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  1. #1
    Join Date
    Oct 2012
    Posts
    13

    Default 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.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default 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?

  3. #3
    Join Date
    Oct 2012
    Posts
    13

    Default Re: Got My Boss to Admit in a Text He Had Set Me Up Due to My Age

    - - - Updated - - -

    Quote Quoting Dogmatique
    View Post
    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.

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