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My Brother in Outlaw just got let go

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Omaha Steve Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-17-09 08:17 PM
Original message
My Brother in Outlaw just got let go

6 years of late night shifts. Low pay. No complaints to his boss. He has no real skill or license of any kind. He is past being a meat packer. Bad back now. He did that for years. He is 55. They found a small reason to let him go with reason. That will cost him 10 weeks of his unemployment. Funny they are finding good cause with several long timers while business is down.

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OmahaBlueDog Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-17-09 08:21 PM
Response to Original message
1. Sorry to hear it, OS
Can he get any kind of retraining?

I wish him luck.
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Omaha Steve Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-17-09 08:25 PM
Response to Reply #1
4. Not that I know of

He just found out a few hours ago. The family is in shock. We just got the call. Of my close family of about 20, 3 of US are now out of work.

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emilyg Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-17-09 08:35 PM
Response to Reply #4
7. The complex I live in
has 22 condos. We have 12 people suddenly fired.
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Naturyl Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-17-09 08:22 PM
Response to Original message
2. Damn, sorry to hear this.
You lose unemployment for getting fired? I did not know that. I thought only quitting would cost you benefits.

Best wishes to him, and I hope he will find whatever help he needs.
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Kansas Wyatt Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-17-09 08:28 PM
Response to Reply #2
5. It depends on the reason if you are fired.
You still have the right to appeal it if the employer fights your benefits.
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bbinacan Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-17-09 08:23 PM
Response to Original message
3. And my best friend
just got the axe from BofA. They kept the 2 under performers and let go the top 2. Bean counters only looking at cost and not the future. Disgusting.
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Ikonoklast Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-17-09 08:31 PM
Response to Original message
6. Two weeks ago Mercer Transportation let 200 owner/operators go.
Same deal, they looked for anyone that had the slightest company infraction, like a logbook mistake, and let them go. Some of those guys had been with Mercer for twenty years.

With business the way it is, any reason is a good one to can people. Petty stuff they would usually overlook if things were going good are now grounds for dismissal.
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TBF Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-17-09 08:46 PM
Response to Original message
8. I'm sorry to hear that. In the legal field it's a bloodbath right now.
At all levels. Various support (secretaries, paralegals, personnel managers, IT, filing, etc...), and also attorneys getting laid off. I know people aren't feeling sorry for some attorneys who had high salaries, but when it goes so does their ability to pay for all the services they were consuming (yard work, housekeepers, child care, restaurant meals, retail purchases, etc...). Then those people get laid off when their businesses are losing clients. "Trickle down" doesn't work when it comes to profit, but bad stuff sure rolls downhill doesn't it.
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CoffeeCat Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-17-09 09:26 PM
Response to Original message
9. He needs to fight like hell for unemployment...
Edited on Tue Mar-17-09 09:27 PM by CoffeeCat
As I'm sure you know, Omaha Steve, if you believe that you were fired for unjust
reasons, you can state your case--and unemployment benefits can be granted.

I used to work for a non-profit organization and the women in the office
were evil weasels. They fired me, and I contested it--and won. It didn't take
much. I spelled out what they were like, and I had no proof. It was just
my word.

I didn't even file for unemployment. It was the principle of the matter. Then
again, I was in my 20's and times were different.

Tell him to fight like hell.

I suspect that the people who broker such disagreements--understand very well that
companies might be enduring rough economic times and trying to get out of paying
unemployment. These agencies will probably favor the worker right now--knowing how
awful things are out there.

Please tell him to fight! I am a former PR professional, and if you want me to
help with writing or editing anything--please let me know! I'll be glad to help.

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Omaha Steve Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-17-09 10:09 PM
Response to Reply #9
13. Right now it is running about 5 weeks before uncontested benefits go out

Even in good times it is 3 weeks. I'm sure he will fight. But it will be several months to get a win.

When I was fired illegally (retaliation for an EEOC complaint) 2 years ago, I lost my unemployment case. I was reinstated thanks to my union which meant I got back pay. Even an open and shut case isn't easy to win in Ne.

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AdHocSolver Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-17-09 09:26 PM
Response to Original message
10. Your brother in "outlaw" should apply for unemployment anyway.
The people who work in the unemployment office are well aware that companies cook up excuses to weasel out of paying into the unemployment compensation fund. They will investigate and they will determine whether your brother in law is entitled. In most cases, they will find in favor of the employee.

I learned this many years ago when I was in a similar situation. If your brother in law hasn't committed a felony, whatever reasons the company gives will be ignored.

He should write down what he is to tell the person at the unemployment office interview. These notes should be used only for practice interviewing at home. The interviewer will write down what he tells them, and he will be asked to sign the statement containing those notes discussing his viewpoint on what happened.

General suggestions on what to say:

First off, do NOT badmouth his former boss or the company. Talk calmly and matter-of-factly about his understanding of why he was let go. Some of the claims made by a company for letting someone go as a reason for denying unemployment compensation are that the employee did a bad job, was absent without notifying the company properly, broke some company rule, and similar claims.

He should point out that he worked there for six years and had a satisfactory work record until recently. This sets up red flags to the unemployment office that the company is trying to weasel out of paying unemployment compensation.

With so little information, I can't give more detailed advice. However, he should think through what he should say, practice discussing it with you or someone else as a practice interview, and definitely apply for unemployment compensation.
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bkkyosemite Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-17-09 09:50 PM
Response to Original message
11. Tell him to fight for unemployment. I was fired and fought and got the unemployment
They know that he is 55 and they know that the company did this on purpose...Go down with him for encouragement and let him tell them his side and what it was like working there. Polictical I'm sure and use that word.
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ddeclue Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-17-09 09:56 PM
Response to Original message
12. He should hire a labor law or civil rights attorney...
he may have an age discrimination case and also be able get his unemployment.

Take it to the EEOC.
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upi402 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-17-09 10:19 PM
Response to Reply #12
14. He's likely worried about living indoors and eating food. Attorney$ cost a lot.
Seems like pro bono work went out in the 80's. There are good lawyers and good people with JD's but most of it is a snake pit. Ted Bundy was going to be a lawyer but didn't have it in him.
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lonestarnot Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-17-09 10:52 PM
Response to Original message
15. No union? Have him call a good labor lawyer.
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