So I got "let go" from my job on exactly my 6 months due to "downsizing". That would be fine, if she downsized anyone except for me. She legit had 3 workers there, now she has two.
The advice though is that I am about 85% sure she let me go so that her crackhead brother that she got to come down here from Colorado could replace me, (she even bragged about him coming to "help out" and not having to pay him) and she doesn't have to pay him. He literally works for free. And it's illegal to let someone go because there's someone else who can do their job for less or for free. Should I try to take legal action against her?
I think it's worth it, and i'm pissed that she let me go when I was one of the hardest working ones there, and I know her brother replaced me because before he came down here, I was the only one doing my job. He comes down here, and then there's two of us. (The job was called an "opener", and before her brother came to Tennessee I was the only one doing it)
Background Info: he's not on payroll, and he lives with her. So he's working for free for her. All a lawyer would need to do to prove it was call and ask for him.
I have a new job, I got it 1 day after being "let go" from this shitty business.
Her business is not exactly "legit", we were salespeople/telemarketers and she does not scrub the numbers and check them with the nation DNC list.
She also cost me over $300 because I had "insurance" when I went to go get bloodwork, according to her, and then two months later I get a bill in the mail saying my insurance refuses to pay for it.
I'm sorry,but there's nothing you can do.U can file a lawsuit,but for what? She fired you for someone else.U have no proof he's working for free and or he is a crackhead
Think about it, if you take legal action and win what will that do to your working relationship? I doubt you would want to work there after all that drama, it would be so uncomfortable. Sorry this happened to you :(
Legal fees aren't cheap, so you have to ask yourself if it's really worth it at the end of the day? It might be better to use that energy and drive to find something new and better instead. Sorry you got let go though.
Does the means justify the ends?
You'll have to pay a lawyer for a case you're not likely to win, so that could potentially be a big financial loss for you.
To be honest you don't really have much of a case to begin with anyways. I'm not saying you're not right about what's going on, but you have no hope darling.
Sorry.
I think you need to see if it's financially justifiable, if not then onwards and upwards and understand that they lost an excellent workers. You go and work super hard in your new job and find satisfaction where you are valued and appreciated.
Try to sew the company but if you do take it to a court, you'll need a lawyer if you aren't going to win. This could be really costly and only if you really want to prove a point against her or really punish/sew her, then go to court with a lawyer. But, you don't really have anything to go for to begin the case with & I don't think, even with a good lawyer, you'd win :/
catch_a_falling_star - Her brother was working there while I was there too, him and I both worked as the same position. I had 6 months experience so I was very good at it, and he's awful. He had only been working there about a week before I got "let go".
jfkburks4 the proof he's working for free is that he's in the office, working for her, but he's not on payroll.
SimplyObsessed I don't work there anymore, I got ~"let go"~
Asupreme yes, I agree, I already found something new 1 day after being let go. But it pisses me off and enrages me that she did that, and it is illegal.
To me it sort of sounds like these are all rumors, or at least that's how you worded it. I'm really not sure how the system works, but I'd speak your case to a lawyer somewhere, I'm pretty sure you can find a friend of a friend or whatever and see if you have a case for free.
If you wanna sue her then sue her but I legit have no idea about stuff like illegal workers etc. so I dont know how it would work out, if you would get paid for it or anything
You have nothing to lose by contacting a free legal advice phone line or agency, to see if you can put together a case. Tbh it sounds like what she has done is very dodgy.
It sounds like you were kind of mentoring him to take over your own job!!!!!!!
Shayy, you cannot prove a negative. I.E: She will never be able to prove in court that she DIDN'T fire you for personal reasons.
Hence, the Burden of Proof and the Onst is on you to provide irrefutable evidence that shows that her firing of you was Ultra Vires (outside the Law).
But, remember, if you signed a contract when you went to work there that said ANYTHING in it about termination without prejudice and stuff, you're shit out of luck too, because that's fairly common and acts as a binding agreement. always read the fine print.
But seriously, if you wanted to sue her, you would need irrefutable evidence, a basis for the claim and assurances you wouldn't be throwing your money away. It's not worth it Shay, you'll lose the case on almost principle. If I was the judge presiding, I'd have it thrown out of my court in minutes.
I mean the reason she gave me was "downsizing," so that would prove it wasn't for a personal reason because that is the official reason I was given. Then, to prove he works there, all a lawyer would need to do is call the place or go to the place. Then, pull the payroll records, and see that he is NOT on payroll and is doing the job that I was previously doing.
I don't think you have a case in this situation, Shayy. At best, what would happen is that they would say that he is filling a different position than yours that works for a lower price, and that would qualify "downsizing" since they couldn't keep 4 people on, yeh?
Um if you're in college, I would speak to there business law professor (or some law teacher) that would give you advice for free. You'd find out how strong your case actually is and if it it's worth it. What would you be suing for tho? Money? Like how much? Sometimes cases can cost a lot and even if you won, you'd prob end up losing more money then what you'll get.
David They wouldn't be able to say he was filling a different position. This is a small business that just got up and running the end of last year, by the time I got let go there was just ME doing my job, an "opener". Then, when her brother came down, he became an "opener" and then shortly after I got let go.
ShayyBayy no don't bother most people work "at will" and can be fired or let go for any or no cause. a contracted employee or union employee might have redress but I doubt it. I bet many people know of parents etc that where downsized years ago for any number of reasons and later on just replaced with younger cheaper workers. In IT and programming its called outsourcing and is perfectly legal.
honestly what is there to gain by taking legal action?? like you aren't going to get the job back and how much money would you actually get out of that person? I've been fired before for really dumb reasons (mine was for having pictures of me underage drinking on Facebook and the family didn't want to support someone who did that..i was a server at the time) and yeah it fucking sucks and you feel angry but once you find a new job that was better than it you forget all about that other one
Is there a labor standards board? Also, just remember statutes of limitations if you plan on taking legal action. If a certain amount of time passes, you are ineligible to challenge this through the legal system or proper channels.
I would def call a labor standards board or workers rights of some sort. That has to exist. You must have some rights. Unless your boss did this legally, then you're screwed, but be sure to check your resources.
What ASupreme and Robozoe said, the cost of hiring an attorney and filing a lawsuit against her would probably be even more expensive than anything you'd stand to gain from the trial. Her business doesn't exactly sound like a rich corporation that has millions stashed away for lawsuit settlements, so I doubt you'd be able to really get anything from it.
Didn't read any of the comments. But I'd only "take legal action" if you'd get something out of it. If you do it just so she ends up with a slap on the wrist for something, then it would be pointless.
I'd talk to a lawyer or someone who maybe knows a bit about what happened. If they think there's potential for it, I say go for it. Who cares if you got a new job the day after, the treatment you received seems to have been uncalled for.
Is it a private business? Idk about Tennessee law but in Alabama a small business owner can hire and fire whoever they want if they own the company. Like if it is hers and she started it up then I don't think there is anything you can do. But if it isn't then I don't know if it is worth it to hire legal action. Need to see if the benefit would outweigh the costs.
ShayyBayy hun, if your not in a union, they can fire you for any reason, maybe if her business is dirty with the IRS, but if your not in a union, they can fire you because they don't like the color of your shirt.
SuperCam is who I agree with just because I would not want you to go through the trouble of getting a lawyer, paying a lawyer, court appearance fees and all that shenanigans should you lose
shayybayy I happen to live in Tennessee and Tennessee can fire at will. They can fire you whenever they want. They don't have to have a good reason. She could say she fired you because she didn't like the way you wore your hair that day. Sorry but if you took it anywhere you wouldn't win.
Wtf, way to try and ruin business owner rights. She said it was to downsize. Aka she wants to cut costs. If you aren't willing to work for less. Which is a preposterous idea because no one takes a pay cut, then it's in her every right to cut down costs. It's his time and he can volunteer it for whatever he wants
i dont think its illegal to hire someone to do a job for less money. why do you think all those fast food places pay the least amount possible? or companies outsourcing to other companies. i know in my state, an employer has the right to terminate employment without notice or cause. they can just because they want to. also in my state, her brother can work for her for living costs. so she could just say he is working off the debt for him living with her.
sorry, i dont think you have a case. sorry this happened to you.
You probably were unfairly let go, but that doesn't mean it was illegal. I doubt it would be worth the hassle to file suit. You should get some legal advice before making a decision.
If you really want to go to through the process of suing someone, it might cost more then you'll get, also be careful because you don't want to get yourself in trouble with some corporation if the business isn't legal.
Maybe threaten to sue and then settle out of court (which usually happens anyway)
ShayyBayy I know this situation sucks. Are you 100% sure you have a case that you could win? Then you also have to ask yourself, is it worth it?
5 years ago, I was let go from a job very unfairly. I mean I was working my butt off for this guy. Anyway, he really had NO good reason to let me go. Heck, I didn't even get my last paycheck. I was trying to fight to get my last paycheck and was even talking to some people about stuff. Well, it ended up getting back to him and then he threatened to sue me. I figured a 2 week paycheck wasn't worth it.
Even though I couldn't see it at the time. What he did to me ended up being a blessing in disguise because I'm much better off today. Plus I'm in a company that I love, I can advance in, but most important, I love what I do. It's what inspired me to go back to school 2 years ago.
Even though what happened to you was crappy, maybe it will end up being a good thing. You said you have a new job. Now if you try and fight your previous employer, will that have any effect on your new employer?
all she would say is hes working for room and board, you could talk to a lawyer (it wouldnt hurt) but i wouldnt expect anything out of it. Grats on the new job, you'll probably be a 1000 times happier there
Shayybayy Check the rules of the state and of your previous contract. Don't bother putting together a case if the rules interfere with each other, because this just sounds like either a messy case where no one gains anything or a clear cut case where someone gets an easy win.
