patriciajnsn
Steering Wheel Holder
You're right sorry.I just get alittle wound up is all.Let's steer this back in the original direction please.
Barr-Nunn is inhuman
- Thread starter Cheezedawg
- Start date
Let's steer this back in the original direction please.
Okey dokey.
Originally this was about a company (accompanied by their lawyers no doubt)
screwin' somebody over.
Since the company denied his unemployment and the state granted it, we now know that he was fired without cause. Step one in the right direction.
We also know that the lawyer he consulted is either a crook or can't read because he misquoted the "right to work" statute, which I have heard misquoted numerous times only to find out that the person talking had never actually read it.
It's probably a moot point now, since he (Cheezedawg) will likely not pursue this further, just wanted to warn everyone.
The point here might be to know the laws and read them for yourself.
You would also think that if you quit a job without notice, refused to go back even when they offered it, that there would be absolutely no way to get unemployment. Especially in a "right to work" state, like Florida.
You would be wrong.
The only other time in my life when I applied for UC, that was me.
I won't bore you with the details, but it was only for 2 week's worth of UC and it took almost 6 months to get it, but it was an unusual and dangerous situation.
My friend and I, Phil, worked at this place 1 week. We left Friday for lunch (with copies of MSDS) and never went back.
Never consulted a lawyer because I can read.:cop:
irish papa
New Member
I live in a right to fire or a right to work state as well. with that being said i will say it again it is illigal to fire you if you r under dr, care as in dr says you cant drive untill further notice....in ga i know this to be true cause i was plased out of work by a dr, and the company tried to fire me and they could not ...being sick or hurt is differant than them firing you because you did somthing they didnt agree with.good luck and a speedey recovery
oa_smallfry
ronandfezfans.com
Oh literal patriciajnsn.
Keendriver was correct. There was a ton of sarcasm my post.
They couldn't make him drive because he wasn't medically qualified but since he was not there continuously for 12 months he was not eligible for FMLA but certainly the company behaved very badly.
Cheezedawg, I would get in touch with a company called DAC FIX, they are a group of former DAC employees who specialize in helping drivers dispute and resolve erroneous information on their DAC reports. The web site is http://www.dacfix.com I am sure Barr-Nunn put thier side of the story on your DAC. Get that fixed before you start looking for other work. I wish you well.
As far as wronful termination goes, I doubt you have a case, because unfortunately, interstate truck drivers are exempt from the Fair Labor Standards Act.
Cheezedawg, I would get in touch with a company called DAC FIX, they are a group of former DAC employees who specialize in helping drivers dispute and resolve erroneous information on their DAC reports. The web site is http://www.dacfix.com I am sure Barr-Nunn put thier side of the story on your DAC. Get that fixed before you start looking for other work. I wish you well.
As far as wronful termination goes, I doubt you have a case, because unfortunately, interstate truck drivers are exempt from the Fair Labor Standards Act.
Sinister
pari animositate
How the hell did that happen. and how do we fix it?
You state you live in NC and yet you claim any person cannot be terminated for any or no reason.
Have you not been actually reading ALL print on Applications stating that employment is AT WILL therefore subjecting one to being dismissed at ANYTIME for ANY or NO reason??
MANY trucking companies have eliminated employees for many varying reasons since the '90s (from when I awoke) and in doing such, reasons were either admitted or sequestered.
One as well can quit at anytime for any or no reason as CLEARLY STATED on ALL applications in Right To Work states.
A) How many Lawyers or Attorneys do you know personally or professionally?
B) Are ALL Attorneys or Lawyers therefore Liars and/or Idiots or just the ones that practice in wrongfully terminated Employment cases?
C) Have you been wrongfully terminated (in your eyes) from an employer or from employers and tried to sue them only to lose therefore claiming the at will status as bogus??
D) Can you quote (verify, provide proof) the State Statute as it applies to employees regarding the claimed invalid status of the AT WILL employment agreement as stated on Applications?
E) Do you have a Law Degree?
Unless one is a member of a Union (cases differ), one can be dismissed at anytime for any or no reason regardless.
A) 10 or more
B) No
C) No
D) Yes. Don't have time this morning, but I'll try to post that here this evening.
E) No. My cousin does, my wife's a paralegal (and former driver among other things) but no, I do not have a law degree.
Now, do you think it is legal in any of the 50 states to fire someone because they are Catholic? Black? Female?
I just gave you 3 reasons. When an employer says. "This is right to work state. We can fire you for any reason, try those on for size. Now, can they fire you for no reason?
Yes, that is until you file for unemployment and the state asks them for cause in determining your eligibility for collecting unemployment benefits.
If they refuse to provide a reason, you are automatically eligible. If they do, and it is valid, you lose. If it isn't a valid reason, you win.
Now, any other questions for this non-law degree holding mothertrucker????
OK. Maybe I have a little time this a.m.
This is what 'Right to work" laws say in most states. Notice the language you refer to on applications isn't even close. Now I'll find the state statute where they pull that language from. The difference is I'll quote the whole statute not just the first half.
Right to Work States: North Carolina | National Right to Work Legal Defense Foundation
I'm pretty sure it's in Ch. 95 of state statutes is the exact language I'm referring to. The one where they only quote the half they want you to see. It's in nearly every southern state and all employers pull the same sh*t. I'll find it later. Don't have time to teach a law class this morning.
http://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_95/gs_95-151.html
The link to the NRWLDF doesn't state anything regarding Right To Work apart from Union affiliation or harassment by Unions or payments for/of employment, so in essence the page that appears is ineffective regarding what you have stated.
There appears in the other link to be something MISSING like AGE DISCRIMINATION:
§ 95‑151. Discrimination. No employer, employee, or any other person related to the administration of this Article shall be discriminated against in any work, procedure, or employment by reason of sex, race, ethnic origin, or by reason of religious affiliation. (1973, c. 295, s. 26.)
So then the above is declaring that no one shall be discriminated against for the stated reasons yet it FAILS to state that there is no discrimination against AGE. 1973, is this the most current update??
YES, there have been MANY PEOPLE that have been denied employment because of being Black, White, Latino, Indian, Catholic, Atheistic, Female, Male, etc, etc.
AGE DISCRIMINATION as well has been and will continue to be prevalent and is circumnavigated by using other reasons for denials like work record, background checks, Race, Religious affiliation, Marital status, Credit record, Health record, etc.
I was unaware I needed to submit to the director or counselor of a law course.
1) How then shall I apply?
2) Where shall I apply?
3) What is/are the Fee/Fees for the course?
4) Will it be online or otherwise?
5) Will I be granted a pass to continue at a future date for not completing the required work if such work entails requirements beyond my scope or means or will I simply be admonished for my attempts??
Those questions are part of the many that loom on the horizon of inquisitiveness.
Thank you for your response and I await another.
Yes I know. I said I had other things to do today.
The reason the Right to Work site only has union info on it is because that's ALL the right to work statute is.
Didn't know that, huh?
That's right. There is nothing in a right to work statute that says they can fire you for ANY reason. It is a lie repeated by employers for the purpose of intimidation, There is no factual basis.
Look it up in your own state and see for yourself. Matter of fact, look it up in all 50 states - you're in for a surprise.
As far as age discrimination, there are many things missing in NC state laws. They are a little behind here. Not that long ago there still was a statute on the books that allowed you to not pay overtime after 40 hours. The state law was 45. I worked here for a guy who insisted it was legal.
Not any more.
This is directly from NC statutes.
http://www.ncwaterways.com/Business_Destination/DOCinfo/j.Right_2_Work_Law.pdf
http://www.ncwaterways.com/Business_Destination/DOCinfo/j.Right_2_Work_Law.pdf
This was a case of age discrimination I just found. Pretty ambiguous answer from a lawyer.
Free Legal Question in North Carolina Labor and Employment Law - LawGuru Answers: Ask an Attorney a Free Legal Question
I gotta post the FAQ's from the NC Dept. of Labor.
It's good for a laugh.
http://www.nclabor.com/wh/faqs.pdf
Free Legal Question in North Carolina Labor and Employment Law - LawGuru Answers: Ask an Attorney a Free Legal Question
I gotta post the FAQ's from the NC Dept. of Labor.
It's good for a laugh.
http://www.nclabor.com/wh/faqs.pdf
Rather than "Right to Work" what you are probably referring to is "At Will Employment"
Here is the policy from NC Dept. of Labor.
You'll notice the first part is the language you describe, followed by several paragraphs of exceptions. These are the ones that they "neglect" to include in company hanbooks and applications.
http://www.nclabor.com/wh/fact sheets/eaw.htm
Here is the policy from NC Dept. of Labor.
You'll notice the first part is the language you describe, followed by several paragraphs of exceptions. These are the ones that they "neglect" to include in company hanbooks and applications.
http://www.nclabor.com/wh/fact sheets/eaw.htm
You're welcome.
Forgive me for being a little testy about the "not having a law degree" comment.
In the past I've uncovered loopholes in the law, civil and criminal, that well paid lawyers and judges didn't know about. All I did was read the statutes thoroughly.
I also thought about a wrongful termination action against G.E. a few years back. One problem was I didn't have every conversation on videotape and it was my word against theirs. But the kicker was when I contacted a lawyer and he bluntly told me that being a white male over 40, I had no chance of winning.
So my skepticism about the legal profession is well earned.
Forgive me for being a little testy about the "not having a law degree" comment.
In the past I've uncovered loopholes in the law, civil and criminal, that well paid lawyers and judges didn't know about. All I did was read the statutes thoroughly.
I also thought about a wrongful termination action against G.E. a few years back. One problem was I didn't have every conversation on videotape and it was my word against theirs. But the kicker was when I contacted a lawyer and he bluntly told me that being a white male over 40, I had no chance of winning.
So my skepticism about the legal profession is well earned.
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