Set Up to be Fired Due to My Age
Long story made short. I was in an incident in 2012 where one of my fellow employees turned me in saying I had hit them (I had not) instead I had placed my hand on his shoulder and asked him to move so I could continue my work on the electrical system. The kid then slammed his fist into my stomach. I immediately took him to our supervisor and explained the situation. I have been working at this job since I was 32 and now I'm 63 (30 years at the time of the incident). Both myself and the kid who is 24 were given 2 days leave without pay until they decided what shall be done. Turns out after 2 days i was told I was going to be terminated and or they would allow me to resign since in my 30 years there I had never had a single incident or write up. The kid on the other hand, got to keep his job, as HR told me he was "acting in self defense." Both my supervisor and the kid made reports saying that I had hit him first (which isn't true).
SO HERE IS WHERE IT GETS REALLY INTERESTING:
5 months later, I was having a horrible day, couldn't find a job for the life of me. I was livid. I called my old supervisor who lied and got me fired and ripped his ass. Turns out, he was very intoxicated when I called that Friday night. After our phone call, he sent me a text message, making what I believe is a huge mistake on his part. His message straight up admits that "he and the kid had set me up and that it was due to my old age." He also went on to say "it would free up a lot of money in the company for them and that I needed to get the "****" over it. Life's tough"
So my questions are:
1) obviously I saved these texts and also backed them up on my phone. As well as printed out the online phone call and text records. So what should my first step be? Go to HR who wrongfully fired me and show them the texts and ask for my job back + a raise? Go to a lawyer first? What?
2) obviously the supervisor of mine who set me up is going to deny ever sending those texts. He will have to admit to texting me since his phone text log from his company and mine will show it. However, he can try to say that he never actually said what was said in the texts (even though it is clear as day on my phone.) Will a phone company be able to actually prove that that is what was said in the texts? It has been about 5 days now since this happened and I've just gotten back into town from a family emergency tonight and have full intentions to pursue it starting tomorrow (day 6). I have heard rumors that a text message subpoena will only work for criminal cases, would this fall under a criminal case? Would any phone company be able to prove that those texts are in fact exactly what he had sent me so that he cannot deny it?
Any questions feel free to ask. Thanks.
Re: Got My Boss to Admit in a Text He Had Set Me Up Due to My Age
How are you going to prove he actually sent the texts?
Basically you harassed someone (possibly criminally, actually), who responded while he was evidently intoxicated. Do you really think that's going to result in anything positive for you?
Re: Got My Boss to Admit in a Text He Had Set Me Up Due to My Age
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Dogmatique
How are you going to prove he actually sent the texts?
Basically you harassed someone (possibly criminally, actually), who responded while he was evidently intoxicated. Do you really think that's going to result in anything positive for you?
who else could of sent them? His wife? It's directly from his phone number. Same guy that my call records showed I had a 7 min convo with just 8 min before he sent the text.
also, when I first called him, it was in no way an attempt to harass him. I just wanted and answer to ease my conscious because of how bad of a day I was having. He then started to get mouthy, so I ripped his ass for destroying my life. My retirement. My family. etc.
Re: Got My Boss to Admit in a Text He Had Set Me Up Due to My Age
By all means speak to a local employment attorney to guide you further.
Be sure to explain your own actions - because they certainly don't help you.
(As far as who sent the texts, these things are - believe it or not - very easily spoofed. There are cases where the actual accuser was eventually found to have spoofed the messages him/herself in order to "frame" the accused)
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Also, are you in counseling at all? That would probably help.
Re: Got My Boss to Admit in a Text He Had Set Me Up Due to My Age
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Quoting
Dogmatique
By all means speak to a local employment attorney to guide you further.
Be sure to explain your own actions - because they certainly don't help you.
(As far as who sent the texts, these things are - believe it or not - very easily spoofed. There are cases where the actual accuser was eventually found to have spoofed the messages him/herself in order to "frame" the accused)
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Also, are you in counseling at all? That would probably help.
Please explain what you mean by counseling? I didn't think I needed to see anyone as I truly did not commit the crime. I went over 30 years without ever being written up once.
And that is what I was saying. He can claim the messages were spoofed, so is it possible to get a subpoena from the courts for the actual original messages he had sent me proving they match identically? It's only been 6 days since I received them...
Thanks again for your help.
Re: Got My Boss to Admit in a Text He Had Set Me Up Due to My Age
Being angry enough to call someone and let rip as you did, five months after the fact, does suggest that anger management might help you a little.
Please, speak to a local employment attorney.
Good luck.
Re: Got My Boss to Admit in a Text He Had Set Me Up Due to My Age
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Quoting
Dogmatique
Being angry enough to call someone and let rip as you did, five months after the fact, does suggest that anger management might help you a little.
Please, speak to a local employment attorney.
Good luck.
Ok, will do. And I take it you are not sure whether or not the texts can be brought back via a subpoena? Or do they only do that for criminal cases? Or does this constitute a criminal case?
And yes I was angry, but I was set up, my life was destroyed. I have been in a living hell since this incident. I acted incorrectly but I was pushed hard to do so.
Re: Got My Boss to Admit in a Text He Had Set Me Up Due to My Age
Yes, they can be subpoenaed for a civil case. Then your attorney will have to get them admitted as evidence (assuming this ever goes to trial, which I doubt at this point).
And please don't think I'm unsympathetic - because I'm not. I see a man who has worked his entire life, and who was - seemingly - provoked into an action that may be quite the anomaly in his life. It's actually saddening for anyone to be put in such a position.
I don't believe anything criminal happened here; at least not anything immediately actionable. I also wonder what good getting your job back would do - if they want you out, they're going to simply find another way to get rid of you.
This is why I want you to speak with an attorney, and lay down all of the facts. Many will give you a free or low-cost initial consultation so at least you know where you stand.
I truly do wish you luck. And if what you say actually transpired as you said, I also hope that you reach some sort of settlement and gain some relief.
Re: Got My Boss to Admit in a Text He Had Set Me Up Due to My Age
Whether or not the carrier will have records of the texts depends upon the carrier. Some have extremely detailed records of texts; others don't.
If the texts create a plausible case that this was age discrimination designed to get rid of an employee over the age of 40, and from what we've been told that appears to be what they suggest, that's a good foundation for an employment lawyer to start from. If the supervisor is that careless about his texts, one wonders what else a subpoena might turn up....