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Need some legal advice


SSThunder

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Well my mother has worked in this factory for around 18 years and today they fired her for a safty violation(she wasn't wearing her seat belt while driving a forklift). She had been written up once before for the seat belt deal but that was over a year ago. Basically they are wanting to get rid of people and she's the unlucky one. She said they fired a guy last week for not wearing his gloves while using a box cutter/knife. My question is does she have any legal ground to fight this or file a lawsuit. She has been written up for twice in the past year for smoking and hitting a machine with the forklift. I just want to make sure they are on solid legal ground before I start to look for a good lawyer. She's worked 2 jobs to support and raise me. please chime in with your thoughts. I'm pretty pissed right now :mad: .

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That sux!!! Union job? Dosen't matter anyway...Our company is union and the union is as weak as a new born kitten. They continue to allow our jobs to be subcontracted out. The company probably wants to hire a kid and pay $7.50hr. What a bunch of corporate dicks. Sounds like your mom's boss had it out for her. I hope for the best for you guys.

 

Dave

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That sux!!! Union job? Dosen't matter anyway...Our company is union and the union is as weak as a new born kitten. They continue to allow our jobs to be subcontracted out. The company probably wants to hire a kid and pay $7.50hr. What a bunch of corporate dicks. Sounds like your mom's boss had it out for her. I hope for the best for you guys.

 

Dave

 

I told her I'm here for her and will help her out. I guess in a factory they can pretty much let you go for anything. It just pisses me off when people get treated like $hit :banghead: . If I had a legal foot to stand on, I'd get a lawyer for her and make those @ssholes pay. I told here to tell her friend who works there to get the HR policy on this type of stuff to see if what they did was legal.

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:confused: Why does she want to stay?  There's got to be better work environments than that.

 

Mr. P.

She's been there for 18 years so it's quite a blow to her. She's going today to see about getting her GED. She never graduated high school and most places around here require at least a high school degree or GED. I'm trying to get her to get some info about HR policy. I'm not so sure they had the legal ground to fire her but I won't know until I find out their policy on firing. It really makes me mad to see her get treated that way so if there is any legal action we can take I'm going to do it. If not I'll help her out and help her move on.

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I am in charge of Safety for my company and work within the HR department as well. Being fired for Safety reasons is an all too common thing...unfortunately. If the company has a handbook and it has a safety section then more then likely it reads something similar to "violations of safety rules can result in disciplinary action up to and including termination."

 

I know this sucks but if the company has it stated in their policies then it is very tough to win a case (depending on the state you live in). If your state is an "At Will" state then the employer can technically fire someone at any time and one can quit at any time.

 

Good luck with your research but I have a feeling that it will be very tough to win anything.

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Probably not what you want to hear, but she probably doesn't have much recourse. Employers usually document things pretty well in these cases before they take action. Somewhere buried in the fine print of something she may have signed at some point probably states that she could be let go for any infraction. It sucks when that happens, big time, but it's probably best to do what she's doing. Get her GED, and move on to something better.

Good luck. :thumbs:

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I'm going to look over her company's policy as soon as she gets it to me. If they have the legal right to fire her for this, then I'll let it go. Hopefully she can draw unemployement while she looks for another job and works on getting her GED. It's probably for the best, that place is the dump. The pay is really low and the managment is full of idiots :P .

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I'm going to look over her company's policy as soon as she gets it to me. If they have the legal right to fire her for this, then I'll let it go. Hopefully she can draw unemployement while she looks for another job and works on getting her GED. It's probably for the best, that place is the dump. The pay is really low and the managment is full of idiots :P .

 

After talking to my wife, who is in Human Resources, about this I am correct on the policy side of it. Your mom could file for unemployment and in most cases companies will not dispute it...at least that is what the wife says. She deals with hiring/firing/unemployment all the time so I would say she is right...just don't tell her that.

 

I know it is hard to deal with but from the sounds of it your mom may be better off in a different place. It is tough to make a change after such a long time but it is sometimes a necessary thing to do.

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