Cruez Posted April 29, 2007 Share Posted April 29, 2007 Why is it that your so called "superiors" have closed minds? and think nothing they do is wrong? I was fired this week due to "misconduct". They cited excessive internet use and my part time hobby, Technacolor Powder Coating. I have been biting my tongue for years as a Telecommunications Engineer at my former place of employment. Being treated sub par (compared to other engineers in my group) and unfairly, though I could perform more actual work and had more referral sales than anyone else in the group. (Not even required) I had a USB drive that I was using for my music in the company’s computer that also had some invoices that I had on there. I stepped on the drive and partially broke the connector. The computer would not read it anymore. So I gave it to my brother (who also worked there) to see if his computer would read it, it did. So I had him email me the files to save them. During an investigation on something else that had happened in the building. My computer was taken to be analyzed, with the files that were on the USB drive. A few of them I had altered at work during breaks during the day. (that’s where they were saying that I was running my hobby from work, a couple of invoices in a couple of months ??, please.) They tried to say that going to sites like Autozone.com, JC Whitney and NADA had something to do with powder coating. WTH are these people thinking..?? Not to mention there is someone that had been falsifying time sheets that would add up to thousands of dollars, which I reported...9 months ago... nothing had been said, and it still is going on..... lots of things like that... but somehow I was the one who was let go.. Anyway..... that’s the story in the shortest way I could think of... There are lots of other details but too long winded to get into. I guess I am going to try to do the powder coating thing full time, I haven't really advertised or given out any more cards since I had enough to keep me busy on my time off. So if I ramped that up I might be able to get a decent business going. At least I won't have any idiots trying to keep me down. Biggest part will be trying to make up for the financial loss, since my wife is a tutor part time and I was supporting her and my two school aged children.. Insurance is a biggie.. I have a feeling that legal action might be a route to take. Thanks for listening to my "short" rant... Wish me luck... Quote Link to comment Share on other sites More sharing options...
DavyZ Posted April 29, 2007 Share Posted April 29, 2007 I have a feeling that legal action might be a route to take. From what you say, it sounds like you were treated unfairly. Even if you had a side business, if it doesn't interfere with your job (take a look at the numbers, folks, they don't lie), then you should be able to sue successfully. All you have to do is produce the numbers to show your production and referrals were at least the same as, if not more than, the other guys. If you can do that, you could sue for wrongful termination, etc. Go to a lawyer who will do it pro bono unless you win (forgot the correct verbiage) and you have a suit that could take a year or more, BUT, you may win and win big. I doubt that you would have been let go in CA judging by your description of what happened. it sounds like a losing proposition for the company to let you go based on that if what you are saying is accurate. Davy Quote Link to comment Share on other sites More sharing options...
datsunlover Posted April 29, 2007 Share Posted April 29, 2007 Well, that sucks man.. but I'll tell you a story, and maybe it will help.. About 10 years ago, my boss was working in a machine shop (I work for him in HIS shop now btw.) and discovered that a bunch of guys in the CNC department were sort of ripping off the company (and customers to boot) by syaing a job took 8 hours to do (this job was a regular/reocurring thing, and was worth quite a bit of $$$) BUT it really only took about 4 hours. These guys would basicaly punch in, work 4 hours, and spend the next 4 sleeping, goofing off, LEAVING the shop to go do whatever, ect, cet. My boss discovered what was going on, and blew the whistle on them. Well, guess who DIDN'T work there anymore? Funy how that works, but it happenes. Ironicly, that shop STILL got that job for years afterward, and no one else got fired or 'had to quit'. BUT... fast forward to today, my boss has his own shop, a brand new 4000+ sqft building on a 108 acre farm property (he and his family live in the totaly reno'd 4 bdrm 'farm house' on the property), and enough local buiseness that he has to be CAREFULL how much work we take on, bacause we don't have enough manpower to handle all the jobs that we 'could' get! This could be your opportunity to just 'go and do it' and get your own buiseness off and running. If you didn't do anything wrong, you know that and don't worry about what's happened. Just move forward now. You might be suprised where you end up! Quote Link to comment Share on other sites More sharing options...
280zwitha383 Posted April 29, 2007 Share Posted April 29, 2007 Well, he could start a new business on the settlement money too.... Quote Link to comment Share on other sites More sharing options...
280Zone Posted April 29, 2007 Share Posted April 29, 2007 This type of corporate behavior is becoming quite common. We are watched very closely where I work as well and there are simply thresholds that trigger a second look and notification of your supervisor. I am salaried and get paid to get a job done, my position description even states I can be asked to work as long as it takes to get the job done. However there is a generic "computer usage policy" that prohibits "frequent internet usage" and that is where the thresholds kick in. I think it will be sometime before corporate America realizes people can multi task and get their fair share of the work done. Until that happens I guess we are stuck with our current management principles. Quote Link to comment Share on other sites More sharing options...
Z-Noob Posted April 29, 2007 Share Posted April 29, 2007 From what you say, it sounds like you were treated unfairly. Even if you had a side business, if it doesn't interfere with your job (take a look at the numbers, folks, they don't lie), then you should be able to sue successfully. All you have to do is produce the numbers to show your production and referrals were at least the same as, if not more than, the other guys. If you can do that, you could sue for wrongful termination, etc. Go to a lawyer who will do it pro bono unless you win (forgot the correct verbiage) and you have a suit that could take a year or more, BUT, you may win and win big. I doubt that you would have been let go in CA judging by your description of what happened. it sounds like a losing proposition for the company to let you go based on that if what you are saying is accurate. Davy Not in CA. CA is a "at will employment" state, meaning that a private employeer can fire you for ANY reason they want as long as it does not violate your civil rights or a pre-existing contract. From what you stated your civil rights where not violated therefore you could not sue successfully in CA. If your state is an "at will employment" state you have little to no chance be winning a settlement..If you didnt have a contract or a union your pretty much SOL. http://employeeissues.com/at_will_states.htm Quote Link to comment Share on other sites More sharing options...
Cruez Posted April 29, 2007 Author Share Posted April 29, 2007 NC is an "at-will" state... however, according to some things that I've read. They are supposed to abide by their own policies also, or that is deemed illegal.. I have run across a few things that were violated.. "frequent internet usage" is not in the handbook. Its listed as "occasional personal usage is ok as long as it doesn't affect job performance" ..thats a little vague. Quote Link to comment Share on other sites More sharing options...
Z-Noob Posted April 29, 2007 Share Posted April 29, 2007 If it is not a statue passed by the legislature it is NOT illegal. A company can break every rule they have implimented on themselves BY themselves with little recourse from any entity outside of itself. Companies break their OWN rules all the time if it is beneficial to the company. The vaugeness in your companies "rules" is purposeful so that it can address the exact situation your in. Its vaugness will help in any explanation needed to justify your dismissial. Usually this is a subjective "measurement" left to supervisors and such.. IMHO depending on when you were let go, I would attempt to contact the HR department of your prior employeer and plead your case internally. It may be a long shot but if you can show that there is a large amount of fraud being conducted and the reason for your firing had little merit, you can attempt to explain your dismissal as an attempt to try to "cover up" the REAL fraud....Thats the angle I would work. Good Luck Quote Link to comment Share on other sites More sharing options...
cygnusx1 Posted April 29, 2007 Share Posted April 29, 2007 Take a look at your recent past reviews by the company. If the reviews were good, you will have a good argument. I was laid off from my "corporate" company after 8 years. I know how bad the politics can get. I was pretty much in the same boat as you. I sensed the upcoming layoffs and had started a small online based business selling motorcycle bar ends. By the time I was laid off, I already had the website built, the parts in stock, and a steady flow of sales. Word of mouth from happy customers on forums was the only way I generated sales. It was a nice product. I was able to pull in about $20k each year with the website. It was easy work and with all my extra time, I added an extension to my house. The extension added about $100K to the value of my home, making about $2 for every $1 spent. So moral of the story is, you CAN make more money sometimes working for yourself. I did end up getting re-hired by the same company a year later. I then sold the business to my brother after running it for 4 years. It became a bigger business, and I couldnt do it alone. Quote Link to comment Share on other sites More sharing options...
2003z Posted April 29, 2007 Share Posted April 29, 2007 sorry about the job loss, but I think you can make a full time job of the powdercoating fairly easily...I'm bidding a reserve schedule at my airline so I can be home more to work. I'm working 40-50 hours a week on the PC now and took in over 40k last year. I know you are more into motorcycle work. Find the largest motorcycle forum and pay to advertise on it. You should have plenty of work in no time. Quote Link to comment Share on other sites More sharing options...
JMortensen Posted April 29, 2007 Share Posted April 29, 2007 I've worked for several corporations that actively monitored the internet activity to see if you were doing something you shouldn't, and several others that wouldn't let anyone except management have access to the internet at all. That's a company's prerogative, and I kinda feel like if they're dumb enough to require that then they'll have fewer tech savvy employees and suffer in that way. That's a very "theory X" way to deal with employees, and I tend to not get along well in theory X environments, hence that is the reason I workED at those places and no longer have anything to do with them. When you get hired you are making an agreement between yourself and the company who hires you. If the terms of that agreement become unacceptable to either side, then it should be terminated and you should go on your merry way. What I hate to see is people who feel victimized by an agreement that they themselves entered into. This goes for anyone, if you don't like your employer's policies you should leave. I left one job when they put cameras in and stated that they were going to be used to monitor their employees' breaks. That crossed the line for me. At my last job I watched so many of my fellow employees get fired that I couldn't take it anymore, so I left. Find a company that treats their people right, or start your own. Then you can be the "sucky" corporation. My own sucky corporation lets it's employees spend hours on Hybrid Z and also work on their cars during business hours. It's the best job I've ever had... Quote Link to comment Share on other sites More sharing options...
GeeZ Posted April 29, 2007 Share Posted April 29, 2007 In my businesses, it is an absolute no no and subject to immediate termination if I catch an employee using his/her computer for personal use and especially for internet surfing not to mention downloading or uploading files. If you (an employer) had to spend thousands of dollar cleaning either a terminal or server of a virus, you would understand. Employees waste hundreds of man hrs a yr surfing online. I provide 2 computers in a separate part of the office, where employees may surf during their lunch or break. I would block internet connection if I could, but our business requires it. Personally, I never had a problem with an employee having a business on the side as long as it does not interfere with my work. But honestly, do you have a cell phone that you answer continuously? Any calls from your clients? That could be a problem. My policy is when you are being paid by me, cell phone are turned off when you punch in. The only exceptions I have are outside sales, management and mothers with day care issues ( see, I do have a heart). If you check business type magazines, you will find that emails and internet surfing and cell phones are a big killer of time for most office bound employees. It was tough before these things became so prevalent to keep employees productive but it is much worse now. Sometimes, I feel that I am really a babysitter. That it, from an employer's point of view. Good luck. I think most members here are very smart and talented and you should not have a problem getting another job. Quote Link to comment Share on other sites More sharing options...
Sparks280zt Posted April 29, 2007 Share Posted April 29, 2007 No worries, just move to Lenoir and get a job at the new Google server farm they are building. Quote Link to comment Share on other sites More sharing options...
pete280z Posted April 29, 2007 Share Posted April 29, 2007 GeeZ - I can see where you're coming from, but this kind of thing can go both ways. Everyone in my company has my cell phone number and I frequently get calls in off hours. I also take personal calls at work occasionally. I work in a technical/software development role. These guys can put in 70+ hours in a week when things get crunched. So long as everyone gets their projects completed to a high quality standard, I don't care if they have to take care of some personal business during the day. Quote Link to comment Share on other sites More sharing options...
DavyZ Posted April 30, 2007 Share Posted April 30, 2007 Not in CA. CA is a "at will employment" state, meaning that a private employeer can fire you for ANY reason they want as long as it does not violate your civil rights or a pre-existing contract. From what you stated your civil rights where not violated therefore you could not sue successfully in CA. If your state is an "at will employment" state you have little to no chance be winning a settlement..If you didnt have a contract or a union your pretty much SOL. http://employeeissues.com/at_will_states.htm I understand that (I think!), however, I work for a large financial institution and am involved with some HR issues regarding another employee of mine--there seems to be a number of things that open us up to lawsuits if we don't cover ourselves at nearly every angle. I doubt "we" could have gotten away with what happened to our HybridZ friend here. Also, we were successfully sued by someone who claimed that when one of our field inspectors opened up her closet, that it allowed her aura to escape. When a major financial institution can be successfully sued for such a stupid thing, it seems more rational that a employee can sue for wrongful termination. I'm certainly no lawyer, but I'm just seeing a different side of it I guess. Davy Quote Link to comment Share on other sites More sharing options...
Cruez Posted April 30, 2007 Author Share Posted April 30, 2007 They asked about my personal cell bill.. They asked if I could provide them a copy (not required) to help prove my innocence. I provided 2 months worth that stated my case. Almost all of my calls (including friends and family) were before work, at lunch or after work.. No worries, just move to Lenoir and get a job at the new Google server farm they are building. Thats sorta funny... My ex-stupervisor is in Lenoir... For some reason he has seemed to have a personal vendetta against me from day one.. During the investigations, I managed to collect a lot of information that proves my allegations...Not to mention my co workers are well aware of things that go on.. The way the interviewing person that was investigating seemed to have no clue what powder coating was (and this was an investigator?? ) or even what a thumb drive was... kept calling it a USB port.. and lots of other simple things...where was she from ?? Quote Link to comment Share on other sites More sharing options...
randy 77zt Posted April 30, 2007 Share Posted April 30, 2007 when i used to work as a tech at a ford dealer(funny but i am unemployed now)we had to access the net for ford tech info.had to sign a sheet that was inserted in our personnel file saying we would be fired for unauthorized use of dealership computor.all computor use was monitored.putting anything personal on somebody else's computor(your employer's)just opens up a can of worms.i value my privacy.i leave my cell phone in my van at work.another thing big corporations are good for is firing people so they dont have to pay benefits or vacation time. Quote Link to comment Share on other sites More sharing options...
GeeZ Posted May 1, 2007 Share Posted May 1, 2007 GeeZ - I can see where you're coming from, but this kind of thing can go both ways. Everyone in my company has my cell phone number and I frequently get calls in off hours. I also take personal calls at work occasionally. I work in a technical/software development role. These guys can put in 70+ hours in a week when things get crunched. So long as everyone gets their projects completed to a high quality standard, I don't care if they have to take care of some personal business during the day. We are in 2 diff. type of businesses. My people basically work 8:30 - 5:30 5 days a week. Yes, if they worked 70 hrs a week, hell, I woundn't care if they took 30 min breaks and took off occasionally. BUT, these are hrly employees. Hence, they need to be working except 2-15 min. breaks and 1 hr. lunch. Trust me, I have had employees for 30 yrs, most are good. I get rid of the rest. But don't mis-understand, I take VERY good care of my people. For small companies I offer, 90% paid medical/dental, flex. spending account, matching 401K, long term disability, vacation, better than industry average pay. Anyway, my point is the current crop of potential hires don't understand that a few min here and there amounts to a lot of lost work time. John Quote Link to comment Share on other sites More sharing options...
Ledphoot Posted May 1, 2007 Share Posted May 1, 2007 Cruez, Sounds to me like you may have gotten caught in the age old trap of slowdown cutbacks. Sometimes employers will seize an opportunity to get rid of someone that is no longer needed or can be replaced at a much lower payscale. They get rid of you and owe you nothing that way and all the while make it look like it is your fault. I live here in NC too and I know in most cases Unemployment compensation isn't too hard to get so that may be of some comfort but I know paying COBRA fees for insurance is a bitch! You might consult with a lawyer but I doubt it will float. If the lawyer won't take it on a percentage then they don't think they can win. Now might be a good time to jump into powdercoating full time. Find some of the Bike salvage yards around the state and grab some popular parts and coat them and make them available on Ebay or at some of the dragstrips and shows. I don't know how large the parts are you can do but Reraend covers for the 8.8 Ford and 10 bolt GM rears are popular too as well as chevy v-8 and VTEC honda valve covers. Buy a few at the salvage yards and see if they sell as well... breathers , airboxes and perhaps there are some marine applications you can find and focus on. I'll put the word out here in Eastern NC... Grandma always said " For every door that closes, a window opens..." Maybe this is karma giving you a nudge toward independence Quote Link to comment Share on other sites More sharing options...
Sparks280zt Posted May 1, 2007 Share Posted May 1, 2007 Cruez, out of curiosity who is your old suprvisor and where does he work in Lenoir? Quote Link to comment Share on other sites More sharing options...
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