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Auron

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  1. (Just to be clear, im not being argumentive out of spite, im merely bored and simply learning things tonight...) I understand the rules for damages are different between an at-will wrongful termination and a contractual termination, but the definitions provided by the FINDLAW.COM website states: "To be wrongfully terminated is to be fired for an illegal reason, which may involve violation of federal anti-discrimination laws or a contractual breach." and "When the breach of an employment contract is by the employer, such as a wrongful termination, the typical remedy is compensatory damages." In researching my own case i have encountered numerious wrongful termination cases citing breach (both written and implied) as reasoning. Also the $4.1b California lawsuit in 2009 was a "Wrongful Breach of Employment Contract" as defined by the court (though admittedly the case was listed as a Breach of Contract in summary.) The way im reading it, if you have a written contract saying your job is a roof painter, and the boss wants you to build a brick wall, then fires you when you refuse, it would be a breach of an employement contract, ergo a "wrongful dismissal."
  2. ? - Legally, its a seperation of employment based on a breach of agreed contract or violation of law. Subjectively, its any disagreement between employee and employer over the merits of a termination. Any discharge can be challenged in court, but unless its discriminatory, or shows gross negligence, these cases almost always side on behalf of the employer. Now your turn - what do believe wrongful termination is?
  3. I dunno, according to the IRS an employer can refuse to accept a W4, but if he does, he can only submit a single with no withholdings. According to the OP he filed her at single with 2 withholdings - which i would interpret as a violation since the IRS clearly has not submitted a lock on her tax status.* (* - not challenging his right to fire her, just questioning the legallity of changing her tax status.) "Invalid Form W-4 Any unauthorized change or addition to Form W-4 makes it invalid. This includes taking out any language by which the employee certifies that the form is correct, material defacing of the form, or any writing on the form other than the entries requested. A Form W-4 is also invalid if by the date an employee gives it to you, he or she indicates in any way that it's false. When you get an invalid Form W-4, don't use it to determine federal income tax withholding. Tell the employee that it's invalid and ask for another one. If the employee doesn't give you a valid one, withhold taxes as if the employee is single and claiming no withholding allowances. However, if you have an earlier Form W-4 for this employee that's valid, withhold as you did before."
  4. Nice... except my situation is actually discriminatory. But i was only using the Florida case as an example because the court was showing that even a wrongful termination based on a non- discriminatory reason tends to side with the employer... despite him being 'morally wrong' in his reasoning. There may even be an illegal act in him the changing the W4 after it being signed, but that will do nothing for her employment situation at the moment, or at least reading Michigan law, not that i can see.
  5. The appeals court just ruled it is acceptable to fire an employee if they travel to Africa and they "might" contract Ebola - the courts exact response was " the law permits employers to fire an employee “for a good reason, a bad reason, a reason based on erroneous facts, or for no reason at all” as long as the reason is not discriminatory." Suspected tax fraud is as good as a reason as any other these days..
  6. I never said i couldnt/didnt file, i said the unemployment office is refusing to process my claim until i am terminated. Once i am terminated the claim will be processed, but there is no legal limit to how long an employer can keep an employee on unpaid leave. Officially my paper- work says my leave ended on 7/5 then was extended to 7/30, but as of Friday im still employed so they still will not process my claim.
  7. Again, this isnt about unemployment, but.... From the Delaware Dept of Unemployment Handbook, Page 3:
  8. Thats fair, and it wasnt my intention with this post to find answers to my main problem. Thats out of my hands either way. Im frustrated because it seems like theres a reason for this pattern and im not privy to that reason... i cant shake the feeling im the brunt of some big legal joke and i am only looking for a method of weeding It out...
  9. Also the unemployment office AND the Delaware Dept of Labor refuse to accept my unemployment claims until I am offically unemployed - there is NOTHING i can do to get unemployment, i have talked to everyone, including a state senator... Also ive been locked out of my 401k and investment portfolio because the IRS still considers me employed. Until i get an official letter of termination ive got nothing... Gee... if only i had a lawyer who would talk to me...
  10. Its does, but this is a different issue - you guys told me to get a lawyer, thats what im trying to do. I was specifically told by EVERY lawyer (and hinted to by the EEOC Investigator) NOT to look for another job. My position forbids me from having a 2nd job, so being employed by another entity becomes a de facto resignation = no benefits, no lawsuit, no options. Im not looking for solutions to my termination - i want to know how to find out what these lawyers are seeing that i do not. I am sick and tired of everyone else knowing things and not sharing.
  11. Cant, im still technically employed. If i dont have much of a case, how do i find that out? No one will explain why they wont take the case so im left stuck wondering... if i dont, thats fine, ill just move on with my life, but if i do i can really screw it up by making the wrong move... the reason im going to these lawyers is for answers and im not getting any...
  12. Im not sure if this is the right forum, but it does pertain to a discrimination case so, im sorry if i cannot be specific with details... Okay, i was "terminated" in June, filed an EEOC complaint, then suddenly discovered i am still employed, but on "indefinite unpaid leave." Ive sat down with 5 lawyers now - one said to contact him after the EEOC makes a decision, but he's 95% sure his firm will not take my case because they rather work with employers than employees. Now, the other four ADA lawyers have been following a pattern: 1) I set up a consultation for $xxx. 2) I go to consultation, describe my case in as much detail as i can. 3) The consultation fee gets waived, i get told "I need to do more research," "do not get another job unless its ABSOULTELY necessary," "this case would qualify for contingency (rates of 30-40%,") and "you should recieve a contract in the mail in a week or so," - the lawyer always appears enthusiastic about my odds. 4) 7-10 days later the lawyer says they think i have a great case, but arent going to take it, OR i never hear from the lawyer again. I am now broke... nothing left... i HAVE to start looking for a job. I was hoping this would be resolved by now, but i dont understand my position. Ive another consultation scheduled for this week (if i can find the cash...) but can anyone enlighten me as to what the issue might be? I dont mind not being picked up as a client, especially if im not paying (at least in cash) but how do i break this pattern? Im assuming these lawyers are seeing something that im not. Is it possible my case is so good they think the EEOC will not let it go? My case is so bad that im not worth touching... Could i be saying something thats an automatic red flag to private council? Basically, what i need to know is if this sounds like a good thing or bad thing to you?
  13. "Bobtailing" is a recognized term regarding the "tractor" portion of a "Tractor-Trailer," i am dumbstruck on how an O/O would have concluded not having that coverage would be a reasonable decision. It would be like dropping the coverage on your pickup, but keeping the insurance on the airstream. Im not trying to kick you when down, but unfortunately you really cant claim ignorance here or (unless you have it in writing where your boss says "drop bobtail") put the blame on anyone else either. Im sorry Driver. I second AdJacks advice - if you can/planning to continue trucking, get a good agent for next time, and maybe speak to a specialist about the rest of the business. There are a lot of other Tax and FMCSA rules that you may not have been taught that can get you into a whole lot more trouble. Good luck otherwise.
  14. Call the EEOC and ask for an interview - if theyre asking about race, sex, religion, ect... they may step in on your behalf. But that could take weeks (or years) to see a resolution so dont hold your breath. Just dont make the same mistake i did and wait - call today! The worse they can tell you is you dont have a case. Good luck.
  15. Oh good... i thought i was losing my mind along with my job...
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