"HeyBub" <[email protected]> wrote:
> sal wrote:
>> Have any of you wood pro had to deal with wrongful dismissal?If so
>> ,can you share details that don't implicate legal action.
>>
>> Sal
>
> Man up and move on.
>
> I once told a vice president "If you ever again curse me in front of my
> subordinates, I'll hit you so hard your mother will die."
>
> Fucker fired me.
>
> I learned valuable lessons from that episode, chief of which was: There is
> no "warn," there is only "do."
Do first, warn afterwards ...
--
www.ewoodshop.com
On 7/28/2012 2:04 PM, Dave wrote:
> On Sat, 28 Jul 2012 14:47:50 -0500, "HeyBub" <[email protected]>
>> My state too. The "classic" definition of "assault" is "Serious threat to
>> inflict serious bodily harm coupled with the present ability to carry out
>> said threat." That is, you can't "assault" someone over the telephone.
> Hmmm. What if I call you on the phone, threaten to send you a bomb in
> the mail unless you send me money and you record the conversation?
> Sounds like an "assault" to me. Maybe it might be called something
> else, but I'd hope it's still punishable one way or another.
If you do that over the phone, it would be extortion. Assault requires
a face to face confrontation, with an imminent, credible threat of
physical force.
On Fri, 27 Jul 2012 01:44:19 +0000 (UTC), Doug Miller
<[email protected]> wrote:
>"Mike Marlow" <[email protected]> wrote in news:79100$5011f1d0
>[email protected]:
>
>> Correct. It is very dependent upon the state you live in. Like TN, NY is a
>> Work-At-Will state, which means an employer is not obligated to keep you in
>> their employ (not withstanding a legal contract), for any reason at all.
>> They are free to dismiss you at their pleasure, for any reason or for no
>> reason at all. In a Work-At-Will state, there is almost no such things as
>> wrongful dismissal unless there is a violation of some protected status,
>> violation of union negotiations, or the like.
>>
>> Other states are Right-To-Work states and the rights of the employee are
>> much different in those states.
>
>"Right-to-Work" means something rather different than you think.
>
>We just went through that here in Indiana; it was a pretty contentious issue here. "Right-to-
>Work" means that state law prohibits making employment contingent on membership in a
>labor union.
Correct. The opposite of "right-to-work" is "closed shop". I believe the
antonym of "at will" is "implied contract".
-MIKE- wrote:
> On 7/26/12 2:56 PM, sal wrote:
>> Have any of you wood pro had to deal with wrongful dismissal?If so
>> ,can you share details that don't implicate legal action.
>>
>> Sal
>>
>
> Check with your state's employment bureau or equivalent and ask them
> about the law.
> TN is a fire-at-will state, meaning you can be fired for any reason at
> all, as long as it's not because of race, religion, disability, etc.
> Meaning you can be fired because the boss just doesn't like your
> attitude... OR because he's a racist a-hole... he just has to say it
> was for a different reason. :-)
Correct. It is very dependent upon the state you live in. Like TN, NY is a
Work-At-Will state, which means an employer is not obligated to keep you in
their employ (not withstanding a legal contract), for any reason at all.
They are free to dismiss you at their pleasure, for any reason or for no
reason at all. In a Work-At-Will state, there is almost no such things as
wrongful dismissal unless there is a violation of some protected status,
violation of union negotiations, or the like.
Other states are Right-To-Work states and the rights of the employee are
much different in those states.
You really should talk to your state employment bureau as -MIKE- suggested.
--
-Mike-
[email protected]
On 7/27/2012 7:22 AM, Mike Marlow wrote:
> HeyBub wrote:
>
>>
>> I once told a vice president "If you ever again curse me in front of
>> my subordinates, I'll hit you so hard your mother will die."
>>
>> Fucker fired me.
>
> Some guys just don't know how to take a threat - or a promise! That is one
> of the best lines I've ever heard though!
>
Yes it is!
But technically it's assault.
Follow up on it and it's assault and battery.
Then you not only get fired, you get a new state-approved boy-friend...
sal wrote:
> Have any of you wood pro had to deal with wrongful dismissal?If so
> ,can you share details that don't implicate legal action.
>
> Sal
Man up and move on.
I once told a vice president "If you ever again curse me in front of my
subordinates, I'll hit you so hard your mother will die."
Fucker fired me.
I learned valuable lessons from that episode, chief of which was: There is
no "warn," there is only "do."
In article <[email protected]>, [email protected] says...
>
> Have any of you wood pro had to deal with wrongful dismissal?If so ,can you
> share details that don't implicate legal action.
It would help if you said where you were located. Laws differ in
different states in the US and if you are in Canada then I believe they
differ quite a lot from the US.
On 7/26/2012 2:56 PM, sal wrote:
> Have any of you wood pro had to deal with wrongful dismissal?If so ,can you
> share details that don't implicate legal action.
>
> Sal
>
>
To tell you the truth, if your were fired for a reasonable reason, you
screwed up, move on. If you were fired for an unreasonable reason you
really don't want to be working for that guy/company anyway. You really
don't want to force them to rehire you, life will be miserable.
Oddly when I was 20 I was fired by my store manager, that was fine with
me, he was an a-hole. The following morning I was contacted by his boss
and he convinced to come back to work for the company in another store,
I did and my boss that fired me was then fired. About 1 year later I
was managing my own company store.
"Mike Marlow" <[email protected]> wrote in news:79100$5011f1d0
[email protected]:
> Correct. It is very dependent upon the state you live in. Like TN, NY is a
> Work-At-Will state, which means an employer is not obligated to keep you in
> their employ (not withstanding a legal contract), for any reason at all.
> They are free to dismiss you at their pleasure, for any reason or for no
> reason at all. In a Work-At-Will state, there is almost no such things as
> wrongful dismissal unless there is a violation of some protected status,
> violation of union negotiations, or the like.
>
> Other states are Right-To-Work states and the rights of the employee are
> much different in those states.
"Right-to-Work" means something rather different than you think.
We just went through that here in Indiana; it was a pretty contentious issue here. "Right-to-
Work" means that state law prohibits making employment contingent on membership in a
labor union.
-MIKE- <[email protected]> wrote in news:[email protected]:
> TN is both right to work and hire/fire at will.
So is Indiana -- now. We've been "employment at will" for as long as I've lived here, but "right
to work" only since the middle of March.
HeyBub wrote:
>
> I once told a vice president "If you ever again curse me in front of
> my subordinates, I'll hit you so hard your mother will die."
>
> Fucker fired me.
Some guys just don't know how to take a threat - or a promise! That is one
of the best lines I've ever heard though!
--
-Mike-
[email protected]
On Fri, 27 Jul 2012 09:59:12 -0500, Leon <lcb11211@swbelldotnet>
wrote:
>
>To tell you the truth, if your were fired for a reasonable reason, you
>screwed up, move on. If you were fired for an unreasonable reason you
>really don't want to be working for that guy/company anyway. You really
>don't want to force them to rehire you, life will be miserable.
>
>Oddly when I was 20 I was fired by my store manager, that was fine with
>me, he was an a-hole. The following morning I was contacted by his boss
>and he convinced to come back to work for the company in another store,
>I did and my boss that fired me was then fired. About 1 year later I
>was managing my own company store.
In the 80's recession, the company I worked for was cutting back. The
GM suggested I be fired. Instead, he was fired, as well as another
guy and I was promoted. You just never know where the chips will
fall.
Doug Miller wrote:
> "Mike Marlow" <[email protected]> wrote in
> news:79100$5011f1d0 [email protected]:
>
>> Correct. It is very dependent upon the state you live in. Like TN,
>> NY is a Work-At-Will state, which means an employer is not obligated
>> to keep you in their employ (not withstanding a legal contract), for
>> any reason at all. They are free to dismiss you at their pleasure,
>> for any reason or for no reason at all. In a Work-At-Will state,
>> there is almost no such things as wrongful dismissal unless there is
>> a violation of some protected status, violation of union
>> negotiations, or the like.
>>
>> Other states are Right-To-Work states and the rights of the employee
>> are much different in those states.
>
> "Right-to-Work" means something rather different than you think.
>
> We just went through that here in Indiana; it was a pretty
> contentious issue here. "Right-to- Work" means that state law
> prohibits making employment contingent on membership in a
> labor union.
I can accept that. We hear the term thrown about here in NY because we are
not one, but I never really had the reason to dig into that myself.
--
-Mike-
[email protected]
Dave wrote:
> On Sat, 28 Jul 2012 09:20:48 -0400, willshak <[email protected]>
>> That depends upon where the confrontation occurred.
>> In NYS, a charge of assault must have a physical injury, not just a
>> threat of injury.
>> NYS does not have a 'battery' charge by itself, or as part of another
>> charge.
>
> Really? What about a death threat?
My state too. The "classic" definition of "assault" is "Serious threat to
inflict serious bodily harm coupled with the present ability to carry out
said threat." That is, you can't "assault" someone over the telephone.
In Texas, the definition of "assault" includes the infliction of bodily harm
and/or the threat.
On Sat, 28 Jul 2012 14:47:50 -0500, "HeyBub" <[email protected]>
>My state too. The "classic" definition of "assault" is "Serious threat to
>inflict serious bodily harm coupled with the present ability to carry out
>said threat." That is, you can't "assault" someone over the telephone.
Hmmm. What if I call you on the phone, threaten to send you a bomb in
the mail unless you send me money and you record the conversation?
Sounds like an "assault" to me. Maybe it might be called something
else, but I'd hope it's still punishable one way or another.
>> Have any of you wood pro had to deal with wrongful dismissal?If so ,can you
>> share details that don't implicate legal action. Sal
>Check with your state's employment bureau or equivalent and ask them
>about the law.
Agree .. Call your local labor office and ask.
>TN is a fire-at-will state, meaning you can be fired for any reason at
>all, as long as it's not because of race, religion, disability, etc.
>Meaning you can be fired because the boss just doesn't like your
>attitude... OR because he's a racist a-hole... he just has to say it was
>for a different reason. :-)
Same here in Ohio. I was let go while I was out recuperating from a
car accident. Rear-ended on the highway by a guy talking on his cell
while on my way to work. Boss called me two days before I was due back
to work and said don't bother, they replaced me. Two days later the
company posted my job for hire. Takes 6-12 mos training for my job not
counting the experience or education. I went elsewhere for more money.
On Thu, 26 Jul 2012 14:56:46 -0500, sal wrote:
> Have any of you wood pro had to deal with wrongful dismissal?If so ,can
> you share details that don't implicate legal action.
>
> Sal
I suppose you would like answers that won't land you in jail?
Alabama is an at will state, unless you have a written contract your
only recourse is to take your licks and get another job.
Laws vary, as MIKE said, check your state laws.
basilisk
--
A wink is as good as a nod to a blind horse
On 7/26/12 2:56 PM, sal wrote:
> Have any of you wood pro had to deal with wrongful dismissal?If so ,can you
> share details that don't implicate legal action.
>
> Sal
>
Check with your state's employment bureau or equivalent and ask them
about the law.
TN is a fire-at-will state, meaning you can be fired for any reason at
all, as long as it's not because of race, religion, disability, etc.
Meaning you can be fired because the boss just doesn't like your
attitude... OR because he's a racist a-hole... he just has to say it was
for a different reason. :-)
--
-MIKE-
"Playing is not something I do at night, it's my function in life"
--Elvin Jones (1927-2004)
--
http://mikedrums.com
[email protected]
---remove "DOT" ^^^^ to reply
On 7/26/12 8:44 PM, Doug Miller wrote:
> "Mike Marlow" <[email protected]> wrote in news:79100$5011f1d0
> [email protected]:
>
>> Correct. It is very dependent upon the state you live in. Like TN, NY is a
>> Work-At-Will state, which means an employer is not obligated to keep you in
>> their employ (not withstanding a legal contract), for any reason at all.
>> They are free to dismiss you at their pleasure, for any reason or for no
>> reason at all. In a Work-At-Will state, there is almost no such things as
>> wrongful dismissal unless there is a violation of some protected status,
>> violation of union negotiations, or the like.
>>
>> Other states are Right-To-Work states and the rights of the employee are
>> much different in those states.
>
> "Right-to-Work" means something rather different than you think.
>
> We just went through that here in Indiana; it was a pretty contentious issue here. "Right-to-
> Work" means that state law prohibits making employment contingent on membership in a
> labor union.
>
TN is both right to work and hire/fire at will. Policies/rules for both
are often contained under the same legislation, so using one term in the
context of expressing the other could be explained by that.
I've only had to deal with "right to work" on rare occasion. The old
guard of the local musician union would try to get you to sign up with
the union at the bigger shows in town. They'd be like, "Hey, you need
to sign this paper if you want to get paid for this gig." I'd say, "No
I don't, Tennessee is a right-to-work state," then turn around and walk
away.
--
-MIKE-
"Playing is not something I do at night, it's my function in life"
--Elvin Jones (1927-2004)
--
http://mikedrums.com
[email protected]
---remove "DOT" ^^^^ to reply
Richard wrote the following on 7/27/2012 10:02 AM (ET):
> On 7/27/2012 7:22 AM, Mike Marlow wrote:
>> HeyBub wrote:
>>
>>>
>>> I once told a vice president "If you ever again curse me in front of
>>> my subordinates, I'll hit you so hard your mother will die."
>>>
>>> Fucker fired me.
>>
>> Some guys just don't know how to take a threat - or a promise! That
>> is one
>> of the best lines I've ever heard though!
>>
>
> Yes it is!
>
> But technically it's assault.
> Follow up on it and it's assault and battery.
> Then you not only get fired, you get a new state-approved boy-friend...
That depends upon where the confrontation occurred.
In NYS, a charge of assault must have a physical injury, not just a
threat of injury.
NYS does not have a 'battery' charge by itself, or as part of another
charge.
http://ypdcrime.com/penal.law/article120.htm#p120.00
--
Bill
In Hamptonburgh, NY
In the original Orange County. Est. 1683
To email, remove the double zeros after @
Dave wrote the following on 7/28/2012 3:02 PM (ET):
> On Sat, 28 Jul 2012 09:20:48 -0400, willshak <[email protected]>
>> That depends upon where the confrontation occurred.
>> In NYS, a charge of assault must have a physical injury, not just a
>> threat of injury.
>> NYS does not have a 'battery' charge by itself, or as part of another
>> charge.
>
> Really? What about a death threat?
Menacing.
--
Bill
In Hamptonburgh, NY
In the original Orange County. Est. 1683
To email, remove the double zeros after @
In news:[email protected],
Mike Marlow <[email protected]> typed:
> -MIKE- wrote:
>> On 7/26/12 2:56 PM, sal wrote:
>>> Have any of you wood pro had to deal with wrongful
>>> dismissal?If so ,can you share details that don't
>>> implicate legal action. Sal
>>>
>>
>> Check with your state's employment bureau or equivalent
>> and ask them about the law.
>> TN is a fire-at-will state, meaning you can be fired for
>> any reason at all, as long as it's not because of race,
>> religion, disability, etc. Meaning you can be fired
>> because the boss just doesn't like your attitude... OR
>> because he's a racist a-hole... he just has to say it
>> was for a different reason. :-)
>
> Correct. It is very dependent upon the state you live
> in. Like TN, NY is a Work-At-Will state, which means an
> employer is not obligated to keep you in their employ
> (not withstanding a legal contract), for any reason at
> all. They are free to dismiss you at their pleasure, for
> any reason or for no reason at all. In a Work-At-Will
> state, there is almost no such things as wrongful
> dismissal unless there is a violation of some protected
> status, violation of union negotiations, or the like.
> Other states are Right-To-Work states and the rights of
> the employee are much different in those states.
>
> You really should talk to your state employment bureau as
> -MIKE- suggested.
And union if you're in one. I know IBEW covers a lot of stuff once they get
their fingers into a company's gonads. Precedence is their main tool from
what I've seen go down.
On Sat, 28 Jul 2012 15:02:27 -0400, Dave <[email protected]> wrote:
>On Sat, 28 Jul 2012 09:20:48 -0400, willshak <[email protected]>
>>That depends upon where the confrontation occurred.
>>In NYS, a charge of assault must have a physical injury, not just a
>>threat of injury.
>>NYS does not have a 'battery' charge by itself, or as part of another
>>charge.
>
>Really? What about a death threat?
I believe it would be classified as "menacing" and would be a class B
misdemeanor.
--
Jack Novak
Buffalo, NY - USA
On Sat, 28 Jul 2012 17:22:39 -0600, Just Wondering
>> the mail unless you send me money and you record the conversation?
>> Sounds like an "assault" to me. Maybe it might be called something
>> else, but I'd hope it's still punishable one way or another.
>
>If you do that over the phone, it would be extortion. Assault requires
>a face to face confrontation, with an imminent, credible threat of
>physical force.
Forget about the extortion part then. What if I don't like the way you
looked at me and I call you on the phone threatening to send a letter
bomb.
I believe that it's a chargeable offense, most anywhere in the US and
Canada.
On 7/27/2012 7:35 AM, HeyBub wrote:
> sal wrote:
>> Have any of you wood pro had to deal with wrongful dismissal?If so
>> ,can you share details that don't implicate legal action.
>>
>> Sal
>
> Man up and move on.
>
> I once told a vice president "If you ever again curse me in front of my
> subordinates, I'll hit you so hard your mother will die."
>
> Fucker fired me.
>
> I learned valuable lessons from that episode, chief of which was: There is
> no "warn," there is only "do."
>
>
It is always better to ask for forgiveness than to give a warning...
slight twist...
Besides that, you got no gratification..
He got it all.
On 7/28/2012 6:50 PM, Dave wrote:
> On Sat, 28 Jul 2012 17:22:39 -0600, Just Wondering
>>> the mail unless you send me money and you record the conversation?
>>> Sounds like an "assault" to me. Maybe it might be called something
>>> else, but I'd hope it's still punishable one way or another.
>>
>> If you do that over the phone, it would be extortion. Assault requires
>> a face to face confrontation, with an imminent, credible threat of
>> physical force.
>
> Forget about the extortion part then. What if I don't like the way you
> looked at me and I call you on the phone threatening to send a letter
> bomb.
>
> I believe that it's a chargeable offense, most anywhere in the US and
> Canada.
I believe that would fall under "terroristic threats" and would include
a federal felony if acted (US MAIL)...
On Sat, 28 Jul 2012 09:20:48 -0400, willshak <[email protected]>
>That depends upon where the confrontation occurred.
>In NYS, a charge of assault must have a physical injury, not just a
>threat of injury.
>NYS does not have a 'battery' charge by itself, or as part of another
>charge.
Really? What about a death threat?
Richard wrote:
> On 7/27/2012 7:22 AM, Mike Marlow wrote:
>> HeyBub wrote:
>>
>>>
>>> I once told a vice president "If you ever again curse me in front of
>>> my subordinates, I'll hit you so hard your mother will die."
>>>
>>> Fucker fired me.
>>
>> Some guys just don't know how to take a threat - or a promise! That
>> is one of the best lines I've ever heard though!
>>
>
> Yes it is!
>
> But technically it's assault.
> Follow up on it and it's assault and battery.
> Then you not only get fired, you get a new state-approved
> boy-friend...
If an assault falls on no ears but the victim, it's nothing.
Not for nothing does my mother have "SON" tattooed on her bicep.