GOING TO WAR. Fired in violation of Senate Bill 411 passing

[SaintsNSinners]

ok the questions I have that no one seems to have asked......how the heck did they know you had a rifle in your vehicle? and why was there a police report?

The rifle was known because there was a time before the email came out with the new policy that it was common knowledge that everyone had something else in their truck and no one cared. After one officers AR-15 was stolen he brought in his new AR to show everyone what insurance had bought him. When I switched to a 16'' barrel with free floating handguards one supervisor wanted to see it to see if he liked it and wanted to do it to his.

Post email I never had my AR in my truck. I liked my job and wasnt going to make waves...

 

[eldirector]

Wait, so you were fired for COMPLYING with their policy?

 

[thebishopp]

while you can record a call all you like with only your consent, if the other party being recorded is not made aware of the fact they are being recorded then the recording is not admissible as evidence in either a civil or criminal court.

Even if their lawyer gets the recording suppressed it may be brought back in as "rebuttal evidence" if the person on the tape testifies differently then what was recorded (and possibly several other reasons).

 

[SaintsNSinners]

Yep... about the most dangerous thing in my truck after that Policy change might have been an AR mag full of 5.56 and there might have been a hammer at some point in time. But correct post policy change email there has not been an AR-15 in my truck while working.


Here is another snip it..

Her: He said it was a senate bill the senate passed and was signed by governor daniels how many more steps does it need to become an IC code.


Yes I know she said IC Code which is Indiana Code Code.

 

[LEaSH]

So strange.

She says that she's firing him for having the long gun in his vehicle. Turns out he didn't have a long gun in his vehicle.

Will she be able to change gears in court? And say she just wanted to fire him for no given reason?

OP did you let her know that you didn't have a long gun in car at the time of being fired? Or did you stay mute on the subject while you were being fired?

 

[dom1104]

Do you think its a great idea to air all this stuff out on the internet for no particular reason?

Does your attorney?

 

[KG1]

Do you think its a great idea to air all this stuff out on the internet for no particular reason?

Does your attorney?

It's all good because he doesn't see an attorney until Fri.

 

[Indy317]

Even if the OP wins a lawsuit, what do they really "win?" For example, if you are likely only going to make $25K/year for the rest of your career. You are 40, and likely will need to work till you are 65 (for an example). Do people really think they are going to get a payout of $625K for lost wages? Even more for "pain and suffering?" Lawyers want to get paid, and the rule of thumb is usually 1/3rd of whatever any settlement or judgement is. How many lawyers are going to keep a person as a client when the person turns down $100K? Even if one takes $100K, they walk away with $66K after lawyer fees. Are there any taxes? Also, now you have money, but no job...in a horrible market. Might not be too bad since I bet it is easier to get lower paying jobs than middle or higher paying jobs. So that example isn't all that bad, but now say the job you lost paid $50K/year, or $80K/year. Now is that $66K going to make you feel better and make up for losing what might have been $1.25-$2.00 million that one may have made over the next 25 years?

So is it worth it to win a battle when you basically end up losing the war?

 

[LPMan59]

Even if the OP wins a lawsuit, what do they really "win?" For example, if you are likely only going to make $25K/year for the rest of your career. You are 40, and likely will need to work till you are 65 (for an example). Do people really think they are going to get a payout of $625K for lost wages? Even more for "pain and suffering?" Lawyers want to get paid, and the rule of thumb is usually 1/3rd of whatever any settlement or judgement is. How many lawyers are going to keep a person as a client when the person turns down $100K? Even if one takes $100K, they walk away with $66K after lawyer fees. Are there any taxes? Also, now you have money, but no job...in a horrible market. Might not be too bad since I bet it is easier to get lower paying jobs than middle or higher paying jobs. So that example isn't all that bad, but now say the job you lost paid $50K/year, or $80K/year. Now is that $66K going to make you feel better and make up for losing what might have been $1.25-$2.00 million that one may have made over the next 25 years?

So is it worth it to win a battle when you basically end up losing the war?

 

[SaintsNSinners]

Even if the OP wins a lawsuit, what do they really "win?" For example, if you are likely only going to make $25K/year for the rest of your career. You are 40, and likely will need to work till you are 65 (for an example). Do people really think they are going to get a payout of $625K for lost wages? Even more for "pain and suffering?" Lawyers want to get paid, and the rule of thumb is usually 1/3rd of whatever any settlement or judgement is. How many lawyers are going to keep a person as a client when the person turns down $100K? Even if one takes $100K, they walk away with $66K after lawyer fees. Are there any taxes? Also, now you have money, but no job...in a horrible market. Might not be too bad since I bet it is easier to get lower paying jobs than middle or higher paying jobs. So that example isn't all that bad, but now say the job you lost paid $50K/year, or $80K/year. Now is that $66K going to make you feel better and make up for losing what might have been $1.25-$2.00 million that one may have made over the next 25 years?

So is it worth it to win a battle when you basically end up losing the war?

How have I lost a war? I am unemployed from a job for a bogus reason with 0 dollars in hand. I sue over that bogus reason and end up winning with hopefully enough to keep me afloat till such time as another job becomes available? 66k in hand is better than 0 in hand..

But as I said I dont care about the money. I can ride unemployment untill I can find another job..


I care about the fact that what they did is wrong, and needs to be corrected

 

[dom1104]

How have I lost a war? I am unemployed from a job for a bogus reason with 0 dollars in hand. I sue over that bogus reason and end up winning with hopefully enough to keep me afloat till such time as another job becomes available? 66k in hand is better than 0 in hand..

But as I said I dont care about the money. I can ride unemployment untill I can find another job..


I care about the fact that what they did is wrong, and needs to be corrected

Can you get unemployment if you are fired?

I dont think you can, but I wouldnt have any first hand experiance there.

 

[Bunnykid68]

Can you get unemployment if you are fired?

I dont think you can, but I wouldnt have any first hand experiance there.

Yep, as long as they do not contest it, maybe even if they contest it.

 

[dom1104]

Did not know that. Huh.

 

[SaintsNSinners]

3/4 of the problem solved. I am now employed again by a different security company.

Cant wait to see what the attorney says on Friday

 

[LPMan59]

congrats on getting a new job!

 

[SaintsNSinners]

celebrating tonight with godiva liquor and NutLiquor....


who wants a reeses shot?

 

[IndyBeerman]

while you can record a call all you like with only your consent, if the other party being recorded is not made aware of the fact they are being recorded then the recording is not admissible as evidence in either a civil or criminal court.

-1 for thinking you know the law.

They do not need to be aware, been there done that.

 

[Roadie]

while you can record a call all you like with only your consent, if the other party being recorded is not made aware of the fact they are being recorded then the recording is not admissible as evidence in either a civil or criminal court.

If only this had been covered earlier in the thread.. oh .. wait..

 

[downzero]

Can you get unemployment if you are fired?

I dont think you can, but I wouldnt have any first hand experiance there.

Yes you can. I was fired once based on a false accusation for which there was no evidence. I got unemployment (but only for a week, because I got another job right away).

If only this had been covered earlier in the thread.. oh .. wait..

It actually hasn't. But this link should dispose of that question:
Indiana Rules of Evidence

(d) Statements Which are Not Hearsay. A statement is not hearsay if:
...
(2) Statement by party-opponent. The statement is offered against a party and is (A) the party’s own statement, in either an individual or representative capacity; or (B) a statement of which the party has manifested an adoption or belief in its truth; or (C) a statement by a person authorized by the party to make a statement concerning the subject; or (D) a statement by the party’s agent or servant concerning a matter within the scope of the agency or employment, made during the existence of the relationship; or (E) a statement by a co-conspirator of a party during the course and in furtherance of the conspiracy.

I won't provide any analysis other than to say that my understanding suggests that an admission is probably admissible. It's probably not a good idea to admit liability to another person who may one day sue you.

 

[MACHINEGUN]

66k in hand is better than 0 in hand.

You are certainly a dreamer.. Are you voting for Obama this election also?