O/T BUT ARE THERE ANY LAWYERS HERE??

Fathead · Nov 4, 2002

I know this may not be BB but I need to know if anyone has any real genuine knowledge about a right to work state. I got fired today on a Sunday of all days by a guy who has only been where I have worked 2 yrs I have been there 11yrs and could have had his job a yr ago when they wanted to fire him but took up for the guy. The lil prick calls me and tells me my last day was Friday so we argued on the phone and he hung up on me. To gain access to the building you have to swipe a card sure as shit mine does not work anymore so someone has said I am gone.

The thing about it is is I have no issues at work very popular with other employees and managers, nothing has arisen that I can think of except between me and him in the last month or so were we have had a few disagreements about a particular job or two but nothing serious like I am going to kick his ass or anything.

The point is I live in Arizona which is a Right to Work State or at will employment which from what I read tonight is opposite what most people think it is, the other thing is I went to a site called fair measure.com and bought their wrongful termination guide and I am pretty sure I was fired unjustly. The guy would not even tell me why and I have a confernce call tomm with the big boss if I really am fired I am waiting for the fucker down the road after he leaves the garage at work.

later any help would be appreciated.

wyldeone · Nov 4, 2002

ask buffman!

Buffman is our resident joker and also a very good attorney(hey buff by the way where wee you when i needed you!LOL) anywyas I am sure he would be more than happy to help you with this and if not can most deff. point you in the right direction. best wishes and sorry to hear about that as job hunting sucks around this time of the year with the holidays upon us and all esp. after 11 years on the job! keep your head up and remember everything happens for a reason in this world, I am a true believer in that. best wishes wyldeone. p.s. maybe its time for you to opne up your own gym!

Chuck999 · Nov 5, 2002

FH I guess I'm also one of our resident lawyers. I'm not an Arizona laywer of course, but glad to help a little if I can. You are right, its a crappy deal but most states are "employment at will" states - and sometimes I think they call them "right to work", but that term is really a labor law term regarding unions, not your situation. Confused? Thats what lawyers are for. Sorry, the thing is I hate to say it but I think you figured it out - in an "employment at will" state they can fire you at any time without cause whatsoever, and are only required to pay you up to the time you were discharged. The only exceptions are discrimination (racial, sexual, religion, etc), or if you have a union, or if you have an employment contract, which it doesn't sound like you have. It's pretty shitty, but most states are like that, and as conservative as Arizona is I expect that that is the law there. Hopefully your telephone call with the boss tomorrow will straighten things out. The other thing though is if this prick has been telling slanderous lies about you to the boss or anyone else, you might have a lawsuite against HIM. Now, these can be tough, but if things don't work out tomorrow, and it sounds like he's been telling the bosses lies about you, I'd suggest you go talk to a lawyer. This is the reason most companies these days either don't give employment references at all, or ALWAYS give a lukewarm but OK one - keeps them from getting sued. Good luck bro, hope it works out. If it doesn't and you want to go farther, you have to talke to a lawyer - what you have there is just impossible to deal with on your own - you'd just end up getting screwed worse.
And bro, I strongly recommend you don't beat the shit out of the guy, or even go near him (lets face it most of us on this board could probably do that with almost any "average" guy if called on). I know its tempting, but then he goes to the police and swears out a warrant against you for assault and battery, and he's really got you by the balls.

Fathead · Nov 5, 2002

OK

Thanks for the advice Chuck and I did talk to a lawyer friend and he said I have a 50/50 case. The short story is I am difficult to work with now because the direction of their business model for this department has changed. I work for or did for State Farm as a fraud investigator for the last 11 yrs and basically I no longer fit the mold which is screw everyone even legitimate claims. I talked to the head guy and have no true grief with him just he said it is the direction of the company they are going and honestly I want no part in doing what they want to save them money on people who are legit. If you want the low down people insurance companies suck and BTW don't buy their stock either they are 5 billion dollars in the hole at state farm so they could be the Enron of their market.

I am going to get 1 months pay for every month I have worked there + my vacation and whatever bonis I have coming which gives me a yrs pay aint bad I make pretty good money.

I still will get a chance to say fuck you to the guy one day as we have mutual work friends and we go tosome of the same functions so i'll see him again.

anyway thanks for the advice.

Chuck999 · Nov 6, 2002

Well Damn, FH, you work as a fraud investigator for the "good hands" people, AKA The Corporate Prince of Darkness? I don't so much these days but used to do a lot of plaintiffs PI work. As I guess you know everyone in that field (even ins defense lawyers) knows State Farm is totally crooked. That's tough you work (I guess worked) for those bastards, but you're to be commended for being at least one honest guy. With that kind of experience I bet you can find a similiar job with one of the slightly more legitimate companies. That is interesting about their stock - hell I wish they would do an Enron - they deserve it. (But I guess all their small stockholders would get screwed too). Right now they have a hell of a racket going - don't pay ANYBODY (even their own policy holders) and put the savings into more warm and fuzzy advertising - I think most of the general public believes it, but I think some people are starting to catch on. Anyway, good luck, bro!