shit under control.  Well, it's still not under control.  I still have at least 2 attacks during the time when I would normally be working. They don't want me there having these attacks.
 
I guess I'm going to be talking to a lawyer to see if they can do this.  I did not quit.  I offered to continue working, even to work a different job at a lower pay.  They fired me.
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