Comments on: YOU’RE FIRED! Will you do us a favor and sign this before you go? http://www.jibberjobber.com/blog/2007/02/05/youre-fired-will-you-do-us-a-favor-and-sign-this-before-you-go/ advocacy for the job seeker Fri, 20 Nov 2009 15:49:31 -0700 http://wordpress.org/?v=2.8.4 hourly 1 By: Unlawful Termination :: Career-Resumes® :: Former resume expert for Monster.com http://www.jibberjobber.com/blog/2007/02/05/youre-fired-will-you-do-us-a-favor-and-sign-this-before-you-go/comment-page-1/#comment-413082 Unlawful Termination :: Career-Resumes® :: Former resume expert for Monster.com Sat, 01 Aug 2009 14:02:19 +0000 http://www.jibberjobber.com/blog/archives/377#comment-413082 [...] One of my favorite posts on the JibberJobber blog is YOU’RE FIRED! Will you do us a favor and sign this before you go? [...] [...] One of my favorite posts on the JibberJobber blog is YOU’RE FIRED! Will you do us a favor and sign this before you go? [...]

]]> By: Robert Merrill http://www.jibberjobber.com/blog/2007/02/05/youre-fired-will-you-do-us-a-favor-and-sign-this-before-you-go/comment-page-1/#comment-408924 Robert Merrill Sat, 04 Jul 2009 14:18:23 +0000 http://www.jibberjobber.com/blog/archives/377#comment-408924 Oh, don't contact anybody at that company unless you ABSOLUTELY trust them that they will not talk about you to their managers or any one who might. If there is documentation (or a LACK of documentation) there that may prove what happened, and it comes out that you're sniffing around for information, one thing is for SURE, it will get lost, shredded, altered, destroyed or alternative documentation will get mysteriously created to show that the company did everything right. DO NOT raise any red flags about you to the company. Let you attorney do that, with a supboena. In the military, this would be called "Shock and Awe". :) Oh, don’t contact anybody at that company unless you ABSOLUTELY trust them that they will not talk about you to their managers or any one who might.

If there is documentation (or a LACK of documentation) there that may prove what happened, and it comes out that you’re sniffing around for information, one thing is for SURE, it will get lost, shredded, altered, destroyed or alternative documentation will get mysteriously created to show that the company did everything right.

DO NOT raise any red flags about you to the company. Let you attorney do that, with a supboena. In the military, this would be called “Shock and Awe”. :)

]]> By: Robert Merrill http://www.jibberjobber.com/blog/2007/02/05/youre-fired-will-you-do-us-a-favor-and-sign-this-before-you-go/comment-page-1/#comment-408922 Robert Merrill Sat, 04 Jul 2009 14:13:58 +0000 http://www.jibberjobber.com/blog/archives/377#comment-408922 @justme You have rights that were not handled well. I am sure the company you worked with did a fair job on their end to make sure these details were washed away. If what you explain here is fully true, you have grounds here for at least investigating a Worker's Compensation claim (to pay your medical expenses for your arm injury, and to provide you with reasonable work for reasonable pay, or to pay you for lost work damages) You also may have a wrongful termination suit you can file as well, which should help you get back on your feet. HOWEVER, the unemployment ruling is likely right.... you were not laid off and its unclear weather you quit or you were fired in the eyes of your state. Obviously, you <i>wanted</i> to go to work, but the fact is that you didn't show up, and I am sure the papers filed from the company say you didn't show up, or you were an absentee or something of that effect. THE MOST IMPORTANT thing you need to figure out is <b>can you prove</b> that you got hurt AT WORK. Who threw the package of frozen food to you? Will they testify about the exact work you were doing? (They might be fired for it... are they willing to do that?)Is it reasonable and rational to assume that catching those frozen foos is something that COULD be dangerous to you or someone similar to yourself in size and weight, without additional safety precautions being taken. Accidents DO happen.... you're not trying to prove it's ALWAYS dangerous, just that it could be, in the right (or wrong) circumstancesWhat do your doctor's notes explain about the injury? You have a right to those records... Would any other people in your life have the ability to make a judge believe and understand your story? Maybe someone you complained to about the injury... someone who went to the doctor with you? The BIG problem you face is its clear your relationship with the people you worked with was NOT GOOD and that can harm you big-time. Are any of those people willing to stand up for you? The company is NOT on your side, but is there any information you can get from them about what happened? If you can prove this case somehow, I would recommend calling an attorney and asking for a consultation. If you can find one that specializes in workman's compensation cases AND wrongful termination, that is your best option... they will know what to do, and if your case is solid. You may not be able to pay... make sure that's clear up-front. If you have a good case, they will likely take it anyway. I would avoid the "one call, that's all" traffic accident attorneys you see on T.V., but that's just my opinion. Good luck. @justme You have rights that were not handled well. I am sure the company you worked with did a fair job on their end to make sure these details were washed away.

If what you explain here is fully true, you have grounds here for at least investigating a Worker’s Compensation claim (to pay your medical expenses for your arm injury, and to provide you with reasonable work for reasonable pay, or to pay you for lost work damages) You also may have a wrongful termination suit you can file as well, which should help you get back on your feet.

HOWEVER, the unemployment ruling is likely right…. you were not laid off and its unclear weather you quit or you were fired in the eyes of your state. Obviously, you wanted to go to work, but the fact is that you didn’t show up, and I am sure the papers filed from the company say you didn’t show up, or you were an absentee or something of that effect.

THE MOST IMPORTANT thing you need to figure out is can you prove that you got hurt AT WORK.
Who threw the package of frozen food to you? Will they testify about the exact work you were doing? (They might be fired for it… are they willing to do that?)Is it reasonable and rational to assume that catching those frozen foos is something that COULD be dangerous to you or someone similar to yourself in size and weight, without additional safety precautions being taken. Accidents DO happen…. you’re not trying to prove it’s ALWAYS dangerous, just that it could be, in the right (or wrong) circumstancesWhat do your doctor’s notes explain about the injury? You have a right to those records… Would any other people in your life have the ability to make a judge believe and understand your story? Maybe someone you complained to about the injury… someone who went to the doctor with you?

The BIG problem you face is its clear your relationship with the people you worked with was NOT GOOD and that can harm you big-time. Are any of those people willing to stand up for you? The company is NOT on your side, but is there any information you can get from them about what happened?

If you can prove this case somehow, I would recommend calling an attorney and asking for a consultation. If you can find one that specializes in workman’s compensation cases AND wrongful termination, that is your best option… they will know what to do, and if your case is solid.

You may not be able to pay… make sure that’s clear up-front. If you have a good case, they will likely take it anyway.

I would avoid the “one call, that’s all” traffic accident attorneys you see on T.V., but that’s just my opinion.

Good luck.

]]> By: justme http://www.jibberjobber.com/blog/2007/02/05/youre-fired-will-you-do-us-a-favor-and-sign-this-before-you-go/comment-page-1/#comment-408898 justme Sat, 04 Jul 2009 07:47:11 +0000 http://www.jibberjobber.com/blog/archives/377#comment-408898 I am sorry if I sound stupid, but, I know I really am now. I was a faithful employee and gave more than my share. The company I worked for, I thought was great until 1 month into the first day. There was so much backbiting, framing, unprofessionalism(and that was just the supervisors). I did my job was promoted? noway, I was put in the other cafeteria, I was head cashier over 2 more people if they showed. I got hurt on the job, I could not turn loose and go to the med cause it was almost time for our rush and I still had work to do. At first when my arm started hurting it was after catching a 35*45 pound of frozen french fries, it snatched my right arm down with a jerk and it was painful but later it was getting worse. I told my co-worker that I thought I pulled something in my arm. When my supervisor came in later at 12:30 at night I told him, he laughed and said "shake it out, you will be ok. no report made and nothing in writing, my ignorance. I was told after going to the dr. I had to have a mri done, then when results came in, he said I had to have a operation and until I had it there were restrictions, no lifting,no pulling,arms couldn't go over my head and no picking up more than 5 pounds. I called before I went into work and told them what the doctor said I was told not to bother coming in that I knew that I had to be able to do alot more than that and he had no position for me until I was 110%. He also said that after that call him when I could work. When doc released me I still had the restrictions, I called said I wanted to work (by the way he took another girl and gave her head cashier the same night). I told him about the restrictions and he told me the same as before hand. I started unemployment, I needed the money, then I received a letter from unemployment stating that I was fired for misconduct. I don't know what to do about my bills for the hospital, I had to stop therapy cause not enough money. Geeshhhhhhhh I am sorry if I sound stupid, but, I know I really am now. I was a faithful employee and gave more than my share. The company I worked for, I thought was great until 1 month into the first day. There was so much backbiting, framing, unprofessionalism(and that was just the supervisors). I did my job was promoted? noway, I was put in the other cafeteria, I was head cashier over 2 more people if they showed. I got hurt on the job, I could not turn loose and go to the med cause it was almost time for our rush and I still had work to do. At first when my arm started hurting it was after catching a 35*45 pound of frozen french fries, it snatched my right arm down with a jerk and it was painful but later it was getting worse. I told my co-worker that I thought I pulled something in my arm. When my supervisor came in later at 12:30 at night I told him, he laughed and said “shake it out, you will be ok.
no report made and nothing in writing, my ignorance. I was told after going to the dr. I had to have a mri done, then when results came in, he said I had to have a operation and until I had it there were restrictions, no lifting,no pulling,arms couldn’t go over my head and no picking up more than 5 pounds.
I called before I went into work and told them what the doctor said I was told not to bother coming in that I knew that I had to be able to do alot more than that and he had no position for me until I was 110%. He also said that after that call him when I could work. When doc released me I still had the restrictions, I called said I wanted to work (by the way he took another girl and gave her head cashier the same night). I told him about the restrictions and he told me the same as before hand. I started unemployment, I needed the money, then I received a letter from unemployment stating that I was fired for misconduct. I don’t know what to do about my bills for the hospital, I had to stop therapy cause not enough money. Geeshhhhhhhh

]]> By: Chad http://www.jibberjobber.com/blog/2007/02/05/youre-fired-will-you-do-us-a-favor-and-sign-this-before-you-go/comment-page-1/#comment-322648 Chad Tue, 26 Aug 2008 22:08:47 +0000 http://www.jibberjobber.com/blog/archives/377#comment-322648 We had a guy we wanted to hire but he had a non-compete with his previous company, and he could not come to work for us. But, there is good news - If the company files bankruptcy then the non-compete is void and null, and you can work for whoever you want. This was the case with the guy we wanted to hire. The company went bankrupt and we could finally make an offer to hire him. Remember when you sign an non compete you cannot work in the field for the length of the contract, so be careful. Chad We had a guy we wanted to hire but he had a non-compete with his previous company, and he could not come to work for us. But, there is good news – If the company files bankruptcy then the non-compete is void and null, and you can work for whoever you want. This was the case with the guy we wanted to hire. The company went bankrupt and we could finally make an offer to hire him. Remember when you sign an non compete you cannot work in the field for the length of the contract, so be careful.

Chad

]]> By: CareerSolvers » Blog Archive » Accepting a Job and a Severance Package at the Same Time http://www.jibberjobber.com/blog/2007/02/05/youre-fired-will-you-do-us-a-favor-and-sign-this-before-you-go/comment-page-1/#comment-179464 CareerSolvers » Blog Archive » Accepting a Job and a Severance Package at the Same Time Sun, 17 Feb 2008 18:38:55 +0000 http://www.jibberjobber.com/blog/archives/377#comment-179464 [...] Over on the Jibber Jobber blog there’s a great post about the sKewed and often unfair agreements that some companies ask terminating employees to sign in order to collect their severance after a downsizing has occurred. Rather than doing damage control on the way out, I recommend that candidates negotiate their severance packages as part of their compensation package at the point of hire. I know what you’re thinking…If I’m trying to get hired why would I want to bring up what would happen if the company let me go? But in this world of downsizings, mergers and acquisitions, corporate scandels, and just general market volatility, negotiating your termination benefits on the way in, when you have significant bargaining power, is a sound career management strategy. Potential items to negotiate include a serial severance package that allows for continued medical benefits and delays the onset of COBRA, allowing your stock options to continue to vest during the severance period, a shorter or more narrow non-compete, additional weeks of severance, and outplacement or professional resume writing services. When discussing these options during the negotiation phase of the interview process, phrase the conversation in a positive, non-confrontational way. Try something like “I’m very excited about this opportunity and I hope to have a long, productive career here, but given the volatility of the market (or given my recent experience of being downsized), I’d like to discuss the details of my severance package should my employment be terminated due to a downsizing.” This allows you to assess the firm’s “standard” package up front and bargain for a more customized package that protects you professionally and financially on the way out. [...] [...] Over on the Jibber Jobber blog there’s a great post about the sKewed and often unfair agreements that some companies ask terminating employees to sign in order to collect their severance after a downsizing has occurred. Rather than doing damage control on the way out, I recommend that candidates negotiate their severance packages as part of their compensation package at the point of hire. I know what you’re thinking…If I’m trying to get hired why would I want to bring up what would happen if the company let me go? But in this world of downsizings, mergers and acquisitions, corporate scandels, and just general market volatility, negotiating your termination benefits on the way in, when you have significant bargaining power, is a sound career management strategy. Potential items to negotiate include a serial severance package that allows for continued medical benefits and delays the onset of COBRA, allowing your stock options to continue to vest during the severance period, a shorter or more narrow non-compete, additional weeks of severance, and outplacement or professional resume writing services. When discussing these options during the negotiation phase of the interview process, phrase the conversation in a positive, non-confrontational way. Try something like “I’m very excited about this opportunity and I hope to have a long, productive career here, but given the volatility of the market (or given my recent experience of being downsized), I’d like to discuss the details of my severance package should my employment be terminated due to a downsizing.” This allows you to assess the firm’s “standard” package up front and bargain for a more customized package that protects you professionally and financially on the way out. [...]

]]> By: victim of hatred http://www.jibberjobber.com/blog/2007/02/05/youre-fired-will-you-do-us-a-favor-and-sign-this-before-you-go/comment-page-1/#comment-173318 victim of hatred Thu, 14 Feb 2008 13:36:35 +0000 http://www.jibberjobber.com/blog/archives/377#comment-173318 I was fired last week. That's it... after almost 12 years. I realized that they were using the woman that hated me to try to force me to quit. Being over 40...they had me train a 22 year old before they fired me. Nice, obvious, age-discrimination there. I just realized that they also made the girl with breast-cancer train a 24 yo...before they bullied, then fired her too. Nice, huh? I've got representation as I was made aware of the REAL reason they were trying to make me quit. I had become a liability and pin-pointed for elimination. SO, I can't say more than that until this is over....or I may not be able to say anything. After 12-years of being bashed, and after watching them roll heads illegally left and right...I am a bit happy and liberated. I know that a higher power will punish them for what they are doing. The woman with cancer? If you are still reading these, you MUST contact me...PLEASE?! I've lost more than my job recently. =0( I was fired last week.

That’s it… after almost 12 years. I realized that they were using the woman that hated me to try to force me to quit.

Being over 40…they had me train a 22 year old before they fired me. Nice, obvious, age-discrimination there. I just realized that they also made the girl with breast-cancer train a 24 yo…before they bullied, then fired her too. Nice, huh?

I’ve got representation as I was made aware of the REAL reason they were trying to make me quit. I had become a liability and pin-pointed for elimination. SO, I can’t say more than that until this is over….or I may not be able to say anything.

After 12-years of being bashed, and after watching them roll heads illegally left and right…I am a bit happy and liberated.

I know that a higher power will punish them for what they are doing.

The woman with cancer? If you are still reading these, you MUST contact me…PLEASE?! I’ve lost more than my job recently.

=0(

]]> By: victim of hatred http://www.jibberjobber.com/blog/2007/02/05/youre-fired-will-you-do-us-a-favor-and-sign-this-before-you-go/comment-page-1/#comment-126012 victim of hatred Wed, 09 Jan 2008 03:58:49 +0000 http://www.jibberjobber.com/blog/archives/377#comment-126012 Hi Leah! Thanks, much, for your advice. I'm consulting an attorney tomorrow. I was getting references for them. My company is very powerful and have lawyers on staff. I just want my ducks in a row when they get ready to let me go. Thanks to Jason...i will NOT sign anything until I have my questions answered. The hair pulling, unfortunately, was 3 years ago, and the smack on the back of the head, maybe 2. I don't know if there is a statute of limitations on such, but I did have a witness to the hairpull...and this woman was since fired by my boss... very sadly over the summer (health problems she was in an accident...yes, more horror stories)) I didn't want any more trouble. I did tell her boss and even the owner's wife...and nothing was done about it. I didn't in writing. I do know that in Florida...there is a law that says they can fire you without cause.... which really stinks. Is this true, that you know of? However...they are making up the causes as they go. I talked to "it's" manager this morning and asked that if it were a matter of me keeping my job, that I don't need a raise and can stay at my current salary, or take a hair-paycut...just to keep my job. I said if you do this...all I want is for "its" character assassination of me to stop. Nothing more was said, she just nodded and I left. Plus, she violates HIPPA laws...she pries and pries and really gets angry if you don't tell her personal matters...like "why are you going to the Dr?" Oh yes... I told her supervisor about this as well...and nothing. I just appear to be a huge whiner is all that's happened, and working for a company empowered Lucifer. sigh. Hi Leah!

Thanks, much, for your advice. I’m consulting an attorney tomorrow. I was getting references for them. My company is very powerful and have lawyers on staff. I just want my ducks in a row when they get ready to let me go. Thanks to Jason…i will NOT sign anything until I have my questions answered.

The hair pulling, unfortunately, was 3 years ago, and the smack on the back of the head, maybe 2. I don’t know if there is a statute of limitations on such, but I did have a witness to the hairpull…and this woman was since fired by my boss… very sadly over the summer (health problems she was in an accident…yes, more horror stories))

I didn’t want any more trouble. I did tell her boss and even the owner’s wife…and nothing was done about it. I didn’t in writing.

I do know that in Florida…there is a law that says they can fire you without cause…. which really stinks. Is this true, that you know of? However…they are making up the causes as they go.

I talked to “it’s” manager this morning and asked that if it were a matter of me keeping my job, that I don’t need a raise and can stay at my current salary, or take a hair-paycut…just to keep my job. I said if you do this…all I want is for “its” character assassination of me to stop. Nothing more was said, she just nodded and I left.

Plus, she violates HIPPA laws…she pries and pries and really gets angry if you don’t tell her personal matters…like “why are you going to the Dr?” Oh yes… I told her supervisor about this as well…and nothing.

I just appear to be a huge whiner is all that’s happened, and working for a company empowered Lucifer.

sigh.

]]> By: Leah Britt http://www.jibberjobber.com/blog/2007/02/05/youre-fired-will-you-do-us-a-favor-and-sign-this-before-you-go/comment-page-1/#comment-125716 Leah Britt Tue, 08 Jan 2008 15:21:58 +0000 http://www.jibberjobber.com/blog/archives/377#comment-125716 I was so incensed by Vicitm's feeling all alone and without recourse, I missed the actual problem here. DID THIS WOMEN YANK YOUR HAIR? REALLY? DID THIS WOMAN TOUCH YOU? IS THIS COMPANY CONDONING CORPORAL PUNISHMENT?? If so, this is the issue: you have a lawsuit against HER, and the company for condoning her actions & NOT dismissing her/taking her away from the public. She physically battered you....assault is the threat, battery is the actual act. FILE A POLICE REPORT......this is not something to handle on your own. In today's workplace "bully's" and "intimidators" are dealt with harshly. If the company does NOT deal with this personality, then it is up to you to get others involved. Leah I was so incensed by Vicitm’s feeling all alone and without recourse, I missed the actual problem here.

DID THIS WOMEN YANK YOUR HAIR? REALLY? DID THIS WOMAN TOUCH YOU?
IS THIS COMPANY CONDONING CORPORAL PUNISHMENT??

If so, this is the issue: you have a lawsuit against HER, and the company for condoning her actions & NOT dismissing her/taking her away from the public.
She physically battered you….assault is the threat, battery is the actual act. FILE A POLICE REPORT……this is not something to handle on your own.

In today’s workplace “bully’s” and “intimidators” are dealt with harshly. If the company does NOT deal with this personality, then it is up to you to get others involved.

Leah

]]> By: Leah Britt http://www.jibberjobber.com/blog/2007/02/05/youre-fired-will-you-do-us-a-favor-and-sign-this-before-you-go/comment-page-1/#comment-125695 Leah Britt Tue, 08 Jan 2008 14:33:02 +0000 http://www.jibberjobber.com/blog/archives/377#comment-125695 Dear Victim: I realize you are upset and angry and overwrought. But.....WE are only privy to YOUR side. Remember, the truth is that there are 3 sides to every story: your side, their side, and the "real" side. I am still at a loss to understand HOW they continue to employ someone who seems this vindictive. At this point, you cannot get dragged down by "she said" or "you said." The REAL issue at hand is:......if this document has actually been presented to you for signing.. Your remedy is in front of you and screaming at you. If the document ACTUALLY reads that they will only pay your unemployment if you do not file a valid/verifiable complaint, YOU MUST NOTIFY SOMEONE. IMMEDIATELY CONTACT THE FLORIDA BAR at (www.floridabar.org)........and the EEOC at (www.eeoc.gov).....and the Wage and Labor Board at (www.dol.gov/esa/whd). DO IT TODAY...TODAY.....TODAY. All these sites have telephone numbers and downloadable forms. The Wage and Labor Board will have the quickest response here....it is their 'territory." The EEOC will determine if your complaint is 'discriminatory." The Florida Bar will guide you to an attorney for any potential complaint regarding hostile work place. AGAIN...do it today. LEAH Dear Victim:

I realize you are upset and angry and overwrought.
But…..WE are only privy to YOUR side.
Remember, the truth is that there are 3 sides to every story: your side, their side, and the “real” side.
I am still at a loss to understand HOW they continue to employ someone who seems this vindictive.
At this point, you cannot get dragged down by “she said” or “you said.”

The REAL issue at hand is:……if this document has actually been presented to you for signing.. Your remedy is in front of you and screaming at you. If the document ACTUALLY reads that they will only pay your unemployment if you do not file a valid/verifiable complaint, YOU MUST NOTIFY SOMEONE.

IMMEDIATELY CONTACT THE FLORIDA BAR at (www.floridabar.org)……..and the EEOC at (www.eeoc.gov)…..and the Wage and Labor Board at (www.dol.gov/esa/whd).

DO IT TODAY…TODAY…..TODAY.

All these sites have telephone numbers and downloadable forms.

The Wage and Labor Board will have the quickest response here….it is their ‘territory.”
The EEOC will determine if your complaint is ‘discriminatory.”
The Florida Bar will guide you to an attorney for any potential complaint regarding hostile work place.

AGAIN…do it today.
LEAH

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