fired for not lettting the owner keep yelling at me

[badinc]

What is the name of your state (only U.S. law)? calif
in my employee hand book there is a part called rules of conduct and gives you things that are violations like 1. abusive or vulgar language .2 behavior that is offensive to other employees 3 displaying behavior that could endanger oneself or another employee. well the owner of the company dose these examples all the time he is the one in violation .if these rules apply to employees is it fair to say it apply to the owner to these are his rules . so here is what happened i was loading a truck with are forklift and the owner is wright next to me barking orders on how to load the truck and i guess i wasnt doing fast enough or the way he wanted me to ,and on my defense i was doing it the way i felt safe the forklift was almost at its max lifting capacity .so the owner said to me are you stupid i can drive that thing way better than you but he said it with some vulgar language .so instead of letting him get more mad at me i said if im doing it wrong the show me how to do.the he said some insults towards me and said get off your fired. i not once raised my voice or used any bad language and walk off to get my check.i could of stayed there and let him get me more mad and then we really would of had problems then.first off when i was hired i was hired on as a hydraulic tec that meant working on rebuilding cylinders and pumps valves and help on othe company projects. i wasnt even certified to drive there forklifts for there shop i never watched the video to be certified there.and what he was asking me to do was unsafe to me i am 40 years old i drove a forklift for my last company 12 years so i new what i was doing .here is my next problem before i was hire i had another i told the owner before i say yes to working there i need to no if i will be at his employment for at lease a year for sure and she told ya for sure .and i said if not i will stay were i am now working be cause knowing how hard it is to find work now days it wouldn't be worth it to me .and she assured me no for sure you will. i only was employed there for five months before i was fired. remind you this was only a verbal agreement but i wanted her no what i was expecting and my terms on working there.the owner has had pass problem in court on doing the same kind of stuff to other employees to.he walks around talking down to others and acting like we are a bunch of retards with verbal commits he is more of a danger to all the employees we he comes back and start telling us how to do things because somethings are not safe the way he wants it done.he is in his late 70s and he sometimes is not all there in his head.so now im without a job more likely going to be homeless soon and be in default on my bills .is there anything i can do what can i do legally and do i have any standing to file a claim on him.i guess the other claims he has had in the pass he has lost to .and other employees there are will to step up and tell about his abuse and racial commits he says all the time

 

[eerelations]

Unless the owner was yelling at you/fired you specifically because of things like your race, gender, age, religion and/or disability, then he hasn't broken any laws. As a result, you don't have a claim for wrongful termination. This is regardless of what the employee handbook says.

A verbal agreement of "ya for sure" and "no for sure you will" does not rise anywhere near the level of a contract. As a result, you don't have a claim for a guaranteed one year of work.

 

[badinc]

even if what he was yelling at me to do was unsafe. i made it very clear that i had to be sure i would be working there for at lease a year and if not i didnt want the job.and the owner assured me that i would. how about asking us to do stuff unsafe because he is old and is getting senile. he broke my verbal agreement that if he didn't give me a year for sure i wouldn't leave were i was already .is he not bound by the same rules as i am in the employee hand book
on treatment of other employees.now he has put me in a spot were i didnt want to be .i guess if there is nothing i can do i will have to take care it my self .
there is always consequence for you action

 

[Silverplum]

even if what he was yelling at me to do was unsafe. i made it very clear that i had to be sure i would be working there for at lease a year and if not i didnt want the job.and the owner assured me that i would. how about asking us to do stuff unsafe because he is old and is getting senile. he broke my verbal agreement that if he didn't give me a year for sure i wouldn't leave were i was already .is he not bound by the same rules as i am in the employee hand book
on treatment of other employees.now he has put me in a spot were i didnt want to be .i guess if there is nothing i can do i will have to take care it my self .
there is always consequence for you action

It sounds like you think older folks should just get out of the way for the younger.

You aren't a physician, and you aren't his physician: your silly "assessment" of your former employer's mental acuity is just rude.

And your last line sounds like a threat.

 

[cbg]

is he not bound by the same rules as i am in the employee hand book on treatment of other employees

No. He's not. He's the boss. And when you own the company you won't be required to follow the rules in the employee handbook either. Until then, unless he is telling you to do something that is illegal or unsafe by OSHA standards (which does NOT mean that you think it would be safer to do it another way) you do what you are told and if you don't, you risk getting fired.

 

[Hot Topic]

What fool hired you?

 

[Proseguru]

The boss may never always be right; but the boss is the boss

 

[swalsh411]

File for unemployment. A single incident of refusing to do something which you reasonably considered to be unsafe (especially if you are experienced enough to say with some level of certainty that it really was unsafe) probably does not rise to the level of misconduct.

 

[badinc]

What fool hired you?

there is always one

 

[commentator]

It sounds like you sort of thought you had a lot of rights on the job that you didn't have. What you do have the right to do is immediately file a claim for unemployment insurance. Tell them exactly what the circumstances were under which you were fired, what was said and done by both you and the employer.

Leave off the part about how you were not hired to operate the forklift or how you were told you'd be employed there at least a year before you took the job. That is real silly, you know, because if you were in business, you wouldn't agree to it either. What employer would agree to hire someone, and promise them in any kind of legally binding way that they'd be employed at least a year? What if they turned out to be sorry or incompetent or the company lost business or something? You have no complaint here,no right to be treated nicely, no right not to be fired.

But when a person is fired, the employer must, to keep them from being approved for unemployment while they are looking for another job, prove that they had a good valid misconduct reason to fire the person. Refusal to operate equipment in a specific manner that you knew was unsafe is not insubordination or gross misconduct. You did not retaliate or yell or complain or threaten the employer. Tell the claim taker who is taking your unemployment claim this.

The process of filing an unemployment claim may take many weeks, but if you file and certify for each week that passes, you will eventually be backpaid for each week since you have filed, IF your claim is approved, of course. It is your only recourse. You have no legal action you can take, OSHA will not be interested in one incident like this of being asked to do something unsafe, there is no EEOC violation, no wrongful discharge, nothing except that you're fired, and now you file for unemployment benefits and move on. Start trying very hard to find another job before you go under financially. But your former employer is no responsible for you, they have the right in an at will state to hire you or fire you for any reason they want to. The only thing is that you may be able to get unemployment insurance benefits if they did not have a misconduct reason to terminate you.

And no doubt you are not going to take things into your hands and try to take vengeance against these people. That would be profoundly stupid and would justify the owner's decision to get rid of you in the first place. Why would you ruin an otherwise good work history and your chances for a good life just to pay back someone you did not work a year for? Move on and do better, that's the best revenge against people who treat you poorly.

 

[badinc]

thanks for all the your help.i have one last question if i could prove that he has been going to a doctor for memory loss and not being able to think straight as a form of all timers .could that help me in my case because of the problems it cause in thinking .and as me taking thing in my own hand i will never tell because unless you walk in my shoes you have no ideal what this is going to do to at .i always show respect to others i did my job very well i never had a complaint on me at any job i have had.and this is so wrong in so many ways and how hard it is to even find a job. i told them i would be happy to stay at my other job if for any reason it could end up short term.they have had other case on them for harassment before and how many other people have quit because of there actions.instead i was fed false statements on how there work place was.i would care if he fired me if i had prior complaints on me .and if you were 2 paychecks away of being broke every month .and not working would have you to lose your place you live and all the things you have worked hard to keep.over another person have no common sense towards how to treat others and then have the power to make him homeless and broke just because you a dick .and you are night firing him because of having or causing problem in the work place or doing his job very well thats all im going to say and thanks again for all the answers i have got from all of you.

 

[cbg]

if i could prove that he has been going to a doctor for memory loss and not being able to think straight as a form of all timers .could that help me in my case

It would not make your termination illegal, if that's what you mean. Nor would it have any affect on your unemployment claim.

So, no. It would not help you.

 

[badinc]

It sounds like you think older folks should just get out of the way for the younger.

You aren't a physician, and you aren't his physician: your silly "assessment" of your former employer's mental acuity is just rude.

And your last line sounds like a threat.

shut up you have no ideal how old i am.i have nothing against old people in general but when they start lossing it and it is effecting my life than yes

 

[Proserpina]

shut up you have no ideal how old i am.i have nothing against old people in general but when they start lossing it and it is effecting my life than yes

Um..says the person who calls it "all-timers"?

It's Alzheimer's.

Perhaps your boss thinks you're simply inept?

 

[I'mTheFather]

Um..says the person who calls it "all-timers"?

It's Alzheimer's.

Perhaps your boss thinks you're simply inept?

Agreed.

shut up you have no ideal how old i am.i have nothing against old people in general but when they start lossing it and it is effecting my life than yes

OP said he was 40 in his first post. (Although, I must say, I completely understand how he was able to miss that fact if he tried to reread his very-difficult-to-read original post!)

What is the name of your state (only U.S. law)? calif
in my employee hand book there is a part called rules of conduct and gives you things that are violations like 1. abusive or vulgar language .2 behavior that is offensive to other employees 3 displaying behavior that could endanger oneself or another employee. well the owner of the company dose these examples all the time he is the one in violation .if these rules apply to employees is it fair to say it apply to the owner to these are his rules . so here is what happened i was loading a truck with are forklift and the owner is wright next to me barking orders on how to load the truck and i guess i wasnt doing fast enough or the way he wanted me to ,and on my defense i was doing it the way i felt safe the forklift was almost at its max lifting capacity .so the owner said to me are you stupid i can drive that thing way better than you but he said it with some vulgar language .so instead of letting him get more mad at me i said if im doing it wrong the show me how to do.the he said some insults towards me and said get off your fired. i not once raised my voice or used any bad language and walk off to get my check.i could of stayed there and let him get me more mad and then we really would of had problems then.first off when i was hired i was hired on as a hydraulic tec that meant working on rebuilding cylinders and pumps valves and help on othe company projects. i wasnt even certified to drive there forklifts for there shop i never watched the video to be certified there.and what he was asking me to do was unsafe to me i am 40 years old i drove a forklift for my last company 12 years so i new what i was doing .here is my next problem before i was hire i had another i told the owner before i say yes to working there i need to no if i will be at his employment for at lease a year for sure and she told ya for sure .and i said if not i will stay were i am now working be cause knowing how hard it is to find work now days it wouldn't be worth it to me .and she assured me no for sure you will. i only was employed there for five months before i was fired. remind you this was only a verbal agreement but i wanted her no what i was expecting and my terms on working there.the owner has had pass problem in court on doing the same kind of stuff to other employees to.he walks around talking down to others and acting like we are a bunch of retards with verbal commits he is more of a danger to all the employees we he comes back and start telling us how to do things because somethings are not safe the way he wants it done.he is in his late 70s and he sometimes is not all there in his head.so now im without a job more likely going to be homeless soon and be in default on my bills .is there anything i can do what can i do legally and do i have any standing to file a claim on him.i guess the other claims he has had in the pass he has lost to .and other employees there are will to step up and tell about his abuse and racial commits he says all the time

I am very curious about how he thinks he'll be able to prove that his former boss is receiving medical treatment for "all-timers".