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lawsuit?

X-Caliber

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My mother has worked at a boatyard as an office manager for 16 years, untill yesterday. She got fired/let go under the reason that "Her heart wasn't in it anymore". Last time I checked, your heart had nothing to do with your job. I hate my job, my boss knows it, but I like the money.

My mother is over 50, a single parent, and has worked for over 16 years for them. and was let go under this stupid reason.. I know in california she could deffinatly sue the living hell out of them.. but does anyone know if that could happen here in NC?

sorry.. im just stressed out. I make around 250-300 a week part time + highschool, and I know this isn't enough to support her and me both, and I'm looking for options.
 

T0LLPHR33

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bro i'm really sorry to hear about this...stuff like this really pisses me off...

my suggestion would be to get your mom a good lawyer...have him check the labor laws...see what kind of restitution your mom can get...this is total BS...

i understand times are tough but that's no reason to fire someone after that same person dedicated over 15 years of their time with the company...to me it sounds like an excuse they made just to save money...:motz:
 

Yardie

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Not to be a dick or anything but it sounds like the manager was trying to tell her that her performance was not up to par in a more lighter way. I honestly don't think you can sue a company if they fire you for not performing well. I hope everything works out for you bro. That is a really shitty situation and I do not wish it on anyone.
 

X-Caliber

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My mom's bosses wife now has her job. I asked her to call the labor board but still, this is so confusing to me. I'm like retarted stressed out about this. My healthcare stops at the end of this month, because we were on the boatyard policy.

It isn't about performance, she ran that company man, you don't understand. She did like absolutely everything and more for that company.

Like I said, she wasn't fired for not doing well, she was fired because "her heart was no longer in it". Does that sound like a valid reason to fire someone so your wife can have her job?
 
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Yardie

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That makes alot more sense now. Hopefully someone on here can help you out. I honestly don't have a clue on this but I wish you all the best of luck. It sounds like she has a lot of experience and honestly, put a job search first and the lawsuit second. Good luck brother.
 

X-Caliber

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Yeah, thanks bro.. it sucks going from making 23 an hour to sitting at home looking through the paper to start all over again.. It's hard enough to find a job in this side of the state, let alone find one that pays 20 an hour.
 

RedXRunner

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"her heart was no longer in it" was that written on a piece of paper? If not, its a she said he said type of deal. Most likely nothing will happen. After lawyer fees, court fees and time I think it's not worth it. Unless your mom is getting a big settlement.
 

Amarillo X

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"her heart was no longer in it" was that written on a piece of paper? If not, its a she said he said type of deal. Most likely nothing will happen. After lawyer fees, court fees and time I think it's not worth it. Unless your mom is getting a big settlement.
I was thinking along those same lines...you're gonna HAVE to have that in writing. Their are lawyers that specifically deal with labor issues, call one and ask his/her advice and good luck to ur mom!:top:
 

ACE OF SPADE X

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first off let me say sorry to hear about this man it sucks..but man thats is f'ed up..i say fight it and sew the hell out of them ...if she worked for them that long im sure she knows exactly what she is doing... she only got fired prolly because her bosses wife needed a job .
i say if you have the time a money take it to court you will prolly win that one man
 

braves011

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is North Carolina a right to work state? what that means is a employer can terminate an employee for any (or no) reason at all. I know South Carolina is, i was released from a job as a cook and when I asked why the manager said "because I can" and there wasn't anything I could do.
 

Yallrun

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Gezz that's nuts. My boss knows I'm burned out, bored and my heart is not in it anymore. But my boss also knows I kick a$$ and crank it out. If I was canned because my heart wasn't in it, I would have been gone long ago. On my last review said "Needs to be challenged more" looked at my bossed laughed and said, good luck with that. lol

Sorry to here that bro, that's real crappy.
 

rich017

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My parents own a business and I will have to stand on the employer's side of it.

Times are tough and he really just needed to start saving money. That's why his wife now works there. Just because someone is employed, does not mean that they can stick with that company forever. Is an employer supposed to go broke because he is not allowed to get rid of employees??
 

BSP06XRU

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I don't know the labor laws regarding nepotism in NC, but I found this:
http://www.criminal-law-lawyer-source.com/terms/nepotism.html

After working there for 16 years and having this happen, do you think she would want to press any charges or even want to go back to work there if the law forces them to take her back? :dontknow:
Something to think about.
 

Shanes56

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Yeah that is crappy, sorry to hear that, I know in WI we have to show reasons for the termination and make sure that our rules and regulations are clear to the employee and have a signed copy of our policy's. but we can also let go of someone in order to down size/save money. With that said there still need to be a good reason and direct reason to let someone go.
 

x20Runner05

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That totally sucks bro. All you can do is talk to a lawyer and see what your chances are.
 

Coupe

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Yeah that is crappy, sorry to hear that, I know in WI we have to show reasons for the termination and make sure that our rules and regulations are clear to the employee and have a signed copy of our policy's. but we can also let go of someone in order to down size/save money. With that said there still need to be a good reason and direct reason to let someone go.


I think a simple " We are cutting back " will usually do it. She will still be able to collect unemployment benefits. She should file right away.

If you terminate a person in Texas, you are obligated for a portion of the unemployment benefits. If you fired someone, with the proper "written" warnings for tardiness, bad performance, etc. it will prevent the employer from picking up the unemployment. It may also prevent the person from collecting unemployment.
 

K2

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is North Carolina a right to work state? what that means is a employer can terminate an employee for any (or no) reason at all.

^ actually, this is incorrect. Right to work has nothing to do with the legalities of termination --- I used to think so too until I researched it. If you research Right to work laws you'll see that basically:

"State right to work laws essentially require unionized workplaces to become "open shops". Open shops must allow employees to work, whether or not they join the associated unions or pay regular dues."

But. you are right Miami that SC, like Virginia, can terminate an employee for any reason whatsoever. If they want to terminate you because your heart's not in it - they can. I sincerely doubt you would win a court case here and like was said previously, if you don't get a settlement what's the point? Best case scenario she would get her job back and who would want to work there after something like this happened?

On a more personal note, I'm sorry this happened to her. It's a horrible time in this country to be unemployed.
 

MORT-RUNNER

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^ actually, this is incorrect. Right to work has nothing to do with the legalities of termination --- I used to think so too until I researched it. If you research Right to work laws you'll see that basically:

"State right to work laws essentially require unionized workplaces to become "open shops". Open shops must allow employees to work, whether or not they join the associated unions or pay regular dues."

But. you are right Miami that SC, like Virginia, can terminate an employee for any reason whatsoever. If they want to terminate you because your heart's not in it - they can. I sincerely doubt you would win a court case here and like was said previously, if you don't get a settlement what's the point? Best case scenario she would get her job back and who would want to work there after something like this happened?

On a more personal note, I'm sorry this happened to her. It's a horrible time in this country to be unemployed.

This is very true. You won't win this in court. Sucks your mom lost her job. I was recently laid off too and the feeling sucks. The difference with mine was the company told me my position was eliminated. Now cause I work in radio and do commercial audio production, I take a recorder into any and all meetings with me. I keep it in my pocket. I have them telling me that my position was eliminated. I found out about 2 hours later, they sent an all staff email out saying they found a replacement for my position and will start the following Monday. Now that's illegal. If that happened to your mom, you would have a court case on your hands in her favor.
 

Coupe

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I am sorry about your Mom's situation. I wish her the best.
 

BlackCat

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Hmmm ... for my two cents ... I'm not a big fan of lawsuits. I personally think that we as a society have gotten way overboard on the whole matter of suing anybody and everybody else for their errors (real or percieved).

Now, don't get me wrong, what happened to your mom was piss poor and a classic example of atrocious human resource (and human relations) practices on her former boss's part. And, yes, it does create a significant financial burden upon your family. Nobody asked for that, nobody wanted that, nobody planned for that... but it's reality now.

However, also keep in mind the economy and the fact that people all over the place are losing their jobs. It seems that every other week, someone on this forum posts up about their own job loss. Companies everywhere are shaving people to cut costs and because their business is down, they can't afford those people anymore. I don't know about the financials of your mom's former employer, if they're swimming in money or not. But being a boat yard and given how the boating industry as a whole tends to tank during economic hard times (since boats aren't exactly a necessity for most folk), I would tend to believe that they're hurting and looking for ways to shave costs and your mom unfortunately wound up in the cost-cutting cross hairs. Though her former boss's wife now has her job, I'd ask the question of if the boss's wife also has the salary. Is she actually getting paid what your mom got paid to do the job ? Or is she working "out of the goodness of her heart" for her husband (for free or reduced rate). That's something the boss can ask his wife to do ... not an unrelated employee. On the other hand, if the boss brought his wife on board to boost the family income level and help her support her spending habits, then that's another issue.

In addition, I don't know what your mom's working relationship with her boss was like, if it was good and amicable or if it was strained. If it was strained, then this probably shouldn't have been unexpected. If it was good, then her former boss has communications issues, plain and simple.

I'm not gonna stop you from seeking out a lawyer, depending on your state's laws, you may or may not have a case. However, though your moms' former boss may have communications issues, I'd weigh the circumstances of her firing, if it was done to save the company ... or done to save the boss's wife's spending habits. If the former, a lawsuit might not be the best option. Suing them when they're out of money will just land you in the middle of a bunch of legal bills and no payout. And if you go contingency (lawyer only gets paid if he wins) then expect to see 1/3 to 1/2 of your winnings get siphoned off in legal fees. That, and even if you do win, do get paid and the boss is down on cash, then someone else (or multiple someone else's) may lose their jobs at the yard as well to finance your payout. If the latter ... well, I'll let you decide.

And if you do decide to sue, as others have said, not so sure that you would want to sue for the old job back. Does she want to go back to work for that guy ? A nicer severance package might be a better bet ... and something like that can often be done out of court and, depending on the conditions, might not even require a lawyer.
 
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