Labor Lawyers Advice?

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Revhendo

Revhendo

Master ACME Tech
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Hey kids,
Need some advice. My Deb got canned a week ago without warning, written or otherwise. No reason was given. She's never had a written warning. She's always had good reviews within the company and from the surveys of her customers and vendors. She wasn't even given any termination paperwork to sign. After 13 years it was just a big "C-ya".

Mind you, this isn't some podunk, part time retail job. She was the sales manager for a prominent aerospace machine shop (think 5 axis laser and water jet). She obtained and directly oversaw the biggest accounts the company had and her record with them was practically spotless. She had also made sure the company had aquired and maintained the proper certifications like the AS9100 Rev. C and NADCAP.

From our perspective, trouble began when the company was bought by a new owner who seemingly had a different view on a woman's place in the business world (or at least a middle eastern world). Her commissions were cut and she recieved a "bonus" instead. That actually equated to a pretty good wage cut. The new guys kid was interjected into the "management" as were a few other family members and friends from "church". None of these fine people had or have a working knowledge of the industry and the two of them have even been thrown out by a few clients.

So, the questions are;
Will it do any good to go to the Labor Board and what would the possible outcome be?

Should we sue this jackwad?
 
California is a work at will state. Sorry to say it but you likely will have no recourse. I know it suxxx but that is how it is.
If you can prove she was fired because she is a woman, that may be different. That will be a long road on that one.
 
Focusing the energy on the future and leaving the past behind is my recommendation. Sounds like she will be a great asset to another company probably sooner than later.

Go strait to the competitors first. :D
 
Sorry to say, Rev, but I've gotta agree with Mad Dart. California is an "At Will" work state and the employer has all the power.
Back in 2000 I was in the same situation. Let go without reason after 17 years in management solely responsible for the sales of a specific product line within the aerospace manufacturer I worked for and never a negative mark on my record. Had been a family-owned company that was sold twice in eighteen months. Second new owner came in and cleaned house with management.
All I got was "thanks for the 17 years, don't let the door hit you on your way out."
All they have to do is call it a "re-organization" or say her "position was eliminated". Now if they replace her with someone significantly younger at significantly less pay and you can prove it.....
Good luck with whatever course you take.
 
Unfortunately, this is one of the few situations where being a union member may have helped you. If you could prove that he cleaned out all of the female employees and replaced them with male you might have a shot. I think that your best bet would be to start shopping her skills and contacts to the immediate competition, then take their customers and shove it down their throat.
 
You should be able to get one free consult from a labor lawyer. (My wife just did, but her situation was different). I would recommend you call and she talk to one. If it doesn't go anywhere, you haven't lost but a little time. Better to know and move on in my opinion. On the other hand, the lawyer may be able to help. Good luck.
 
Only experience I had with Labor Laws was in AZ. AZ is a right to work state, which basically equates to they got you over a barrel. One thing I did learn is you only have an case if you were treated differently. For example, if she was the only woman that was fired you MAY be able to put a sexual orientation spin on it. However if another woman were fired you will be pissing in the wind.
 
Great replies. I/we didn't know Cali was an "at will" state. As upside down as it, we should've known. Deb ain't sittin an crying about it. She does already have the lines out and getting things in order. She has a good reputation and has made some really good connections in the previous years. She'll come out on top for sure. We're just wondering if there is any justice.
 
12valve said:
I think that your best bet would be to start shopping her skills and contacts to the immediate competition, then take their customers and shove it down their throat.
Click to expand...

Kevin,

If she has a good record with other companies from a competitive standpoint, the above is what I would do. She has no allegiance to the former company, move on and then start procuring business from her old contacts.

One thing that she does know is the cost structure of her old place. Knowing such can REALLY put the hammer to the old place if you know what I mean when it comes to bidding!
 
I agree, take their business away from em, there was no paper work saying she couldnt compete against em and the sooner the better.

:wack:
 
the67fish said:
I agree, take their business away from em, there was no paper work saying she couldnt compete against em and the sooner the better.

:wack:
Click to expand...

Even if you sign something that says you won't steal their customers, it is really no better than your word that you won't. I doubt they can do anything at all if you do. After all, the people you are stealing from them didn't sign anything. They can deal with whom (?) ever they please. I say take them all away, and start making some real cash.
 
I also agree a union can help in situations like this. Unfortunately being a right to work state really hurts. They are talking about that here in Ohio. She should contact her clients and put aps in with them. She will land on her feet. Has she applied for unemployment? The employer can say no but, they would have to give a reason. Then when they give some lame as reason you might have something to take to an attorney. Isn't amazing how the church people ended up screwing someone life up? Good luck Rev.
 
Sometimes the best "justice" is to go on and live well-sounds like the lady has a really well documented business sense. Even in this economy I don't think she'll be out for long. Good luck to both of you.
 
Georgia is also a "fire at will" state. No reason has to be given. No write ups no nuthin. However, it is unusual for large companies not to cover their *** anyway in one form or another. I find that very strange.
 
Nearly every wrongful termination suit I've seen has been settled out of court in some capacity. Whether its job back or severance package. Unless the company has lawyers on staff (already paid) its cheaper to settle. "beans" rule to bean counters.

As a side note, unions have their place in situations like this (I'm in one, BTW). But they also seem to cause as many problems with regards to making it nearly impossible to get rid of the problem children and encourages the tendency to get entrenched in the mentality of "it ain't in the contract", reducing flexibility of employers to react quickly and stay competitive. There has to be a middle ground.

Best of luck.
 
crackedback said:
Kevin,

If she has a good record with other companies from a competitive standpoint, the above is what I would do. She has no allegiance to the former company, move on and then start procuring business from her old contacts.

One thing that she does know is the cost structure of her old place. Knowing such can REALLY put the hammer to the old place if you know what I mean when it comes to bidding!
Click to expand...
x2 I have seen it happen and the out come was very good..........Artie
 
Yeah, we aren't really obsessing over it. It's just one of those things that kinda sticks in the craw. I grew up with the values my Grandpa taught me. You shoot straight with people. Treat them how you want to be treated. Work hard and all that. The military code of conduct I learned only reinforced those ideas.

It's a different world these days.
 
Funny- I have been thinking the same thing. I live in PA and I was fired in Feb for supposedly missing too many runs-trips. WE are allowed to miss 3 a year. I missed 2 in a matter of about 1 1/2 weeks. One of those wasnt even true. I went on a "run" and the boss was making me drive more than my allowed 14 hour work day-per CDL rules. I told him- by law, I cant go on the second run-big arguement persued. Within 2 weeks- lost my job. Before that arguement, I had no-NONE-infractions on rules, no missed runs-turn downs, no sick days- nothing at all for the 7-8 months I was working there. Get in one arguement with the boss when you show him you are right, and he fires you. Said I had too many run turn-downs. Im getting unemployment for it, but was thinking of going for wrongful termination suit also. I already have a plus because of the unemployment stuff they admitted to about firing me for turn downs that the unemployment agency said was wrong on their-bosses- part. Id be happy with a year of severance pay at $420/week!-if they would even do that??
 
Most of the few places I've ever though about persuing an improper termination suit against- after a little cooling off and consideration, are places that I'd rather not be associated with anyway, or are beginning the downward spiral to their own destruction.
 
I say Fight it! The S%#@ is just plain wrong. Your Wife gave all that time and they just douched her for it. Eff That Noise.
 
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