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re: Lawyer for wrongful termination?

Posted on 7/19/16 at 7:27 pm to
Posted by Moustache
GEAUX TIGERS
Member since May 2008
21556 posts
Posted on 7/19/16 at 7:27 pm to
quote:

Louisiana is a "Right to Work" state


True

quote:

which means it will be next to impossible to win



Not true. Many companies settle just to consider the matter closed. Texas is a right to work state as most states are and my company just settled with a guy who got fired. The employee sucked and never met his deadlines, but he was a minority and got money any way.
Posted by Moustache
GEAUX TIGERS
Member since May 2008
21556 posts
Posted on 7/19/16 at 7:30 pm to
quote:

Since that time, my workload has significantly increased--more than anyone else on my team. Management changed my job description, of which I never signed or applied for this new job. Received my first letter of concern two months ago, and a sub-par review this month. Then terminated.


If you can prove your workload increased disproportionately to others, you might have a decent case of retaliation.

However, if I were you, I would've started searching for a job right around the time they changed my job description and gave me a ridiculous workload. It means they wanted you to quit but then just terminated you for not meeting the unreasonable work deadlines.
Posted by Phat Phil
Krispy Kreme
Member since May 2010
7373 posts
Posted on 7/19/16 at 7:30 pm to
quote:

Worked for large company for nine years. Superior reviews for eight years--not one negative remark. Filed a grievance against employer (not my boss) last year for a hostile work environment. Since that time, my workload has significantly increased--more than anyone else on my team. Management changed my job description, of which I never signed or applied for this new job. Received my first letter of concern two months ago, and a sub-par review this month. Then terminated.


impossible to win. unless you were fired for discrimination such as being black, gay, or both
Posted by PhilemonThomas
Member since Jan 2015
2942 posts
Posted on 7/19/16 at 7:49 pm to
Jill Craft.
Posted by doublecutter
Hear & Their
Member since Oct 2003
6579 posts
Posted on 7/19/16 at 7:57 pm to
quote:

impossible to win. unless you were fired for discrimination such as being black, gay, or both



If you are white and were discriminated against by blacks, hispanics, etc you might have a shot.

Someone I know (white) was always being teased, bullied and picked on by black coworkers, and company management knew about it and didn't take steps to correct it.

He quit and then went to the EEOC, and EEOC sent an investigator that started to ask questions about his treatment. And lo and beold, the company paid him $15,000 in "severance pay".
Posted by mikelbr
Baton Rouge
Member since Apr 2008
47482 posts
Posted on 7/19/16 at 8:05 pm to
What kind of dumb arse at-will employed(non Union non contract) employee files an official grievance?

Posted by dave11
new orleans
Member since Jan 2004
625 posts
Posted on 7/19/16 at 8:11 pm to
People are confusing "right to work" with "employment at will." They are completely different. A right to work state means it's the employees choice whether he has to pay Union dues or be a member of the Union if his working unit is unionized. Employment at will means you can be termed at any time for any reason as long as it's not a prohibited reason.
Posted by JETigER
LSU 2011 National Champions
Member since Dec 2003
7081 posts
Posted on 7/19/16 at 8:16 pm to
Sorry you aren't getting a yes from your previous employer. Try to find a yes from another employer.

Life is all about the yes's and not about the no's.

This reminds me, if you cannot get one yes from any part of work, love, or money it is not selfish to commit suicide. Suicide is an acceptable answer if a person goes decades without 1 single yes.
Posted by BayouBandit24
Member since Aug 2010
16572 posts
Posted on 7/19/16 at 8:24 pm to
quote:

Pretty sure you can be fired without reason in Louisiana.


True, unless of course the employer violates an Employment Discrimination law. That is what the OP is alleging, and, thus, he might have a viable claim.

Even in an at-will employment state the discrimination laws at the federal and state level protect employees.
Posted by notiger1997
Metairie
Member since May 2009
58122 posts
Posted on 7/19/16 at 8:28 pm to
quote:

This reminds me, if you cannot get one yes from any part of work, love, or money it is not selfish to commit suicide. Suicide is an acceptable answer if a person goes decades without 1 single yes


One of the stranger post I've ever seen on here.
Posted by beachreb61
Long Beach, MS
Member since Nov 2009
1715 posts
Posted on 7/19/16 at 9:14 pm to
"lawyer for wrongful termination? by #1TigerFan
Louisiana is a "Right to Work" state which means it will be next to impossible to win"

Right to Work means you don't have to join a union.

At Will means that employers don't have to have a reason to fire you. The terms are not interchangeable.
Posted by shutterspeed
MS Gulf Coast
Member since May 2007
63266 posts
Posted on 7/19/16 at 9:37 pm to
quote:

Also, my company is in New Jersey.


Looks like your case just sprung some legs.
Posted by PrivatePublic
Member since Nov 2012
17848 posts
Posted on 7/19/16 at 9:50 pm to
quote:

Someone I know (white) was always being teased, bullied and picked on by black coworkers, and company management knew about it and didn't take steps to correct it. He quit and then went to the EEOC, and EEOC sent an investigator that started to ask questions about his treatment. And lo and beold, the company paid him $15,000 in "severance pay".


That's a pretty big victory on his part.

Of course, a black guy would have gotten $300,000.

But I digress.
Posted by Pettifogger
Capitol Hill Autonomous Zone
Member since Feb 2012
79189 posts
Posted on 7/19/16 at 9:53 pm to
quote:

impossible to win. unless you were fired for discrimination such as being black, gay, or both



Disability and retaliation are far more consistently successful
Posted by Canard Noir
Houston
Member since Apr 2014
1397 posts
Posted on 7/19/16 at 10:04 pm to
quote:

Worked for large company for nine years. Superior reviews for eight years--not one negative remark. Filed a grievance against employer (not my boss) last year for a hostile work environment. Since that time, my workload has significantly increased--more than anyone else on my team. Management changed my job description, of which I never signed or applied for this new job. Received my first letter of concern two months ago, and a sub-par review this month. Then terminated.


So you worked for a company for 9 years, considered it hostile, and stayed. Why would you do that to yourself?
Posted by KillTheGophers
Member since Jan 2016
6211 posts
Posted on 7/19/16 at 10:12 pm to
Fisher Phillips - New Orleans is your answer.

Be prepared to pay $$$ but each penny spent is well worth it.

I am not an attorney or a paid attorney spokesman.
Posted by Goldrush25
San Diego, CA
Member since Oct 2012
33794 posts
Posted on 7/19/16 at 10:37 pm to
quote:

Since that time, my workload has significantly increased--more than anyone else on my team. Management changed my job description, of which I never signed or applied for this new job. Received my first letter of concern two months ago, and a sub-par review this month. Then terminated.



Were you subpar? They're going to say the dismissal was due to poor performance.
Posted by casualobserver
Baton Rouge
Member since Oct 2011
142 posts
Posted on 7/19/16 at 11:00 pm to
Jean Paul Robert in Gonzales.
Posted by Cold Cous Cous
Bucktown, La.
Member since Oct 2003
15045 posts
Posted on 7/20/16 at 9:07 am to
quote:

Right to Work means you don't have to join a union.

At Will means that employers don't have to have a reason to fire you. The terms are not interchangeable.

About once a year I do this pro bono presentation to introduce the basics of business law to owners of small companies. Without fail, when the employment guy finishes his part of the speech, someone raises their hand and says something like "But Louisiana is right to work - that means you can't be sued for firing someone!"
Posted by 756
Member since Sep 2004
14865 posts
Posted on 7/20/16 at 9:29 am to
Retaliation only comes into play if they violated fed laws of discrimination. STILL hard to prove.
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