Advertise on Bikeforums.net



User Tag List

Page 1 of 3 123 LastLast
Results 1 to 25 of 55
  1. #1
    Look! My Spine! RubenX's Avatar
    Join Date
    Apr 2008
    Location
    Winter Springs, FL
    Posts
    539
    Mentioned
    1 Post(s)
    Tagged
    0 Thread(s)

    Foo, a dear friend of mine needs some serious help...

    This is a longish post but I spent quite some time making it and I would really apretiate if you can read it and provide some input/comments/sugestions. I have a friend in trouble and he *really* needs direction on what to do next.

    Here's the situation:

    Back In December 2010

    My friend had a good paying job at the top of his field which is a very limited field. Positions on that industry are scarce and difficult to get. However, something was going on with the manager. Maybe it was rasism, maybe something else, we don't know. But the manager was setting my friend up for failure by giving him double the proyects as everybody else, canceling his vacations the day before they started, all sort of nasty things.

    January 2011

    My friend was convinced (and so was I) that the manager was trying to build up a record in order to fire him. Given that the field is a limited one, he can't afford that risk. So he asked for a transfer to another office, 20 miles away. The transfer got approved but the current manager requested a meeting. To this meeting attended the manager of the new aspiring position, the regional director, the current manager and my friend.

    The current manager then said that he was heavily understaffed and that my friend was one of the few that could manage a heavy schedule, therefore he was needed there and he opposed to the transfer. The director, based on this, decided to keep my friend where he was.

    February

    Even tho the manager praised my friend to keep him from getting a transfer, he continued writing him up for the silliest reasons like getting late by 2 minutes (regardless of he worked 6 hours overtime the night before). It was clear to my friend that the only way to save his proffesional record was to resign and get another job elsewhere. He already had a job lined up so he put his 2 weeks notice and left.

    March

    My friend is feeling great on his new job. This one was an entry level position on a no-name small company with half the pay... but at least he was free of the nasty manager *and* he saved his career (or so he thought).

    Two weeks into the new job he gets terminated. The new boss claimed that bussiness was slow and he had to be let go. That explanation sounded fishy but off he went into the job market.

    October

    Months have past, my friend was still unemployed. He has go to numerous interviews (common) and even sent to drug testing prior to being hired (uncommon). But there is always a phone call just before the starting date saying that they choose somebody else.

    And today he received a call that confirmed what we suspected. Yet another job where he got interviews, got drug testing and even was sent to mandatory company new-hire training (and got paid for those hours)... received a call from new boss saying they were not going to hire him... because (drum roll here)... they talked to his old job and the nasty manager over there gave really bad references about him.

    What now

    As it is, his career is pretty much over. It's been months on end of unemployment, his savings (even the 401k) are long gone, his car was repossed, he's living with friends... really bad spot overall.

    He told me what happened this morning and I feel like it was happening to me. In fact, I had the same thing happening to me like 20 years ago. It was back in Puerto Rico and I sued and won. But I now nothing about the labor laws here in Florida. I know Florida is a pro-employer state where most of the workers rights get ignored. But come on! There got to be something that my friend could do.

    Any comments would be really apreciated.
    "Hoy es un dia normal, pero yo voy a hacerlo intenso" ~ Juanes

  2. #2
    Mystery Meat gitarzan's Avatar
    Join Date
    Jul 2009
    Location
    Columbus, Oh!
    My Bikes
    Soma Saga, 1991 Sirrus, Specialized Secteur Elite, Miele Umbria Elite.
    Posts
    1,035
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Call his old boss for a reference. Tape it. You can tape a call as long ONE side of the party knows it is being taped. You just can't tape everything indiscriminately with a court order. See if old boss says bad stuff.

    If so see a lawyer. He may have a civil case.
    Quote Originally Posted by Jseis View Post
    Is a ukulele player in a mandolin town and banned from all bars by the chief of police unless he leaves his strings and gravy at the front door.

  3. #3
    Senior Member Zaneluke's Avatar
    Join Date
    Oct 2008
    Location
    Germantown MD
    My Bikes
    Trek Y-5
    Posts
    277
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Quote Originally Posted by gitarzan View Post
    Call his old boss for a reference. Tape it. You can tape a call as long ONE side of the party knows it is being taped. You just can't tape everything indiscriminately with a court order. See if old boss says bad stuff.

    If so see a lawyer. He may have a civil case.
    it is illegal to tape someones conversation without their knowledge in some states.

  4. #4
    Hey guyz? Guyz? Wait up!! Siu Blue Wind's Avatar
    Join Date
    Apr 2005
    Posts
    10,476
    Mentioned
    1 Post(s)
    Tagged
    0 Thread(s)
    It is against California law for an old employer to give any other feedback other than dates of service, type of job performed and pay scale. I know this because I was the hiring person. You might want to check into this to see if something like this is similar in your state.

    If so, that ex boss is in big trouble!
    Quote Originally Posted by Buddha
    We are what we think. All that we are arises with our thoughts. With our thoughts, we make the world.
    Quote Originally Posted by making View Post
    Please dont outsmart the censor. That is a very expensive censor and every time one of you guys outsmart it it makes someone at the home office feel bad. We dont wanna do that. So dont cleverly disguise bad words.

  5. #5
    Senior Member shawmutt's Avatar
    Join Date
    Jul 2011
    Location
    Greencastle, PA
    My Bikes
    2010 Jamis Aurora, 2005 Trek 7500
    Posts
    255
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Have your friend see a lawyer.
    My lifestyle change journey can be found here: The Skeptical Loser

  6. #6
    Hey guyz? Guyz? Wait up!! Siu Blue Wind's Avatar
    Join Date
    Apr 2005
    Posts
    10,476
    Mentioned
    1 Post(s)
    Tagged
    0 Thread(s)
    Quote Originally Posted by Buddha
    We are what we think. All that we are arises with our thoughts. With our thoughts, we make the world.
    Quote Originally Posted by making View Post
    Please dont outsmart the censor. That is a very expensive censor and every time one of you guys outsmart it it makes someone at the home office feel bad. We dont wanna do that. So dont cleverly disguise bad words.

  7. #7
    long time visiter Alfster's Avatar
    Join Date
    Oct 2005
    Location
    SW Ontario
    My Bikes
    2005 Trek 6700 disc 2007 Orbea Onix 2009 Raleigh One Way
    Posts
    585
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Quote Originally Posted by Siu Blue Wind View Post
    It is against California law for an old employer to give any other feedback other than dates of service, type of job performed and pay scale. I know this because I was the hiring person. You might want to check into this to see if something like this is similar in your state.

    If so, that ex boss is in big trouble!
    It's our Company Policy that ONLY our Human Resources department can respond to questions regarding past employee records. Employees / Managers are not allowed to give past employees Letters of Recommendation, or provide recommendations (or negative comments) over the phone. I believe our HR department basically provides the minimal information you pointed out above.

  8. #8
    location:northern Ohio
    Join Date
    Jul 2006
    Posts
    3,568
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    So you were fired 20 yrs ago in Portable Rico due to race?

    We need to have a long talk over a few Sailor Jerrys to iron this out
    --------------------------------------------------------------------------------

  9. #9
    The Site Administrator: Currently at home recovering from a couple of strokes,please contact my assistnt admins for forum issues Tom Stormcrowe's Avatar
    Join Date
    Mar 2006
    Location
    South Florida
    My Bikes
    Techna Wheelchair and a Sun EZ 3 Recumbent Trike
    Posts
    16,014
    Mentioned
    10 Post(s)
    Tagged
    4 Thread(s)
    Quote Originally Posted by gitarzan View Post
    Call his old boss for a reference. Tape it. You can tape a call as long ONE side of the party knows it is being taped. You just can't tape everything indiscriminately with a court order. See if old boss says bad stuff.

    If so see a lawyer. He may have a civil case.

    All a former employer is allowed to say, without risk of libel is whether he's eligible for rehire or not. They can go above and beyond with a good reference, of course, that's beneficial, but the not eligible for rehire is code fo0r "Do Not Hire".
    on light duty due to illness; please contact my assistants for forum issues. They are Siu Blue Wind, or CbadRider or the other 3 star folk. I am currently at home recovering from a couple of strokes. I am making good progress, happily.


    . “He who fights with monsters might take care lest he thereby become a monster. And if you gaze for long into an abyss, the abyss gazes also into you.”- Fredrick Nietzsche

    "We can judge the heart of a man by his treatment of animals." - Immanuel Kant

  10. #10
    Senior Member JonnyHK's Avatar
    Join Date
    Sep 2008
    Location
    Hong Kong
    My Bikes
    Baum Romano, Colossi xCr, Lynskey Crosstown
    Posts
    1,941
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    What goes around, comes around.

    The old boss deserves to suffer. Sounds like a nasty piece of work.

  11. #11
    Found my way <3 2 Ride's Avatar
    Join Date
    Aug 2008
    Location
    On the shore
    My Bikes
    Salsa Campeon, Specialized Crux, Bottechia Mixte
    Posts
    1,013
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Time to lawyer up, Rube.
    When the power of love overcomes the love of power, the world will know peace. - Jimi Hendrix

    Life is what happens to you while you are busy making other plans. - John Lennon


  12. #12
    K2ProFlex baby! ilikebikes's Avatar
    Join Date
    Feb 2007
    Location
    My response would have been something along the lines of: "Does your bike have computer controlled suspension? Then shut your piehole, this baby is from the future!"
    My Bikes
    to many to list
    Posts
    6,101
    Mentioned
    2 Post(s)
    Tagged
    0 Thread(s)
    Anyone besides me think Rubes friend may be the problem?
    You see, their morals, their code...it's a bad joke, dropped at the first sign of trouble. They're only as good as the world allows them to be. I'll show you. When the chips are down, these...These "civilized" people...they'll eat each other. See, I'm not a monster. I'm just ahead of the curve

  13. #13
    location:northern Ohio
    Join Date
    Jul 2006
    Posts
    3,568
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Our friend Rube as usual has been very cryptic on giving us all the facts on his friend.
    Rube is a charitable type guy but does get caught up in the drama a bit.
    --------------------------------------------------------------------------------

  14. #14
    location:northern Ohio
    Join Date
    Jul 2006
    Posts
    3,568
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    I preferred the usual Rubens Car/Beaver Workshop TM..
    --------------------------------------------------------------------------------

  15. #15
    AEO
    AEO is offline
    Senior Member AEO's Avatar
    Join Date
    Jun 2007
    Location
    A Coffin Called Earth. or Toronto, ON
    My Bikes
    Bianchi, Miyata, Dahon, Rossin
    Posts
    12,245
    Mentioned
    1 Post(s)
    Tagged
    0 Thread(s)
    Quote Originally Posted by Alfster View Post
    It's our Company Policy that ONLY our Human Resources department can respond to questions regarding past employee records. Employees / Managers are not allowed to give past employees Letters of Recommendation, or provide recommendations (or negative comments) over the phone. I believe our HR department basically provides the minimal information you pointed out above.
    I thought that was ontario law.
    Food for thought: if you aren't dead by 2050, you and your entire family will be within a few years from starvation. Now that is a cruel gift to leave for your offspring. ;)
    http://sanfrancisco.ibtimes.com/arti...ger-photos.htm

  16. #16
    BF Risk Manager
    Join Date
    Mar 2006
    Location
    Snohomish County, Washington USA
    My Bikes
    Road, mountain and folding
    Posts
    896
    Mentioned
    2 Post(s)
    Tagged
    0 Thread(s)
    Just FYI, the reality in most states that it is very difficult for a former employee to win a defamation suit against a former employer. You have to be able to establish that the defamatory statements are untrue and they were the proximate cause of not being hired. This can be a difficult standard to prove. Not to mention that these cases are generally not big payoffs even if the employee was to prevail, so many plaintiff lawyers are not eager to take such cases.
    Regards, MillCreek
    Snohomish County, Washington USA

  17. #17
    Senior Member Zaneluke's Avatar
    Join Date
    Oct 2008
    Location
    Germantown MD
    My Bikes
    Trek Y-5
    Posts
    277
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Quote Originally Posted by ilikebikes View Post
    Anyone besides me think Rubes friend may be the problem?
    Always two sides to the story.

  18. #18
    Look! My Spine! RubenX's Avatar
    Join Date
    Apr 2008
    Location
    Winter Springs, FL
    Posts
    539
    Mentioned
    1 Post(s)
    Tagged
    0 Thread(s)
    Quote Originally Posted by ilikebikes View Post
    Anyone besides me think Rubes friend may be the problem?
    Doubt it. First, well, it's my friend and when he screws up he tells me so. Second, he always had 100% in his yearly reviews (and has hard copies) for 6 years... Problems started in late 2010 when the nasty manager assumed position. And 3rd, the whole transfer thing. If I'm in charge of a team with a problematic employee that I'm trying to fire, why deny his transfer? On the contrary, I would help the guy so I could get rid of him faster.

    I call him last night to let him know about the links that Siu posted (thx Siu) and got some more details. The new job *did* got generally good references from the old job human resources dept. And before he started the new job training, he did sign a contract, got a badge, employee number etc... he was already hired. It was a few days into the training that the nasty manager himself took the time to call the new job and screw my friend up.

    Granted, maybe my friend did something of personal nature that piss off the old manager. But never the less, personal grievances should not interfere with professional behavior.

    He'll come later today to use my super duper mega fast internet connection to do some research and try to find a lawyer. I'll let you know how it went.

    IMHO, it is not about winning but more about discouraging nasty manager from keeping this up. If the old company has to spend resources and money on a case, the nasty manager's superiors might tell him to let this issue go. Companies like *making* money, not spend it.
    "Hoy es un dia normal, pero yo voy a hacerlo intenso" ~ Juanes

  19. #19
    Senior Member
    Join Date
    Apr 2007
    Location
    Minneapolis, MN
    Posts
    176
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Quote Originally Posted by Zaneluke View Post
    Always two sides to the story.
    Three sides...person 1, person 2, and the truth.

  20. #20
    BF Risk Manager
    Join Date
    Mar 2006
    Location
    Snohomish County, Washington USA
    My Bikes
    Road, mountain and folding
    Posts
    896
    Mentioned
    2 Post(s)
    Tagged
    0 Thread(s)
    Quote Originally Posted by RubenX View Post

    IMHO, it is not about winning but more about discouraging nasty manager from keeping this up. If the old company has to spend resources and money on a case, the nasty manager's superiors might tell him to let this issue go. Companies like *making* money, not spend it.

    Not necessarily. The company likely has employment liability practices insurance that provides coverage for these sort of claims. So it is spending the insurance company's money.

    It is like my malpractice cases where someone wants to financially punish the hospital or doctor; they get kind of deflated when I point out that the hospital or doctor has insurance, and they are not paying any money out of pocket for the case.
    Regards, MillCreek
    Snohomish County, Washington USA

  21. #21
    Senior Member himespau's Avatar
    Join Date
    Jun 2008
    Location
    Louisville, KY
    Posts
    7,498
    Mentioned
    3 Post(s)
    Tagged
    0 Thread(s)
    Quote Originally Posted by MillCreek View Post
    Not necessarily. The company likely has employment liability practices insurance that provides coverage for these sort of claims. So it is spending the insurance company's money.

    It is like my malpractice cases where someone wants to financially punish the hospital or doctor; they get kind of deflated when I point out that the hospital or doctor has insurance, and they are not paying any money out of pocket for the case.
    true, but losing lawsuits can raise premiums which will hurt them a little bit and be an annoyance.
    Punctuation is important. It's the difference between "I helped my uncle, Jack, off a horse" and "I helped my uncle Jack off a horse"


  22. #22
    Banned. ModoVincere's Avatar
    Join Date
    Aug 2006
    Posts
    1,628
    Mentioned
    1 Post(s)
    Tagged
    0 Thread(s)
    lawyer

  23. #23
    Senior Member Zaneluke's Avatar
    Join Date
    Oct 2008
    Location
    Germantown MD
    My Bikes
    Trek Y-5
    Posts
    277
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Quote Originally Posted by RubenX View Post
    If I'm in charge of a team with a problematic employee that I'm trying to fire, why deny his transfer? On the contrary, I would help the guy so I could get rid of him faster.
    I am a manager and am devoted to the company I work for. If I had a problem employee and have started the paperwork to document the reasons behind his pending dismissal I would block a transfer. Why? Because The whole process would have to start over again.

    Never happened though. I have been blessed with decent people for the most part.

  24. #24
    location:northern Ohio
    Join Date
    Jul 2006
    Posts
    3,568
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Quote Originally Posted by RubenX View Post
    Doubt it. First, well, it's my friend and when he screws up he tells me so. Second, he always had 100% in his yearly reviews (and has hard copies) for 6 years... Problems started in late 2010 when the nasty manager assumed position. And 3rd, the whole transfer thing. If I'm in charge of a team with a problematic employee that I'm trying to fire, why deny his transfer? On the contrary, I would help the guy so I could get rid of him faster.

    I call him last night to let him know about the links that Siu posted (thx Siu) and got some more details. The new job *did* got generally good references from the old job human resources dept. And before he started the new job training, he did sign a contract, got a badge, employee number etc... he was already hired. It was a few days into the training that the nasty manager himself took the time to call the new job and screw my friend up.

    Granted, maybe my friend did something of personal nature that piss off the old manager. But never the less, personal grievances should not interfere with professional behavior.

    He'll come later today to use my super duper mega fast internet connection to do some research and try to find a lawyer. I'll let you know how it went.

    IMHO, it is not about winning but more about discouraging nasty manager from keeping this up. If the old company has to spend resources and money on a case, the nasty manager's superiors might tell him to let this issue go. Companies like *making* money, not spend it.
    Thank you Rubester for giving more complete facts(you're no Perry Mason).
    Now we have some of the great minds of the universe working on your case here in Fooland.


    Your friend sounds like the perfect employee but was he the guy showing up for work in a leather vest and assless chaps?
    --------------------------------------------------------------------------------

  25. #25
    Senior Member Zaneluke's Avatar
    Join Date
    Oct 2008
    Location
    Germantown MD
    My Bikes
    Trek Y-5
    Posts
    277
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Quote Originally Posted by RubenX View Post
    Granted, maybe my friend did something of personal nature that piss off the old manager. But never the less, personal grievances should not interfere with professional behavior.
    I must have overlooked this gem.
    What did he do that pissed the boss off?

Page 1 of 3 123 LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •