Page 3 of 4 FirstFirst 1 2 3 4 LastLast
Results 21 to 30 of 35
  1. #21
    Join Date
    Nov 2013
    Posts
    6,222

    Default Re: Waiver

    Quote Quoting OnTheRun
    View Post
    What are others inputs on 1-3?

    FYI - The attorney is telling me that it is a precedence; not that they are required to hire me back. With precedence the reason for elimination is not "policy".

    Other's opinion on 1-3 pls

    FYI - the attorney is telling if there is precedence then the reason given for the termination is not "policy". If it is not a firm policy then it is not misconduct.
    Could you get an old boyfriend/girlfriend to love you? No you can't no matter what you say or do. It is the same thing here. You will not get the company to rehire you.

    Move on.

  2. #22
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    23,903

    Default Re: Waiver

    NONE of which guarantees you a rehire, or grants you any kind of legal recourse if you don't get one.

  3. #23
    Join Date
    Mar 2018
    Posts
    19

    Default Re: Waiver

    Why is the consensus not use a private investigator?

    I really need to get that job back.

  4. #24
    Join Date
    Oct 2016
    Posts
    2,885

    Default Re: Waiver

    Because it doesn't matter a bit if they have rehired someone else back that was previously terminated. Even if they did it doesn't mean they have to hire YOU back.

  5. #25
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    2,891

    Default Re: Waiver

    You won't get that job back. Ever. Not under any circumstances. Period.

    If you use a private investigator, it will cost you money which you also won't get back. It will seriously irritate your former employer, to the point where the police are called and harassment charges will be laid against you. And your chances of prevailing over your former employer when you're dragged into court about your harassing behaviour are exactly nil.

    So not only will you not get your job back, you will also wind up with a criminal record. This is not a millstone you want around your neck when you finally start looking for work elsewhere.

    (And please keep in mind that your former employer is legally free to tell anyone who asks about your harassing behaviour. If you do manage to get close to obtaining a job offer from another employer and that other employer calls your former employer for a reference, all your former employer has to say is "well we not only had to fire him but then he harassed us so much we seriously considered calling the police on him" and you can kiss that job offer good-bye.

  6. #26
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    23,903

    Default Re: Waiver

    Let's say your private investigator determined that there was someone who was fired under the exact same circumstances as you without any variation whatsoever. That person did A, B and C and was hired back. Okay, there's your precedent. So you do A, B and C.

    You know how much legal obligation that precedent means with regards to hiring you back?

    Zip. There is NO legal obligation on the part of the employer to hire you back, even WITH precedent. None. Zero. Negative. Nyet. Nada.

    How much time and money are you prepared to put into a losing proposition?

  7. #27
    Join Date
    Aug 2013
    Posts
    282

    Default Re: Waiver

    Agreed with the other answers. If there was a betting site that I could bet $100 that the OP will fail and fail big time on this pursuit, I would take that bet, as would likely almost ever other poster.

    Could there be a court decision going the other way? Sure. So what. There are a lot of court decisions, and if one of them says "up is down" but all the rest of them say "no, down is down, dummy", guess which way the next court decision will almost certainly go.

    I can remember when occasionally the court would issue a decision that severance pay was not subject to FICA/FUTA taxes, my bosses wanted to immediately file for refunds and start changing who we handled things, and I very strongly argued to wait for the appeals to work out. I put this in writing and copied Very Senior Management, who pissed and moaned but held back until IRS did indeed win on appeal (over and over again). There are always out lying court decisions, but these decisions rarely last through appeals.

    The OP is talking about no supporting court decision at all. Just the possibility that some employer at some time in the history of the world might have rehired someone with sort of similar facts. Maybe Agamemnon being forced to rehire Achilles. This is not precedence. This is a best very wishful thinking. This is at worst "get a psych evaluation now" territory when someone cannot judge fact from fiction. The OP has better chance of being elected the next President of the USA then they do forcing their prior employer to rehire them. There are very, very few legal precedence for the employer being forced to rehire an employee. Even if a wrongful termination could be proved, and the OP has said nothing supporting this action, at best there would be monetary damages, not a forced rehire.

  8. #28
    Join Date
    Jul 2018
    Posts
    1,300

    Default Re: Waiver

    Quote Quoting OnTheRun
    View Post
    I did attempt to find someone else who was fired and re-hired by the firm as was suggested by a lawyer. I did find this person but this person was on contract and not a direct hire which I was.

    I have had one Private Investigator offer for a small fee to investigate this possibility. My concern with this is 1) the investigator said he will do this with calls to people he knows that work there 2) the company will be alerted to the inquires and come to some conclusion it is me seeking this information. 3) the investigator will be required to give the firm the name of the person who hired the private investigator. I'd like the panels inputs on #2 and #3.
    I can barely understand what you're talking about, but it seems pretty clear that you don't have any legal issue.

    As far as your request for "input," what difference does it make if someone else "was fired and re-hired"? You wrote that some "lawyer suggested . . . that if [you] could find another person who was eliminated for the same reason and re-hired [you'd] have precedence [sic] to be considered for re-employment." That's just plain silly unless you are/were a civil service employee or a member of a labor union that has a collective bargaining agreement with your former employer. Unless one of those things is true, "precedent" is meaningless.

    Beyond that, we have no conceivable way of knowing (1) if phone calls that some private investigator might make to people we don't know will or won't "alert" the company to the inquiry; or (2) if anyone currently employed by the company will reach a conclusion that you're the one seeking the info (or any other conclusion). As for the investigator being "required to give the firm the name of the person who hired" him/her, no such legal requirement exists, but it might be that someone might be willing to give out certain information only if the PI identifies his/her employer.

    My guess is that you're only continuing with these inquiries to see how long folks here will continue to waste their time with you. As for me, I'll now be adding you to the list of folks whose posts I block.

    Quote Quoting OnTheRun
    View Post
    I really need to get that job back.
    Not our problem.

  9. #29
    Join Date
    Nov 2013
    Posts
    6,222

    Default Re: Waiver

    Quote Quoting OnTheRun
    View Post
    I really need to get that job back.
    Then you shouldn't have lost in the first place. Sometimes you can't go back.

  10. #30
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    23,903

    Default Re: Waiver

    And here's something else for you to consider.

    For the sake of argument, let's suppose that you find some Very High Priced Lawyer who hires a Very Expensive Investigator and finds a set of facts that convinces the employer (wrongly, because no such set of facts exists outside the exceptions that have already been indicated) that they are obligated to hire you back. Hey, great, you won!

    Now, the company has been forced, very much against their will, to bring you back. You think they're going to be happy about that? You think all will be smooth sailing after that?

    Think again. That code of conduct you've been so concerned about? Better make sure you follow it religiously every hour of the day.

    Due on the job at 9:00? Better hope that the overturned tractor trailer on the road ahead of you doesn't keep you there too long, because at 9:01, you're late and can be fired for it.

    Sick with the flu before you've been there long enough to qualify for FMLA? Even WITH a doctor's note, they're free to let you go for missing work.

    Computer down and you submit a report a day late? Not performing to standard, don't slam the door on the way out.

    Are you getting the picture here?

    1. Sponsored Links
       

Page 3 of 4 FirstFirst 1 2 3 4 LastLast

Similar Threads

  1. Getting Fired: Can You Be Fired for an Act Not Prohbited in the Employee Code of Conduct
    By Deadoceans in forum Employment and Labor
    Replies: 6
    Last Post: 06-25-2017, 01:50 PM
  2. Is There a Code of Conduct for the Parents
    By 525601minutes in forum Child Custody, Support and Visitation
    Replies: 2
    Last Post: 05-18-2010, 08:14 AM
  3. Speeding Tickets: Prosecutor's Code of Conduct in the Court
    By jslabana in forum Moving Violations, Parking and Traffic Tickets
    Replies: 5
    Last Post: 04-22-2010, 10:58 AM
  4. Disorderly Conduct: New York Penal Code 240.20-2 Disorderly Conduct Violation
    By Skytow in forum Criminal Charges
    Replies: 1
    Last Post: 11-12-2008, 08:10 PM
  5. Student Discipline: Email Policies and Code of Conduct
    By deathcode in forum Education Law
    Replies: 1
    Last Post: 10-02-2008, 06:48 PM
 
 
Sponsored Links

Legal Help, Information and Resources