Comments on: Trumped-Up Reasons For Termination Can Prove Retaliatory Discharge http://www.todaysworkplace.org/2009/08/21/trumped-up-reasons-for-termination-can-prove-retaliatory-discharge/ Sun, 05 Feb 2012 04:46:42 -0500 http://wordpress.org/?v=2.8.4 hourly 1 By: Ambien http://www.todaysworkplace.org/2009/08/21/trumped-up-reasons-for-termination-can-prove-retaliatory-discharge/comment-page-1/#comment-731782 Ambien Wed, 25 Jan 2012 07:37:47 +0000 http://www.todaysworkplace.org/?p=2080#comment-731782 Hi there to all, since I am genuinely eager of reading this web site?s post to be updated on a regular basis. It carries nice material. Hi there to all, since I am genuinely eager of reading this web site?s post to be updated on a regular basis. It carries nice material.

]]> By: SKennedy http://www.todaysworkplace.org/2009/08/21/trumped-up-reasons-for-termination-can-prove-retaliatory-discharge/comment-page-1/#comment-135914 SKennedy Tue, 05 Oct 2010 09:45:34 +0000 http://www.todaysworkplace.org/?p=2080#comment-135914 My charge nurse told me that the write up was coming from HR and my director. My department does not like people who speak up. The two co-workers are jealous of me and my schedule and felt that I didn't act the same when one of the friends I have who does the same job as me is there. I totally praised this co-worker whom I spoke to and explained that I was same person to everyone and if she ever thougt I was being rude or acting like a B just come talk to me or call me out so we can fix the issue. They wrote that I stated I hear you think I'm a B and you better tell me if I am . My charge nurse told me that the write up was coming from HR and my director. My department does not like people who speak up. The two co-workers are jealous of me and my schedule and felt that I didn’t act the same when one of the friends I have who does the same job as me is there. I totally praised this co-worker whom I spoke to and explained that I was same person to everyone and if she ever thougt I was being rude or acting like a B just come talk to me or call me out so we can fix the issue. They wrote that I stated I hear you think I’m a B and you better tell me if I am .

]]> By: SKennedy http://www.todaysworkplace.org/2009/08/21/trumped-up-reasons-for-termination-can-prove-retaliatory-discharge/comment-page-1/#comment-135910 SKennedy Tue, 05 Oct 2010 09:41:06 +0000 http://www.todaysworkplace.org/?p=2080#comment-135910 If I file a complaint with EEOC in Az can I be fired for summiting the complaint in the first place. I have been on FMLA since 2008 because of health reasons. I had a toxic infection of my colon called c-diff and have been in and out of the hospital for 2 years. Every year my yearly evaluation has comments refering to me not being able to take extra hospital call or not being able to work for coverage. My job title does not say anything that you have to pick up more call or that you cannot give your call away. SO for two years now they write these comments that say due to illness or personal reasons. I have gone to HR two years in a row and they ammend this portion of the evaluation. I have been place on corrective action for petty things after I complain to my HR department. In 2009 after receiving my evaluation I personally mishandled my anger and emailed two letters to my supervisors own home email address. I hate to say I was pretty mad and hurt. They wrote me up for being threating and hostile. That last for 6 mths. This I was written up because I called my supervisor at home to tell her I was having a personal problem with a co-worker who was giving me a hard time. This write up was written 2 days after I called HR about the complaint again on my evaluation regarding the comment about not willing to take enough hospital call. They gave the write up to me on the 3rd of Sept 2010. They wrote me up cause I called my sup who was home sick with a eye infection, texting her to ask if I could speak with her first thing on the following morning, leaving my procedure room to handle the issue with the co-worker, and speaking to another co-worker who I knew felt uneasy about me. My conversations were never hostile or mean. My charge nurse said I handle the co-worker in the proper manner that we are trained to do and my conversation with this other co-worker was was used as their defence to one again make me out to sound like a bully which I am not. They twisted words around and truly were retaliating because I went to HR. I have the draft from EEOC but am afraid to defend myself for fear they will make things harder on me. Need advice please. If I file a complaint with EEOC in Az can I be fired for summiting the complaint in the first place. I have been on FMLA since 2008 because of health reasons. I had a toxic infection of my colon called c-diff and have been in and out of the hospital for 2 years. Every year my yearly evaluation has comments refering to me not being able to take extra hospital call or not being able to work for coverage. My job title does not say anything that you have to pick up more call or that you cannot give your call away. SO for two years now they write these comments that say due to illness or personal reasons. I have gone to HR two years in a row and they ammend this portion of the evaluation. I have been place on corrective action for petty things after I complain to my HR department. In 2009 after receiving my evaluation I personally mishandled my anger and emailed two letters to my supervisors own home email address. I hate to say I was pretty mad and hurt. They wrote me up for being threating and hostile. That last for 6 mths. This I was written up because I called my supervisor at home to tell her I was having a personal problem with a co-worker who was giving me a hard time. This write up was written 2 days after I called HR about the complaint again on my evaluation regarding the comment about not willing to take enough hospital call. They gave the write up to me on the 3rd of Sept 2010. They wrote me up cause I called my sup who was home sick with a eye infection, texting her to ask if I could speak with her first thing on the following morning, leaving my procedure room to handle the issue with the co-worker, and speaking to another co-worker who I knew felt uneasy about me. My conversations were never hostile or mean. My charge nurse said I handle the co-worker in the proper manner that we are trained to do and my conversation with this other co-worker was was used as their defence to one again make me out to sound like a bully which I am not. They twisted words around and truly were retaliating because I went to HR. I have the draft from EEOC but am afraid to defend myself for fear they will make things harder on me. Need advice please.

]]> By: Richard Tader http://www.todaysworkplace.org/2009/08/21/trumped-up-reasons-for-termination-can-prove-retaliatory-discharge/comment-page-1/#comment-73336 Richard Tader Thu, 01 Apr 2010 03:49:59 +0000 http://www.todaysworkplace.org/?p=2080#comment-73336 The first thing i would like to ask is,will phone recordings w/ time and date stamps hold up in court? I've saved recordings of a supervisor telling me "NOT to turn my injury in as a comp claim" "DON'T tell anyone you was hurt at work" along with many many other saved messages.I was injured working on government property,hit by an elevator as a co-worker and myself was working under it. My supervisors would not do anything to help me,i must add it knocked me out for a bit and was in somewhat of a daze.I was able to report what happend after i came to and somehow was able to get out of the pit.I reported to my supervisor and the job-site superintendent,the superintendent told me"this is NOT to leave this room!"In really bad shape,feeling like i was in shock.I can clearly remember him telling me that and the statement just floored me!?I needed help REALLY BAD but in my condition and what the highest ranking boss told me i did'nt know what to do.They would'nt let me file a report,never checked on me,a few hours later i can remember being in so much pain thinking maybe my neck was broke.My co-worker in the pit with me,lucky for him hearing me get hit turning to see me being knocked to the ground was able to jump to safety on the other side of the pit.Two CHSO's on-site that was'nt even around for what i've found out MUCH later was a HUGE DEAL and so much training needed to take place for my co-worker and myself being that neither one of us had ever worked on,with or under an elevator.A few hours went by and i was locked up tight,hardly able to get around or do much of anything for myself.My co-worker went many times to find the companys CSHO seeing that no one else was going to help me and i was unable to help myself.I told CSHO the best i could what happen,we went back into the office where i was told all the reasons why this injury could'nt be reported on-site,was told by the supervisor...AGAIN,NOT to say how or where i was injured.On the goverment property that is.Another co-worker was made to take me off base because they did not want the goverments CSHO to see me or find out what happend.Missed a few days,tried to work for a few weeks.With no idea how i made it to and from,i must add my co-worker(the one in the pit with me)and myself was shiped off to a diffrent job.I called the office to beg them if i could get some form of help,still unable to move any upper body parts,couldn't lift anything and in unbelieveable pain.Just after i made the call tring to get some help i was fired?!I was the only one hurt and the only one fired.I worked for a company that used nor had any form of protocol,training,no one checked anyones training,i can go on and on about what they did'nt do much more easy to tell what they did do.NOTHING!Can anyone help me or give me some tips? The first thing i would like to ask is,will phone recordings w/ time and date stamps hold up in court? I’ve saved recordings of a supervisor telling me “NOT to turn my injury in as a comp claim” “DON’T tell anyone you was hurt at work” along with many many other saved messages.I was injured working on government property,hit by an elevator as a co-worker and myself was working under it. My supervisors would not do anything to help me,i must add it knocked me out for a bit and was in somewhat of a daze.I was able to report what happend after i came to and somehow was able to get out of the pit.I reported to my supervisor and the job-site superintendent,the superintendent told me”this is NOT to leave this room!”In really bad shape,feeling like i was in shock.I can clearly remember him telling me that and the statement just floored me!?I needed help REALLY BAD but in my condition and what the highest ranking boss told me i did’nt know what to do.They would’nt let me file a report,never checked on me,a few hours later i can remember being in so much pain thinking maybe my neck was broke.My co-worker in the pit with me,lucky for him hearing me get hit turning to see me being knocked to the ground was able to jump to safety on the other side of the pit.Two CHSO’s on-site that was’nt even around for what i’ve found out MUCH later was a HUGE DEAL and so much training needed to take place for my co-worker and myself being that neither one of us had ever worked on,with or under an elevator.A few hours went by and i was locked up tight,hardly able to get around or do much of anything for myself.My co-worker went many times to find the companys CSHO seeing that no one else was going to help me and i was unable to help myself.I told CSHO the best i could what happen,we went back into the office where i was told all the reasons why this injury could’nt be reported on-site,was told by the supervisor…AGAIN,NOT to say how or where i was injured.On the goverment property that is.Another co-worker was made to take me off base because they did not want the goverments CSHO to see me or find out what happend.Missed a few days,tried to work for a few weeks.With no idea how i made it to and from,i must add my co-worker(the one in the pit with me)and myself was shiped off to a diffrent job.I called the office to beg them if i could get some form of help,still unable to move any upper body parts,couldn’t lift anything and in unbelieveable pain.Just after i made the call tring to get some help i was fired?!I was the only one hurt and the only one fired.I worked for a company that used nor had any form of protocol,training,no one checked anyones training,i can go on and on about what they did’nt do much more easy to tell what they did do.NOTHING!Can anyone help me or give me some tips?

]]> By: Steve http://www.todaysworkplace.org/2009/08/21/trumped-up-reasons-for-termination-can-prove-retaliatory-discharge/comment-page-1/#comment-61931 Steve Wed, 10 Feb 2010 04:45:06 +0000 http://www.todaysworkplace.org/?p=2080#comment-61931 I will make this as short as possible, I have workedfor the state for the past 10 years, with a flawless record. I work a swing shift" at night you work alone. I have been severly diabetic 40 years, with many other physical issues. I had been put out of work for a few nights, I was left work at night when it was never done before, it was dangerous and I had just started wearing an insulin pump when it had broken from working in tight spaces under desks, stripping electrical power. A man from hvac dept. was walking past and noticed me not moveing, he pulled me out and helped me. My sugar was so high my meter couldn`t read it. My docter put me out of work a few days, I called my boss told him what had happend. When I returned back to work I was on nights again, I was told the job I was on was saved for me. People heard me say I was sorry if I cant finish it all due to the fact I came in following my doctors apointment and he didnt want me to go in, due to the fact my sugar was 700 and he drew a lot of blood, for two doctors. I was attacked vicously, then I was set up to be fired, after I told him to stop discriminating against me. I will make this as short as possible, I have workedfor the state for the past 10 years, with a flawless record. I work a swing shift” at night you work alone. I have been severly diabetic 40 years, with many other physical issues. I had been put out of work for a few nights, I was left work at night when it was never done before, it was dangerous and I had just started wearing an insulin pump when it had broken from working in tight spaces under desks, stripping electrical power. A man from hvac dept. was walking past and noticed me not moveing, he pulled me out and helped me. My sugar was so high my meter couldn`t read it. My docter put me out of work a few days, I called my boss told him what had happend. When I returned back to work I was on nights again, I was told the job I was on was saved for me. People heard me say I was sorry if I cant finish it all due to the fact I came in following my doctors apointment and he didnt want me to go in, due to the fact my sugar was 700 and he drew a lot of blood, for two doctors. I was attacked vicously, then I was set up to be fired, after I told him to stop discriminating against me.

]]> By: Trish Jones http://www.todaysworkplace.org/2009/08/21/trumped-up-reasons-for-termination-can-prove-retaliatory-discharge/comment-page-1/#comment-38908 Trish Jones Thu, 29 Oct 2009 08:44:42 +0000 http://www.todaysworkplace.org/?p=2080#comment-38908 Hello Ellen, Thank you for taking the time to read this, I greatly appreciate. your time an potential input or ideas. This seems to be a newer issue not dealt with yet.Illegal Termination based on Unlawful Discrimination based on/with asociation of an disabled person<b>,(myself).(Us 29 USC &1630.8. Not alot of info found right now. My husband filed through the EEOC based on <b>"Illegal Termination based on Unlawful Discrimination based on asociation with a disabled person<b>,(myself).(Us 29 USC &1630.8 My husband took his vacation days for my surgeries. I can make a very strong, well documented case with receipts,events and calendar days wth all inplace. I also can give exact time his replacement (I was in ICU)(no openings knew of, no need to hire a new person)was hired 7-9 weeks prior to this situation. My husband stood by my side.He has very excellent work morals and values and gives 125%. I felt he actually put too much self pride and effort and it refelected.He liked what he did.He never took a sick day.But because I can and do go blind, he would ask a week or 2 in advance if he could take me to the doctor in another state and come in late,exchange days etc. and work another day (Yes I legally qualify for ADA and have the documents) My husband scheduled his vacation and used off days for any surguries or doctors appts for me. He was let go based on a misappropriation of funds he had not seen, nor touched,he was in the back as chef.He was never notified there was a problem till the Front of the House Asss. Manager sai he was short (which still wasn't my husband job description (I kept the company training manuals and procedures)Oddly the money strangly found its way to be correctly accounted for the following day. He has been fully denied unemployment. The EEOC has decided to expedite to mediation. I know there is more to disclose and the mini novel has worn me out. Thank you once again,I appreciate your time and any input> Trish Jones Hello Ellen,
Thank you for taking the time to read this, I greatly appreciate.
your time an potential input or ideas.

This seems to be a newer issue not dealt with yet.Illegal Termination based on Unlawful Discrimination based on/with asociation of an disabled person,(myself).(Us 29 USC &1630.8.
Not alot of info found right now.

My husband filed through the EEOC based on “Illegal Termination based on Unlawful Discrimination based on asociation with a disabled person,(myself).(Us 29 USC &1630.8
My husband took his vacation days for my surgeries.

I can make a very strong, well documented case with receipts,events and calendar days wth all inplace. I also can give exact time his replacement (I was in ICU)(no openings knew of, no need to hire a new person)was hired 7-9 weeks prior to this situation.
My husband stood by my side.He has very excellent work morals and values and gives 125%.

I felt he actually put too much self pride and effort and it refelected.He liked what he did.He never took a sick day.But because I can and do go blind, he would ask a week or 2 in advance if he could take me to the doctor in another state and come in late,exchange days etc. and work another day
(Yes I legally qualify for ADA and have the documents)
My husband scheduled his vacation and used off days for any surguries or doctors appts for me.

He was let go based on a misappropriation of funds he had not seen, nor touched,he was in the back as chef.He was never notified there was a problem till the Front of the House Asss. Manager sai he was short (which still wasn’t my husband job description (I kept the company training manuals and procedures)Oddly the money strangly found its way to be correctly accounted for the following day.
He has been fully denied unemployment.
The EEOC has decided to expedite to mediation.

I know there is more to disclose and the mini novel has worn me out.
Thank you once again,I appreciate your time and any input>
Trish Jones

]]> By: Brian Beecher http://www.todaysworkplace.org/2009/08/21/trumped-up-reasons-for-termination-can-prove-retaliatory-discharge/comment-page-1/#comment-24817 Brian Beecher Wed, 26 Aug 2009 21:46:26 +0000 http://www.todaysworkplace.org/?p=2080#comment-24817 This may be just the loophole I have been looking for to try to present my case. From December 2008 until March 2009 I worked through a temp agency as a data entry operator. While there I developed an attraction to a woman who was also my lead for most of the time I was there. In mid-February I came clean and confessed this to her, but used no supporting adjectives(sexual, physical, etc.) We did have a good working relationship up until that point, but after that the relationship crashed to the point where she often didn't acknowledge if I even said good morning or good night. I firmly believe she was put up to this and did not act of her own accord. It was five weeks later before I got the call saying that my assignment had ended and not to return the following day. A few days later I found out that a bogus email had been sent in my name, which I reported to the abuse department and received a claim number for. The woman at the agency, who nobody really likes, refused to believe me when I told her I didn't sent that particular email. They fought to keep me from collecting unemployment benefits. I eventually won that battle when she was a no-show for the hearing. I believe that could have been a mind game in itself, figuring that if they at least allowed me that that I wouldn't continue to fight back. Wrong! A month later I phoned her just to see if I was cleared so I could use this experience as a future reference. I was told in a real derogatory tone that the only reason I got off was because she was out sick that day. I told her I was going to appeal to the home office, which I did just to prove my credibility. The next day a woman from the home office phoned me and wanted some information about my case. I submitted more info via email, but within two weeks I got a curt note saying that they took appropriate action and consider the case closed. I then filed an appeal with the department of human rights which is still a work in progress. I believe they tried to pin me for sexual harassment, something which was never intended, and I refuse to believe that just telling someone you have an attraction for them is enough to qualify. I plan to pursue this further, but because of all the at-will employment stautes am wondering whether there is something else I can pursue my case under. I find it appalling that we continue to live under a mentality where impatience and less tolerance is the name of the game. I believe herein lies a saga of greed, betrayal and jealousy so thick that even a seasoned novelist would be challenged to write the story. I want to see that justice is served, as this was something I never saw coming. At the very least I want redress for the bogus email and at least get to explain my position. Am wondering where to go from here, and any leads to qualified sources would be appreciated. Thank you. This may be just the loophole I have been looking for to try to present my case. From December 2008 until March 2009 I worked through a temp agency as a data entry operator. While there I developed an attraction to a woman who was also my lead for most of the time I was there. In mid-February I came clean and confessed this to her, but used no supporting adjectives(sexual, physical, etc.) We did have a good working relationship up until that point, but after that the relationship crashed to the point where she often didn’t acknowledge if I even said good morning or good night. I firmly believe she was put up to this and did not act of her own accord. It was five weeks later before I got the call saying that my assignment had ended and not to return the following day. A few days later I found out that a bogus email had been sent in my name, which I reported to the abuse department and received a claim number for. The woman at the agency, who nobody really likes, refused to believe me when I told her I didn’t sent that particular email. They fought to keep me from collecting unemployment benefits. I eventually won that battle when she was a no-show for the hearing. I believe that could have been a mind game in itself, figuring that if they at least allowed me that that I wouldn’t continue to fight back. Wrong! A month later I phoned her just to see if I was cleared so I could use this experience as a future reference. I was told in a real derogatory tone that the only reason I got off was because she was out sick that day. I told her I was going to appeal to the home office, which I did just to prove my credibility. The next day a woman from the home office phoned me and wanted some information about my case. I submitted more info via email, but within two weeks I got a curt note saying that they took appropriate action and consider the case closed. I then filed an appeal with the department of human rights which is still a work in progress. I believe they tried to pin me for sexual harassment, something which was never intended, and I refuse to believe that just telling someone you have an attraction for them is enough to qualify. I plan to pursue this further, but because of all the at-will employment stautes am wondering whether there is something else I can pursue my case under. I find it appalling that we continue to live under a mentality where impatience and less tolerance is the name of the game. I believe herein lies a saga of greed, betrayal and jealousy so thick that even a seasoned novelist would be challenged to write the story. I want to see that justice is served, as this was something I never saw coming. At the very least I want redress for the bogus email and at least get to explain my position. Am wondering where to go from here, and any leads to qualified sources would be appreciated. Thank you.

]]> By: CHERYL ESMEYER http://www.todaysworkplace.org/2009/08/21/trumped-up-reasons-for-termination-can-prove-retaliatory-discharge/comment-page-1/#comment-24489 CHERYL ESMEYER Tue, 25 Aug 2009 00:33:24 +0000 http://www.todaysworkplace.org/?p=2080#comment-24489 I worked for a company for 11 1/2 years. When the company was being brought out they started using any excuse to reduce management. I the last 18 months with this company, we had 3 managers. When an audit was done I was scored low because I did not do a performance plan for my manager. I didn't have a manager when this occured. Then when I missed an adjustment, I was fired. Was this right? I worked for a company for 11 1/2 years. When the company was being brought out they started using any excuse to reduce management. I the last 18 months with this company, we had 3 managers. When an audit was done I was scored low because I did not do a performance plan for my manager. I didn’t have a manager when this occured. Then when I missed an adjustment, I was fired. Was this right?

]]>