No more Home Depot Termination...

I'm happy I'm gone, but the way I got fired was totally uncalled for. I had never missed a day of work, have never been written up, and did everything I thought I could do by the book. I worked there for 7 months. I passed my 90-days a long time ago got a raise. I got fired because of a respect issue between me and one of my supervisors that's exactly what they wrote. The thing that puzzles me is that I was never told of any problems. I've talked to my Manager on seperate occasions about issues between me and my supervisor and he told me he would handle the situation. I think he folded on me. I think it's very funny that other people get written up and get warnings and or can miss days of work and nothing happens to them. Human Resource fail to call me back. I had to wait 2 days out of work before someone would set up a meeting.

Well I'm not to sure what the future holds for me and my monte. I need to find work asap to pay my 15k loan, but I will not take this termination sitting down. From one monte carlo lover to another keep me in your prayers.
Thanks!

If I must sell my ass on the corner in some red pumps and a mini to pay for my monte i will, I love that car ... lol 

Shitty deal... Go in the military? lol hell i dunno..

Are you in a union? if so, what they did was illegal, and you should by all means look into a lawyer.

We are seeking legal steps, and are going to the EEOC with the matter. I have been documenting everything from day one ... 

That sucks man! I wish you the best of luck.

Buddy... What you have described in a wrongful termination lawsuit!  Now... You already have them, because you have NO WRITTEN warnings, and IF, what you said about the other employees is true... the management team has established precedent, and any good lawyer will have them by the short hairs.  EVEN IF YOU LIVE IN AN "AT-WILL" STATE!    PRECEDENT was established and they broke it, just to terminate you...  BAD, BAD, COMPANY... CAUSE NOW I OWN YOU!
 
Naw... but it will get your job back, and all lost salary, and may be a little more for pain & suffering -- along with your lawyers fees!
 
Now.. Don't waste any time... Scoot down to your Lawyers Office TODAY!

Ye, thanks-guys! I'm trying to get in touch with the EEOC to tell my side, I have a lawyer who is susposed to call me back asap she called eariler today I wasn't here ... 

I'm mailing a letter to Home Depot Corporate Office about the incident and what my job included and my duties, and the incident and what harrassment I had also recieved from my supervisor also!

Good luck, but dont hesitate trying out for unemployment insurance.

Good luck, man.  I hope it works out for ya.  I would say I hope you get your job back.  But I got to wondering.  I know the job market isn't good, and you need a job.  But if you win and you get your job back,  they may put a target on your back and make your life miserable.  I'm guessing that, this time the supervisors / managers will still harass you, but be very careful about it.  Would you really want to go back into that situation?
 
I really hope the best for ya.  And I hope you find a job you enjoy where you get the respect you deserve.
 

I hate to be the bearer of bad news, but I must disagree with our friend Black Attack. California is definately an "at-will" state, which means (among other things) that employers can fire employees for good cause, bad cause, or no cause at all, unless there was some sort of written pre-employment contractual agreement. However, employers cannot violate "public policy" in the process, nor can they violate federal/state discrimination laws, of course. Apart from this, they can fire you simply because they don't like the way you part your hair.

Look. Every terminated employee has the option of pursuing civil recourse...even in at-will states. However, unless you can prove that your employer violated public policy, and/or discriminated against you illegally, you're going to have a tough row to hoe, my friend. I was a supervisor of quasi-union employees in an at-will state (Missouri) for 21-years, so I know a little bit about the subject.

If you can find an attorney who will take your case on a contingency basis, by all means go for it. However, I'd pass on any attorney who wants to be paid up front, or demands to paid whether you win or lose.  I wouldn't count on much help from the EEOC, unless your case involves blatant illegal discrimination.

I don't want to be the bad guy here, but I don't want to see you get your hopes up, only to suffer a big disappointment later.

If there were on going incidents with the supervisor and you wrote these down you stand a better chance of winning any kind of litigation.
 
And them being able to do whatever they feel like to you, Ohio is the same way. An employer can do anything to you short of killing you and all you can do is put up with it. I know. I went through something like that in the 1980s with a job I had for 8.5 years. I got tendonitis in my right wrist one day at work and they fired me cause I couldn't do my job anymore. The company made it so I had to get a lawyer to protect myself.
 
I went through a year with no job before Worker's Comp decided one way or the other to pay for the surgery I needed on my wrist. After theropy I tried going back to my job. The owner's son said if I came back:
1. A $2/hr pay cut.
2. 90 days probation.
3. My job level would be cut by 2 levels.
 
It wasn't worth going back. So I put myself through collecge trying to better myself.
 
Good luck with this turning out in your favor. We're pulling for you.
 
 
 

quote:

ORIGINAL: Twisted_Metal

Ye, thanks-guys! I'm trying to get in touch with the EEOC to tell my side, I have a lawyer who is susposed to call me back asap she called eariler today I wasn't here ... 

NO!!!  DO NOT CONTACT THE COMPANY!!!  DO NOT TALK TO ANYONE FROM THE COMPANY WITHOUT YOUR LAWYER PRESENT!!! Anything you say can, and will be, used against you in a court of law!  I promise some sweet talking individual is going to call you...  They are going to ask you every detail...  They are your buddy (NOT!)  What they are, is gathering evidence and that WILL be used against you!  I know...  It was part of my job (when I was with the corporation) to do just that... People like to talk to people that they think are "Out to Help"...  People sometimes embellish and those embellishments can be used to make you out a lair!  Discredit you!  Turn you into a Bad Person!  Little inconsistencies in your story become HUGE LIES!  That is why, you are asked the same question a dozen times, a dozen different ways (your lawyer is looking for this and will point out - that has been asked and answered).  I was trained to do this, but when it is you being asked, you may not recognize the linkage.  It is for that reason, when I was in the corporate world, I carried a tape recorder and taped almost every converstation I had - No it IS NOT illegal to record your conversations -- if the intended use is only for notation.  It however, cannot be used in a court of law!  But relistening to them, keeps events fresh in one's mind.

Now, shut up, relax, and let your lawyer do the talking from this point out!
 
Michigan

I talked to a lawyer and told her what happened and she doesn't think I have anything, but she did say she would get back to me on the issue.
Anyhow I told her I have yet to sign my terminaton papers. I asked her what should I do. She said she would talk to a attorney and see if they say anything. They called me back the same day and asked for a copy of the termination papers. I called work and was told I cannot have a copy of my termination papers because I failed to sign them. Basically they want me to sign something without fully understanding what I'm signing thus the reason I didn't sign them in the first place.

I suspect the termination papers aren't what they are claming them to be you know ... 

quote:

ORIGINAL: Twisted_Metal

1. I talked to a lawyer and told her what happened and she doesn't think I have anything, but she did say she would get back to me on the issue.

2. Anyhow I told her I have yet to sign my terminaton papers. I asked her what should I do. She said she would talk to a attorney and see if they say anything.
 
3. They called me back the same day and asked for a copy of the termination papers.
 
4. I called work and was told I cannot have a copy of my termination papers because I failed to sign them.
 
5. Basically they want me to sign something without fully understanding what I'm signing thus the reason I didn't sign them in the first place.

I suspect the termination papers aren't what they are claming them to be you know ... 

 
1. This line indicates you called a law office and spoke with a receptionist or at best a law clerk.
 
2. This statement re-enforces the fact you did not talk to an attorney but a clerk at best.
 
3. This statement indicates that a REAL LAWYER was interested and wanted to see the evidence and facts involved.
 
4. OK... you're young and didn't know, but you ALWAYS get copies at the time.
 
Is the law office you contacted employment or labor specialist?
 
Did they, at the time of termination, pay you ALL monies owed to you (paycheck, vacation pay, etc.?  State & Federal Wage & Earnings Laws require this!  Failure to give you all monies owed to you within 24-hours could result in an audit, pad locking of the business's doors until compliance, and fines.
 
 
 
 

They haven't paid me any money ....  
They stated they wouldn't pay me a dime until I sign the termination papers.
I want to know what those termination papers say before I sign them thus the reason I didn't sign them.

I dont know much about this subject but I once had to be present when firing one of our enployees to translate. We asked him to read and understand the temination papers then sign them.but he declined. He then wanted a copy of them but our supervisot told him that without signing them he couldn't get a copy. But we did cut him his checks and were mailed out the same day.

quote:

ORIGINAL: Twisted_Metal

They haven't paid me any money ....  
They stated they wouldn't pay me a dime until I sign the termination papers.
I want to know what those termination papers say before I sign them thus the reason I didn't sign them.

 
NEVER SIGN THEM!  Monday morning, you need to make 2-phone calls.  First call goes to your State's Wage & Earnings Bureau, and the second call to the Federal Wage & Earnings Bureau.  The Feds will not react immediately, because they will wait to see what the State office does first, but if the state is low to act, the Fed will (Only because Home Depot is a National Company with Headquaters outside your state)
 
MAN... The importance of carrying a recorder, or even using your cell phone's recorder.  Especially when you are called into an Office for ANY Talk or Meeting.  You are legally allowed to tape record the conversation for record keeping purposes - EVEN if THEY say you CANNOT!  WRONG!  YOU CAN!
 
MOST MANAGERS are not trained in Labor Law Practices, and MOST WILL say something STUPID that will put the company into trouble.  This is not a lesson on how to screw over an employer, but one of protecting yourself!
 
Again, a lawyer needs to know that your boss told you, "You're not getting a dime until you sign this paper!"  Because, again, this is another ILLEGAL statement.
 
I know some of the members have told you, there is nothing you can do...  But what you need to realize is, it doesn't matter what the "LAW" states, but what a "JURY" thinks...  Innocent people go to jail, guilty people are set free, lawsuits are won & lost, not based on the "LAW", but, what a "JURY" thinks!
 
If you don't know where to turn... then contact your local television news company - one that has one of those Investigator Reporters - and tell them your tale.  That last statement you made, "Won't pay you a dime until you sign," is a VERY POWERFUL statement that a IR would JUMP ALL OVER! and Home Depot is a large enough company, the TV News would Love to go after.
 
All I am trying to do, is help you get what you deserve.

im not going to get into this .only because i know nothing about it ...

but by reading what BLACK ATTACK has been saying ..i would do it

he knows what hes talking about

Once again thanks for the support. I will admit or have already shown I don't know to much about where to go or who to talk to about this issue, but Thank-you! BLACK ATTACK for the info. I did contact the State Wages & Earnings. I will be happy to announce they have notified me that I do not need to sign any papers to get my money as you've already stated. State Wages will send a agent out to Home Depot and find out about my money. I feel a little better now knowing someone is on my side. I do not have any lawyer assistance anymore they have cut me dry (a total waste of time) and instead gave me some numbers to call. One number in particular is the California B.A.R. I contacted them, but no one answered. I will try again ..

My dad insist that I send all my info to Corporate Home Depot including everything that I documented from day one of  issues that have happend. I have a total of six pages worth of infomation.

Craig, you seem to be know a lot about this subject, but I must tell you that what you said about a jury's opinion overriding the law is simply not accurate:

"I know some of the members have told you, there is nothing you can do...  But what you need to realize is, it doesn't matter what the "LAW" states, but what a "JURY" thinks...  Innocent people go to jail, guilty people are set free, lawsuits are won & lost, not based on the "LAW", but, what a "JURY" thinks!"

Apparently, you're not aware of "judgement notwithstanding the verdict", or "Judgement N.O.V." as it is called in legal mumbo-jumbo. In the American legal system, there are several diffent types of verdicts; however, a "verdict" is basically a decision (or opinion, if you will) by a jury regarding the factual aspects of a civil or criminal trial. Once a verdict has been issued, the trial judge renders a "judgement", which is the legal and final finding of the court. In determining judgement, the judge must apply the law to the facts of the case (as determined by the jury), while also considering legal precedence. If the law does not support the verdict, the judge will render a "Judgement N.O.V." - essentially a judgement in spite of the verdict.

Our laws (and legal system) have become quite complicated in this country (attorneys would have it no other way), and sometimes judges make legal errors in rendering a judgement. This, of course, is where the courts of appeal come into play. Keep in mind that judges, for the most part, do not enjoy having their rulings and judgements overturned by an appellate court.  

"MAN... The importance of carrying a recorder, or even using your cell phone's recorder.  Especially when you are called into an Office for ANY Talk or Meeting.  You are legally allowed to tape record the conversation for record keeping purposes - EVEN if THEY say you CANNOT!  WRONG!  YOU CAN!"
 
In Illinois this is felony eavesdropping, you cannot record without both of the parties consent, unless its not a conversation that is considered private.
 
At a second look, maybe you should stopping recording sounds its a felony in Michigan also, there is no exception for notetaking.
 
"750.539c Eavesdropping upon private conversation.

Sec. 539c.
Any person who is present or who is not present during a private conversation and who wilfully uses any device to eavesdrop upon the conversation without the consent of all parties thereto, or who knowingly aids, employs or procures another person to do the same in violation of this section, is guilty of a felony punishable by imprisonment in a state prison for not more than 2 years or by a fine of not more than $2,000.00, or both."
 
 

i agree with gale155
it a judge's verdict doesnt agree with the case law, it will be likely overturned in appeals. 
also what gale155 is getting at in layterms is that a judge does not have to follow a jurys instruction.  Jury's are kind of a suggestion.  Happens alot in civil cases with huge settlements.  Its seems to me that it is rare to rule opposite of a jury though, i think they'd rather keeep the appeals courts busy.

Ah... Well, that law is definitely not enforced!!!  in any state!!!
 
For I have recorded conversations for years (in just about every state in the United States, and dealership and other sales/customer service oriented businesses record all phone calls -- both incoming and outgoing.  I can also promise you MOST corporations, Police Departments, and Government Offices not only record your conversations, they read both your incoming and outgoing emails as well.  Or... conversations taking place at a business are not classified as "Private", thus making it legal to record as notation!  Also making any meeting, for whatever the reason, subject to recording for notation purposes.  Businesses cannot have it both ways!  So most businesses are either breaking the law, the law does not apply to business, or that law is NEVER ENFORCED!
 
GALE (Officer of the Law) I repectfully disagree (so don't hunt me down and give me a ticket.  While a judge can throw out a jury's decision, it is very rare indeed, that an "Elected" judge would!  Thus the reason why judges in the court of appeal are placed by appointment.  However, decisions are rarely overturned, as you well know.  What would you say is the percentage of cases a court of appeals overturns, may be, may be 5%.

Please note that I amended a portion of my previous post, as follows:

"Keep in mind that judges, for the most part, do not enjoy having their rulings and judgements overturned by an appellate court." Initially, I left out the word "not", which I'm sure caused some confusion.

Let me make one thing perfectly clear - I am no longer a police officer. I retired in July, 2005, after a total of 30-years in the biz. In my "retirement", I currently work in casino security.

As you suggest, judgements notwithstanding the verdict are rare, as are appeals. Nevertheless, I've seen  them  many times over the years, in both criminal and civil trials. As for the actual percentages, I must admit that I haven't a clue. I'll do some research on that, and get back with you.