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FOR todd75

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I AM ALWAYS LIABLE

Senior Member
#1 Yesterday, 10:52 PM
todd75
Junior Member Join Date: Apr 2005
Posts: 3

Did I deserve to be terminated

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What is the name of your state?What is the name of your state? New Hampshire

I have worked as a Traffic Controller for 3 years with this company. I was directing traffic on a highway, the driver refused to obey the stop sign. I yelled to the driver to stop. As she had her windows up and was talking on her cell phone while speeding up to the entrance of the work zone. The driver could not here my telling her to stop. This was a one lane road and traffic was being sent from the other side heading in this drivers direction. I had to step in the path of the drivers car in order for her to see me and then I directed her to move into the other lane. This resulted in a me losing my cool and cursing at the driver for not obeying the work zone rules. Eight signs telling drivers they were entering a work zone including a posted 30MPH speed limit sign(reduced from regular 45 MPH) was posted before my assigned position. This was not the first driver of this sort for the day as the incident happened at 3 in the afternoon and I had been on this job since 6:30AM ,watching drivers speed up to the work zone disobeying the posted signs.
I was about 10 feet from the driver while shouting obscenities about her driving. I never touched the driver or threatened to do bodily harm to the driver. I feel I had control over my actions and did not feel at the time I was going to cause harm to her or anyone else. I was simply frustrated at the situation and felt at the time that venting my anger at this particular driver was the best way to handle the situation.
My co-worker called my employer on my behalf and at my request letting them know about the incident and I requested to be relieved of my duties for the day. I was then told to finish out the day.
After work I checked myself back into a Mental Health center that I had been a client at before. I was not on my prescribed medication because of the cost of my insurance companies required copay and lack of money to provide this medication. My employer informed me to take the time I needed to get myself better and my job would be waiting for me when I felt I could return.
I was the Mental Health Center for exactly one week, was given samples of the medication and prescriptions to fill along with instructions for follow-up including agencies to help provide medication if I could not afford them. I returned to my employer later in the afternoon to let them know I was ready to return to employment now that my Mental Health was improved and my medication was provided. I was informed I was being terminated because I was a liability to the company. I was also told at this time that the driver as well as the car behind her had called my employer to report the incident and that my employer felt that they almost lost the account with the road construction company performing the work because of my actions.
The lack of medication did not cause this situation, but I feel that if I had the medication the shouting of obscenities might not have happened.

My questions:
A- Is this a breech of a verbal contract, promising my job upon return, only to revoke it upon return?
B- Do they have the right to terminate employment based on this incident and knowing this was the first recorded incident?
C- If I do have a case what kind of compensation can I look for; IE weeks of pay incase they decide to settle?

Sorry for the length but I felt the details needed to be here. I am not looking to sue for only the money but for my self respect and reputation in future job searches. I do have bills to pay and the promise of my job upon my return made me assume I would have future paychecks.

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#2 Today, 04:05 AM
cbg
Senior Member Join Date: Nov 2001
Location: Massachusetts
Posts: 10,829

1.) No.

2.) Yes.

3.) N/A





#3 Today, 07:51 AM
todd75
Junior Member Join Date: Apr 2005
Posts: 3

Thank you for the response, However if anyone has anything to add as to why its a yes or a no, that would be a bit more helpful.
Are all companies in New Hampshire "at will" employers and if so would this mean that they can promise to hold your job why you get the help they told you to get along with promising to hold your job just to turn around and change their mind.
There has to be some kind of law to protect employees in New Hampshire.




#4 Today, 08:15 AM
I AM ALWAYS LIABLE
Señor Member Join Date: Jan 2000
Location: Los Angeles, California
Posts: 34,626

My response:

Let me see if I have this correct - -

You direct traffic in construction zones. You get upset, and then you jump out in front of cars. And, you're a whacko mental patient.

Sounds normal to me.

And then, to add insult to injury, your employer had the audacity, and temerity to fire you for being a liability for playing "dodge ball" with cars! Now, who's the REAL nut job? I think it's your employer.

IAAL



#5 Today, 08:24 AM
rmet4nzkx
Senior Member Join Date: Jul 2004
Posts: 7,703

Did you file for workers compensation?




#6 Today, 08:27 AM
I AM ALWAYS LIABLE
Señor Member Join Date: Jan 2000
Location: Los Angeles, California
Posts: 34,626


My response:

No, I didn't.

IAAL


#7 Today, 08:36 AM
rmet4nzkx
Senior Member Join Date: Jul 2004
Posts: 7,703


I know, it was a leading question for OP? If this had happened elsewhere the driver would be singing a different song.

Hey is there a song for this? We both found songs for lactation today, we're on a roll.




#8 Today, 08:47 AM
I AM ALWAYS LIABLE
Señor Member Join Date: Jan 2000
Location: Los Angeles, California
Posts: 34,626

My response:

No, but how about a good Top Ten list?


Top Ten Construction Worker Pick-up Lines - -

NUMBER 10: People always tell me I look just like Norm Abram.

NUMBER 9: Excuse me, would you mind brushing the Asphalt dust out of my back hair?

NUMBER 8: When the jackhammer brakes down, they use me.

NUMBER 7: Your skin looks as soft and pink as Owens-Corning fiberglass insulation.

NUMBER 6: Ever done it on a pile of rubble?

NUMBER 5: You take my breath away, like that time I passed out in a ditch on the side of the road.

NUMBER 4: Can I borrow that chiffon blouse sometime?

NUMBER 3: I'm 36 years old and I still carry a lunch box -- doesn't that make ME hot?

NUMBER 2: If you won't go out with me, IAAL will.


AND NOW, the NUMBER ONE Construction Worker Pick-up Line - -

Kiss me, I'm sweaty.


IAAL

#9 Today, 08:53 AM
todd75
Junior Member Join Date: Apr 2005
Posts: 3

okay my mistake for thinking this was actually going to be answered by mature people.
I didnt dodge out in front of the car it was ten feet away. The driver was not payin attention and obviously didnt see the signs telling her she was coming to a work zone and she needed to slow down and if you would have read what I wrote... it was a one lane road with traffic being sent inn both directions and traffic was already sent from the other side meaning someone was going to get hurt. I was the last thing stopping ther driver from hitting the construction crew that relies on me to do my job to ensure their safety.
As far as "whacko mental patient" that isnt the case. It wasn't a mental hospital and its not even the point of this post.
The point was that from last friday until this friday I was told I needed to take some time off and get my head together then I would have my job waiting for me. I'm sorry I even brought up the chemical embalance. I wasn't being repremanded for my actions but rather agreed with my employer I need to take some time off. Where I took the time off was also not relevant. I did not recieve a warning, written or verbal about the incident. However when I returned to work after getting my medicataion in order to the promise of my job they decided to terminate me and used this incident as the excuse.

I also see that it is pointless to try to get any kind of advice on this post since obviously somebody's parents left them home unsupervised on a Saturday afternoon.
 


I AM ALWAYS LIABLE

Senior Member
My response:

I think you better reread your initial post. You're the one who said - -

"she had her windows up and was talking on her cell phone while speeding up to the entrance of the work zone. The driver could not here my telling her to stop. This was a one lane road and traffic was being sent from the other side heading in this drivers direction. I had to step in the path of the drivers car"

You freakin' idiot. But, you already know that you are an idiot. It's time to check into the hospital again!


IAAL
 

I AM ALWAYS LIABLE

Senior Member
rmet4nzkx said:
Nice top ten list :)
Too bad Todd75 couldn't stick around to learn about WC and FMLA.

My response:

He wouldn't be entitled to W/C. What he did was purposeful, and was outside of working policy and not within the course and scope of employment conduct. You don't get to commit a purposeful act, and then benefit from it.

IAAL
 

cbg

I'm a Northern Girl
1.) The circumstances changed between when you were told your job would be waiting for you, and when you were fired. In between the two, there was an outside complaint about you which almost lost them the contract. And for your information, what your boss had told you almost certainly does NOT meet the definition of a "verbal contract". So no, there is no breach of verbal contract because there was no verbal contract to begin with.

2.) Nothing whatsoever in the law says that you can't be fired for a first offense. Unless you are operating under a bona fide contract (not an employee handbook, not an offer letter, not an e-mail from your supervisor, a CONTRACT) they can fire you at any time and for any reason that does not violate the law.

3.) You have no case.

Yes, unless you are operating under an employment contract that says otherwise, all employers in NH (and in 48 other states) are at-will.

Are we clear now?
 

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