• Register
  • TOS
  • Privacy
  • @NeoGAF
  • Like

Long story short: I was promoted to a position as a result of a long-time company employee electing to retire, but apparently that same person misses "having something to do" and has asked the boss to be reinstated. This created a dilemma for our boss since there was already someone (me) occupying that same position. However, it seems that it wasn't much of a problem after all since the other guy undercut me (offered to take lesser pay than what I was getting), and plus they're fucking golf buddies.

I can't go back to my old position, since that department and all its responsibilities have been given to a sub-contracter. Doesn't help that the company is sinking harder than the Titanic.

I've submitted my resume to careerbuilder and I'm looking through Washington Post jobs section online, but are there any other avenues I can explore? Should I file for unemployment now or wait until I'm between work?
Weenerz
Banned
(07-29-2008, 04:07 PM)
Weenerz's Avatar
You should speak to a lawyer or something, sounds a bit fishy to me.
DJ_Tet
Banned
(07-29-2008, 04:09 PM)
DJ_Tet's Avatar
Funny how just one word, off, can change the whole tone and meaning of a sentence.


Dude, I just got laid!



Dude, I just got laid off!
Instigator
Banned
(07-29-2008, 04:09 PM)
Instigator's Avatar
Lucky you, you get time off in August.
Slo
Call 911!
(07-29-2008, 04:09 PM)
Slo's Avatar
Is your name Aaron Rogers?
jett
D-Member
(07-29-2008, 04:10 PM)
jett's Avatar
Hope you got some decently-sized compensation, otherwise it's suing time!
Cloudy
Banned
(07-29-2008, 04:11 PM)
Cloudy's Avatar

Originally Posted by Slo

Is your name Aaron Rogers?

:lol
funkmastergeneral
Banned
(07-29-2008, 04:11 PM)
funkmastergeneral's Avatar

Originally Posted by Slo

Is your name Aaron Rogers?

Well played :lol
"God's Beard!"
(07-29-2008, 04:11 PM)
"God's Beard!"'s Avatar

Originally Posted by Weenerz

You should speak to a lawyer or something, sounds a bit fishy to me.

yeah, can they do that?
travisbickle
(07-29-2008, 04:15 PM)
travisbickle's Avatar

Originally Posted by NintendosBooger

Should I file for unemployment now or wait until I'm between work?

Don't know what it's like in America, but about a year ago I got laid off on a Monday morning, walked out of the office and down to the job centre tried to sign on they asked when I was made redundant I said about 2 hours ago, they told me to come back in 24hrs.

Also I agree with the other guys you can't just get rid of someone because your mate doesn't like the fact he left.
blahness
Member
(07-29-2008, 04:29 PM)
blahness's Avatar

Originally Posted by NintendosBooger

Long story short: I was promoted to a position as a result of a long-time company employee electing to retire, but apparently that same person misses "having something to do" and has asked the boss to be reinstated. This created a dilemma for our boss since there was already someone (me) occupying that same position. However, it seems that it wasn't much of a problem after all since the other guy undercut me (offered to take lesser pay than what I was getting), and plus they're fucking golf buddies.

I can't go back to my old position, since that department and all its responsibilities have been given to a sub-contracter. Doesn't help that the company is sinking harder than the Titanic.

I've submitted my resume to careerbuilder and I'm looking through Washington Post jobs section online, but are there any other avenues I can explore? Should I file for unemployment now or wait until I'm between work?

what kind of work do you do?
FnordChan
FnordChan
(07-29-2008, 04:31 PM)
FnordChan's Avatar
I'd talk to someone about the cause of your layoff as well. If you haven't already called a lawyer (or don't want to), perhaps the DC Department of Employment Services could point you in the right direction? Either way, they'll be the folks to check with about unemployment benefits which, having been laid off through no fault of your own, you should be eligible for. That said, sounds like you've got a solid complaint against these folks, especially if you have anything in writing that explains the nebulous circumstances of your layoff.

FnordChan
Az
Member
(07-29-2008, 04:32 PM)
Az's Avatar
If I was you, I would look more into this the legal way. Something is fishy
DeaconKnowledge
Member
(07-29-2008, 04:33 PM)
DeaconKnowledge's Avatar

Originally Posted by Slo

Is your name Aaron Rogers?

:lol
lil smoke
Banned
(07-29-2008, 04:35 PM)
Take the severance, and find a job where they treat employees better.
maynerd
Banned
(07-29-2008, 04:36 PM)
You can't file for unemployment until you are unemployed. You should file the day you walk out the door though.
Dark Octave
Banned
(07-29-2008, 04:41 PM)
Dark Octave's Avatar
Don't forget to knock over a shelf or watercooler on your way out the door.

And slam that bitch.
Jamesfrom818
Banned
(07-29-2008, 04:43 PM)
Jamesfrom818's Avatar

Originally Posted by Slo

Is your name Aaron Rogers?

:lol

I feel sorry for the kid. First the draft and now this
whytemyke
Honorary Canadian.
(07-29-2008, 04:50 PM)
whytemyke's Avatar
you should be able to draw unemployment for a period of time, while you're looking for a new job.
Well, the thing is they've been letting go of people left and right recently as a result of lost contracts and diminished revenue, so it would be hard for me to prove that my dismissal is a special or isolated incident. Fuck this place, anyway. I'll never forget when one of my former co-workers stormed out of the boss's office and referred to him loudly as "nothing but a pimp in a suit" before marching out the front door.

I'm going to explore some options, probably apply to jobs that actually interest me as opposed to focusing exclusively on the bottom line for once.
Cheeto
Member
(07-29-2008, 04:53 PM)
Cheeto's Avatar
No serverence?

Originally Posted by Cheeto

No serverence?

Just 401k and some unused sick/vacation hours that won't amount to shit since I'll probably be using them to attend job interviews during the course of these next two weeks.
Dark Octave
Banned
(07-29-2008, 04:57 PM)
Dark Octave's Avatar

Originally Posted by NintendosBooger

Well, the thing is they've been letting go of people left and right recently as a result of lost contracts and diminished revenue, so it would be hard for me to prove that my dismissal is a special or isolated incident. Fuck this place, anyway. I'll never forget when one of my former co-workers stormed out of the boss's office and referred to him loudly as "nothing but a pimp in a suit" before marching out the front door.

I'm going to explore some options, probably apply to jobs that actually interest me as opposed to focusing exclusively on the bottom line for once.

Promise me you'll throw something on the floor.
maynerd
Banned
(07-29-2008, 04:58 PM)
Be sure to take the next two weeks to look for a new job on their dime.
besada
#NotMyAmerica
(07-29-2008, 05:00 PM)
besada's Avatar
File for unemployment as soon as you're officially laid off. Takes 2-3 weeks before you see a penny. Layoffs automatically qualify for unemployment, and so do terminations without cause, so you should be covered.

Don't know about your locality's laws regarding right to work, but in most states being replaced by someone who makes less isn't a cause for a lawsuit, even if nepotism is involved. There are very few real protections in the workplace.

In finding a job, careerbuilder and resume sites are good for an outside chance, but networking is where it's at. Tell everyone you've ever met what you're looking for. Even people you don't like. Most people get their jobs through people they know, not blind interviews. If you don't know many people, your local unemployment office will have networking get togethers. Time consuming and irritating, but you'd be surprised how effective they are.

Originally Posted by Dark Octave

Promise me you'll throw something on the floor.

I'm a GAF member. I'll promise to do something that will make this place proud without severely jeopardizing my future.
mac
Banned
(07-29-2008, 05:03 PM)
mac's Avatar

Originally Posted by lil smoke

Take the severance, and find a job where they treat employees better.

I concur. I was laid off when my boss hired too many people. I kind of understand it because two guys moved across the country and the other he poached from the rival business. I thought maybe he wanted me to fight for my job but I realized I'd rather not work for someone who did that to me.

Is this really the workplace and the career you want to get in a legal fight for?
Bluecondor
Member
(07-29-2008, 05:09 PM)
Bluecondor's Avatar
Ya - you are going to have a hard time with any kind if wrongful termination suit because DC courts have upheld employment-at-will (here is the Wikipedia definition):

"At-will employment is a doctrine of American law that defines an employment relationship in which either party can break the relationship with no liability provided there was no express contract for a definite term governing the employment relationship and that the employer does not belong to a collective bargain (i.e. a union). Under this legal doctrine:

“ any hiring is presumed to be "at will"; that is, the employer is free to discharge individuals "for good cause, or bad cause, or no cause at all," and the employee is equally free to quit, strike, or otherwise cease work.[1] ”

Several exceptions to the doctrine exist, especially if unlawful discrimination is involved regarding the termination of an employee (this is a type of "public policy exception", since it is a violation of federal laws in EEO).

DC does have an "implied contract" exception, but if you read the definition and apply it to your case, it would be a tough case for you to make:

"Under the implied contract exception, an employer may not fire an employee "when an implied contract is formed between an employer and employee, even though no express, written instrument regarding the employment relationship exists."[9] Proving the terms of an implied contract is often difficult, and the burden of proof is on the fired employee. Implied employment contracts are most often found when an employer's personnel policies or handbooks indicate that an employee will not be fired except for good cause or specify a process for firing. If the employer fires the employee in violation of an implied employment contract, the employer may be found liable for breach of contract."

I would think that your best shot here would be if your employer has a strong record of following a personnel policy or handbook with a detailed process for termination. Of course, if it is a small company with a small number of employees, there is much less to go on. And, you also have the challenge that the employee who is replacing you has a lot of experience (and thus, it will be hard for you to demonstrate that there is no cause whatsoever for your employer to choose him over you in terms of pure qualifications and experience).

If you were working in one of the "good faith and fair dealing" exception states (Alabama, Alaska, Arizona, California, Delaware, Idaho, Massachussetts, Montana, Nevada, Utah and Wyoming), you would probably have a case. "Just cause" is the basic standard that labor unions typically push for in their labor contracts (and has been adopted by a few states).

"In the workplace, Just Cause is a burden of proof or standard that an employer must meet to justify discipline or discharge. Just Cause usually refers to a violation of a company policy or rule. In some cases, an employee may commit an act that is not specifically addressed within the employers policies but one of which the employer believes warrants discipline or discharge. In such instances, the employer must be confident that he can defend his decision."

So - if DC was a "just cause" state, your employer would have to prove that you committed policy or rule violations in order to terminate you. But, DC is unfortunately not one of the states that grants just cause exceptions.
_Xenon_
Banned
(07-29-2008, 05:10 PM)
_Xenon_'s Avatar

Originally Posted by NintendosBooger

I'm a GAF member. I'll promise to do something that will make this place proud without severely jeopardizing my future.

You're the man. /clap clap

BTW, 401k is a pretty big number for severance so it's not that bad I guess.
lil smoke
Banned
(07-29-2008, 05:11 PM)

Originally Posted by mac

I concur. I was laid off when my boss hired too many people. I kind of understand it because two guys moved across the country and the other he poached from the rival business. I thought maybe he wanted me to fight for my job but I realized I'd rather not work for someone who did that to me.

Is this really the workplace and the career you want to get in a legal fight for?

Looks like he doesn't even get severance, which I don't like. This means they can throw your ass out in the cold, without any compensation for the years of work you put in.

Originally Posted by _Xenon_

You're the man. /clap clap

BTW, 401k is a pretty big number for severance so it's not that bad I guess.

:lol :lol Shit, I should quit and start taking jobs just for the 401K plans... and quit!
jakncoke
Banned
(07-29-2008, 05:12 PM)
jakncoke's Avatar

Originally Posted by Slo

Is your name Aaron Rogers?

:lol
Bluecondor
Member
(07-29-2008, 05:13 PM)
Bluecondor's Avatar

Originally Posted by lil smoke

Take the severance, and find a job where they treat employees better.

This honestly is the best use of your time and effort. If your employer is going down the drain, why spend the time and money to try and get reinstated in a poorly performing company? Beyond that - can you imagine the hostile environment you would have to endure if you sued to get your job back?

It sounds like your employer is really hurting if he is making key personnel decisions based solely on saving a few grand to bring back a golf buddy. This might even be one of those proverbial "blessings in disguise" - where you can get out and find another job before things either get really bad there or they go in the tank completely (which means a horrible period of layoffs as the company ceases to exist).
Monroeski
Member
(07-29-2008, 05:15 PM)
Monroeski's Avatar
Liked you enough to promote you, but now the guy comes back and you're basically just out on the street? They're not trying to find any other position for you?

Being unemployed will suck, but that's not the kind of place you want to be, anyway.

Originally Posted by NintendosBooger

they're fucking golf buddies.

This is a sport I could get behind.

Mixed gender only.
Lionheart1827
Lionheart: 1827
Cancer: 0
(07-29-2008, 05:26 PM)
Lionheart1827's Avatar

Originally Posted by NintendosBooger

Well, the thing is they've been letting go of people left and right recently as a result of lost contracts and diminished revenue, so it would be hard for me to prove that my dismissal is a special or isolated incident. Fuck this place, anyway. I'll never forget when one of my former co-workers stormed out of the boss's office and referred to him loudly as "nothing but a pimp in a suit" before marching out the front door.

I'm going to explore some options, probably apply to jobs that actually interest me as opposed to focusing exclusively on the bottom line for once.

That's a good attitude. I know how much it sucks to be laid off, just keep your head high and you'll find something better. :D
Dark Octave
Banned
(07-29-2008, 05:29 PM)
Dark Octave's Avatar

Originally Posted by NintendosBooger

I'm a GAF member. I'll promise to do something that will make this place proud without severely jeopardizing my future.

Fair enough. Make us proud.

Now let me get back to work before you and I both end up job hunting together. You know how these companies are.
_Xenon_
Banned
(07-29-2008, 05:52 PM)
_Xenon_'s Avatar

Originally Posted by lil smoke

Looks like he doesn't even get severance, which I don't like. This means they can throw your ass out in the cold, without any compensation for the years of work you put in.


:lol :lol Shit, I should quit and start taking jobs just for the 401K plans... and quit!

Damn :lol :lol

Just Google'ed what 401k means, well I'm not in the US anyway.

Sucks for OP not even getting any kind of severance. Is it even legal?
Roughmar
Member
(01-05-2009, 08:19 PM)
So... what did you do when leaving?
El_TigroX
Member
(01-05-2009, 08:33 PM)
El_TigroX's Avatar


Good work chap.
Hari Seldon
Member
(01-05-2009, 08:54 PM)
Hari Seldon's Avatar
Hopefully you stole everything you could onto flash drives.

Edit: oops old thread.
Last edited by Hari Seldon; 01-05-2009 at 09:01 PM.
Jamesfrom818
Banned
(01-05-2009, 08:55 PM)
Jamesfrom818's Avatar

Originally Posted by Roughmar

So... what did you do when leaving?

He got a new job and refused to follow casual Fridays.
super metroid
Member
(01-05-2009, 08:55 PM)
super metroid's Avatar
sue.

edit: wait what the fuck
cilonen
Member
(01-05-2009, 08:57 PM)
cilonen's Avatar

Originally Posted by Jamesfrom818

He got a new job and refused to follow casual Fridays.

Hahaha, this is the same dude? Awesome.
Manaka
Member
(01-05-2009, 08:59 PM)

Originally Posted by Roughmar

So... what did you do when leaving?

He later started the heroic fight against dressing down on fridays

EDIT: well, at least it's good to know that other people also seem to remember insignificant stuff way better than more important things :lol
Last edited by Manaka; 01-05-2009 at 09:03 PM.
C.Dark.DN
Banned
(01-05-2009, 08:59 PM)
C.Dark.DN's Avatar
I thought this was a new thread. Would have been interesting.
jakncoke
Banned
(01-05-2009, 09:03 PM)
jakncoke's Avatar

Originally Posted by DeathNote

I thought this was a new thread. Would have been interesting.

:lol , god damn ppl bumping thread without good reason. a PM to him would suffice
Jamesfrom818
Banned
(01-05-2009, 09:03 PM)
Jamesfrom818's Avatar

Originally Posted by cilonen

Hahaha, this is the same dude? Awesome.

Click on each link in his tag. The guy is too good to be true.
Escape Goat
(01-05-2009, 09:04 PM)
Escape Goat's Avatar
FFFFFFFFUUUUUUUUUUUU
Relix
he's Virgin Tight™
(01-05-2009, 09:06 PM)
Relix's Avatar
I expect a repeat of this thread soon.

You can still use this one Booger, if its open!
cilonen
Member
(01-05-2009, 09:19 PM)
cilonen's Avatar

Originally Posted by Jamesfrom818

Click on each link in his tag. The guy is too good to be true.

There's a screenplay in there. That's made my evening!
JDSN
Banned
(01-05-2009, 09:22 PM)
JDSN's Avatar
The guy is like a Randian hero that will never succeed. :lol

Thread Tools