...

IPB

.

 
[Add Reply] [New Topic]
> What Does Fired Mean?,, How can you fire an employee at-will?
Ross Russell
post Feb 23 2003, 05:44 AM [ Post #1 ]


Administrator
***

Group: Admin
Posts: 1496
Joined: 16-February 03
Member No.: 1



What does Fired Mean?

This may at first sound like a stupid question, but think about the question in relation to the fact that most employment is AT-WILL.

As we have stated many times, if you do not have a written contract to work for a specified duration, you are an employee at-will.

When you are an employee at-will, your employment relationship with any employer can be terminated at any time for any reason (more or less) by the employer or by YOU.

Now, since the employment relationship is at-will and can be terminated at any time for any reason, how exactly can an employee at-will be FIRED?

Our position is that an employee at-will can only be fired from a job if the employee wants his/her job back and is pursuing some legal action for wrongful discharge.

If you don't want your job back and are not pursuing legal action for wrongful discharge, it is our position that your employment ended by mutual consent; based on the legal definition of at-will employment

Employment At-Will is a device which employers and the Courts are determined to continue using as a club against workers.

Employers and the Courts are determined to maintain employment at-will in the US, i.e., the Courts and Employers are determined to see to it that employers keep the right to terminate workers at any time for any reason.

Our position is that the UPSIDE of employment at-will for Workers is that we cannot be FIRED unless we are legally contesting the termination of the employment relationship (i.e. employees at-will can only be FIRED from jobs if they wanted to continue the employment relationship and are pursuing legal action for wrongful discharge).

The above argument makes perfect legal sense, in fact, it makes too much legal sense.

The fact is that the Courts and Employers KNOW full well what employment at-will means and the Courts and Employers know full well that the employee at-will can end the employment relationship at any time for any reason.

The only purpose FIRED serves is to blackball a worker so that that worker has a hard time getting other employment AND to make it harder for the worker to get money damages for wrongful termination of employment from the employer.

In other words, the whole concept of FIRED, in relation to employment at-will, is designed to protect employers from lawsuits by employees.

the reality is that it is virtually impossible to quit a job if your employer wants to fire you. No Judge is going to accept that you quit a job if your employer claims that he fired you and Unemployment is not going to accept that you quit if the employer says that he fired you. In fact, Unemployment in New York State has this policy that holds that before a worker can quit a job he must first give the employer the opportunity to investigate any complaints the worker has. So, in other words employment in New York State is at-will and your employer can terminate the employment relationship at any time for any reason, however, in order to qualify for unemployment benefits, YOU can't terminate the employment relationship at any time for any reason. Again, the whole concept of FIRED is intended to protect employers against employees


--------------------
Ross Russell
Copyright 1996-2004
Relationship LLC
 
Go to the top of the page
[Off] [Card] [PM]
Ross Russell
post Apr 6 2004, 10:00 PM [ Post #2 ]


Administrator
***

Group: Admin
Posts: 1496
Joined: 16-February 03
Member No.: 1



Strategy

Never ever sue a former employer for wrongful discharge (unless you are a White Female or an Old White Male). Once you leave an employer and get another job, sue the former employer for interference with your contractual relationship with your new employment and for interference with an economic advantage.

This is almost unheard of by the aholes advising companies on how to defend employment lawsuits.

The MO of companies and their attorneys in relation to discharging an employee is TEXTBOOK, it is exactly the same at every company and it hasn't changed since the 60's.

( a ) the strategy begins with what is called a graduated disciplinary scheme. The courts frown upon the firing of an employee with no warning, so the attorneys advise the employer to start taking disciplinary action against an employee that they want to fire and then to gradually increase the severity of the discipline. This usually involves a bad performance review, followed by a series of warning letters then finally a 30 day warning and ultimately dismissal. Before the final dismissal there is probably going to be some letter offering mental health assistance to avoid a possible defense by the employee that he had health and/or mental problems.

( b ) the strategy ALWAYS requires someone of your employment "status" be lined up to testify against you. So if you are Black the employer will line up someone Black to testify that they were never discriminated against; if you are female then a female will be lined up to testify; and if you are an older White Male, an older White Male will be lined up to testify etc.

( c ) there is almost no possible way to win a lawsuit for unlawful discharge unless you are a White Female or a White Male. There are federal judges who have NEVER EVER decided in favor of plaintiffs in wrongful discharge lawsuits during the entire time that they have been federal judges.


--------------------
Ross Russell
Copyright 1996-2004
Relationship LLC
 
Go to the top of the page
[Off] [Card] [PM]
Ross Russell
post Apr 27 2004, 03:35 AM [ Post #3 ]


Administrator
***

Group: Admin
Posts: 1496
Joined: 16-February 03
Member No.: 1



Predatory Behavior

The graduated discipline dance described above is something that employers do IF they are unable to harass and humiliate you into quitting. Obviously, if the employer can harass and humiliate you into quitting, they will assume that they have gotten away free and clear.

The basic assumption every employer has is that every worker actually wants to ***king work for them.

I was once called into this little meeting with the HR Director and the Managing Partner of a silly ass law firm that I worked for. I was temping for these idiot ***kers and they offered me a PERM job. And, because I knew that I would have a large dental bill coming up, I took the PERM job with the intent of trying not to kill the stupid ***kers long enough to get my dental work done.

Anywho, I was called into this meeting with the HR Director and the Managing Partner of this law firm and it was clear that they assumed that I was just your typical employee. It never occurred to either one of them that I could have had more litigation experience than any lawyer in the firm.

Managing Partner is masturbating in the knowledge that he is an expert at employment law, that he has fired countless employees before and gotten away with it. Managing Partner is confident until I recount for him all of the previous idiot ***kers I sued and how much money I made suing each one of them.


--------------------
Ross Russell
Copyright 1996-2004
Relationship LLC
 
Go to the top of the page
[Off] [Card] [PM]
[Add Reply] [New Topic]

2 User(s) are reading this topic (2 Guests and 0 Anonymous Users)
0 Members:

 



... Time is now: 29th March 2024 - 05:43 AM

more nyc temp agencies see:
Temping NYC Temp Agencies
Christopher Paige Temp 247 ™ temporary employment agency New York City NYC Temp agencies Chicago Philadelphia Boston Washington DC
Tempcity ™ Temping NYC ™ temporary employment agency New York City NYC temp agencies Chicago Boston Philadelphia Washington DC
Drama NYC ™ Temp Agency New York City NYC Temp Agencies NY Temporary Employment Agency
BitchLess Blog ™ Temp Agency New York NY Strictly Apartments ™ Extended Stay Hotels Gay Travel
Hot Temp Jobs ™ temporary employment agency New York City NYC Temp Agencies Chicago Philadelphia Washington DC
Employeeless ™ Temping Consulting New York City NYC Temporary Employment Agency Temp Agency
Hot Temp Jobs ™ Strictly Real Estate ™ NYC New York City Apartments
Tempcities ™ NYC temp agencies temporary employment agency New York Philadelphia
The Tempster's Guide to NYC Temp Agencies ™ New York City Temp Agency temporary employment agency agencies
Tempcity Hot Temp Agencies ™ Hot Temp Agency ™
Tempcity Hot Temp Agencies ™ Hot Temp Agency ™
Tempcity USA ™
Honation ™ temping NYC temp agencies temp jobs New York City temp agencies
Tempcity ™ Temp Agency NYC New York City Temp Agencies
TempCity.Net Postcards
All Men Are Temps ™ temp agency New York City NYC Temporary Employment Agencies
Temping NYC ™ NYC Temp Agencies
Mathieu DeLarge Temping NYC ™ NYC Temp Agency New York NY Temp Agencies
Strictly NYC ™ New York City Guide NYC Temp Agencies
Jessie Paige Actor Temp ™ NYC New York City Temp Agencies
Actor Temps ™ NYC New York City Temp Agencies
Strictly On Demand ™ Temping Consulting New York City NYC Temporary Employment Agency Temp Agency
The EmployeeLess Firm ™
Temping NYC ™ NYC Temp Agencies .Net ™
tempcity.com http://www.tempcity.com/nyc-temp-agencies bitchless.com