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BARNCA
BARNCA Dork
11/2/13 11:35 a.m.

So i have worked to a golf course for 3 yrs. Never asked for anything out of the ordinary. Always made it clear that i would like to take on more responsibility. Well 2 weeks ago i hurt my knee off work hours. Took Monday off to goto the Doctors. Come to find out i tore the miniscus in my right knee. They gave me a letter to give to my employer that due to the nauture of my injury im going to be out for at least a week. Next i goto the Ortho Dr. he confirms that its torn and wants to try PT and gives me another letter that i will be out at least until my follow up on the 7th. before deciding on surgery. Fast forward to yesterday. I get a call from my super. he tells me that i wont be eligible for my seasonal layoff... Im in NH.. and then goes on to say that the owner says im not needed back.. So now i have to go and deal with unemployment and see if they are able to help me... And if not, try a labor lawyer.. I have all the documentation from my Doctor.. so let the games begin....

mndsm
mndsm UltimaDork
11/2/13 11:37 a.m.

Unfortunately being seasonal, you might be eligible for unemployment- but you're most certainly berkeleyed in the long run.

Rufledt
Rufledt Dork
11/2/13 1:04 p.m.

That sucks. My mom thought she tore her meniscus, ended up walking around for a month before she could get a follow up MRI. Turned out the doc who did the xray missed that she actually broke her knee. Bad news, she walked on broken knee for a month. Good news, it turns out bones heal better than the meniscus. I hope you recover soon, sucks about the job though. I'm not sure they can say "oh you got hurt? Your fired then, don't come back"

mndsm
mndsm UltimaDork
11/2/13 1:09 p.m.

That's where the seasonal comes in. IIRC they're under no obligation to offer him his position back the following summer if they don't want to.... and it sounds like they don't want to. E36 M3ty use of a loophole, to be sure.

Sine_Qua_Non
Sine_Qua_Non HalfDork
11/2/13 1:16 p.m.
Rufledt wrote: I'm not sure they can say "oh you got hurt? Your fired then, don't come back"

Oh yes They can. I have been in that situation before.

novaderrik
novaderrik PowerDork
11/2/13 1:43 p.m.

i'm used to living in a state where the law specifically states that they can fire anyone for any or no reason, so this story is nothing new or different..

time to find another job.. no biggie- it happens to everyone at some point. if they don't want you back, then why would you want to go back?

Wally
Wally GRM+ Memberand MegaDork
11/2/13 2:51 p.m.

That's the nature of business. I work for a government agency and even here they jump at the chance to get rid of someone and bring in a cheap replacement

fasted58
fasted58 PowerDork
11/2/13 2:57 p.m.

Typical time off after that surgery is 4-6 weeks depending on your type of work. More if you walk and stand a lot. I was off 9 weeks.

Good luck w/ the knee. Seasonal sounds like their way out. Maybe a new job is in order.

z31maniac
z31maniac UltimaDork
11/3/13 1:01 a.m.
novaderrik wrote: time to find another job.. no biggie- it happens to everyone at some point. if they don't want you back, then why would you want to go back?

facepalm.png

Totally not the point at all.

novaderrik
novaderrik PowerDork
11/3/13 1:49 a.m.
z31maniac wrote:
novaderrik wrote: time to find another job.. no biggie- it happens to everyone at some point. if they don't want you back, then why would you want to go back?
*facepalm.png* Totally not the point at all.

what am i missing?

guy gets hurt off the job... it affects his ability to do said job... employer decides to cut him loose because he can't do his job... guy needs new job...

employers aren't in the business of being "nice".. they are in the business of making money. they did the math and figured out that they can make more money without a certain employee... no need to feel hurt or betrayed- it's just business, and most people have been on the wrong end of situations like this.

if it's about the timing of this- shortly before a seasonal layoff- see my previous paragraph. it sucks, but it happens.

jmthunderbirdturbo
jmthunderbirdturbo Reader
11/3/13 4:48 a.m.

yeah, i kinda agree, go for the un-employment, get better, find a better job. Hell, in florida, they fired my wife cause she was pregnant. We attempted to retaliate, but florida law, and any right to work/right to hire/employers rights state will say "too bad".

all i can say is this: the sooner you move on, the better.

-J0N

Curmudgeon
Curmudgeon MegaDork
11/3/13 6:37 a.m.

In a right to work state the employment can be ended by either party at any time for any reason, in fact a reason does not even have to be given. In this case, I bet the deal is that since you have a bum knee they don't want to risk a reinjury on the job which could potentially cost them a heap of money.

mtn
mtn UltimaDork
11/3/13 8:48 a.m.

Well, that really does suck, but if your area is anything like where I grew up, you should have no problem finding a job on another golf course.

But, I suspect that my area was not the norm. (I caddied/did other random tasks at a golf club for 10 years)

BARNCA
BARNCA Dork
11/3/13 8:48 a.m.

wel i guess thats what i get for being honest.. instead of being a dirtbag and getting "hurt" at work and claiming workers comp..

ZOO
ZOO GRM+ Memberand SuperDork
11/3/13 9:13 a.m.

"Right to work" sounds quite Orwellian

I am sorry for your situation.

mndsm
mndsm UltimaDork
11/3/13 9:40 a.m.
novaderrik wrote: i'm used to living in a state where the law specifically states that they can fire anyone for any or no reason, so this story is nothing new or different.. time to find another job.. no biggie- it happens to everyone at some point. if they don't want you back, then why would you want to go back?

That was sort of where my head was at too- Oh, you wore purple on a tuesday? FIRED! Hell, I almost got fired because I wasn't black the last job I had. I quit before they could.

Curmudgeon
Curmudgeon MegaDork
11/3/13 9:51 a.m.
ZOO wrote: "Right to work" sounds quite Orwellian I am sorry for your situation.

Not at all; quite the opposite in fact. 'Right to work' outlaws the practice of 'closed shops' where a person must join a union in order to get work or can be fired for refusing to pay union dues even though they have broken no company rule.

http://en.wikipedia.org/wiki/Right-to-work_law

FWIW, even in states that are not 'right to work' federal employees do not have to join a union to work.

To the OP: it sucks that you were let go over this. Having been let go myself, it ain't no fun. Suing the employer could have a dire consequence: word gets around. If it's known that you are suing them for dismissal over an injury not job related then a prospective employer is going to scratch their head and wonder if the same might not happen to them.

Jaxmadine
Jaxmadine HalfDork
11/3/13 12:48 p.m.

Right to work has a place. But lawmakers keep adding to the laws making them very unfair in certain situations. You should have claimed on the job injury btw.

And even in florida they cant fire you because you are prego. That goes against federal law. Unless of course it was before the family leave act.

z31maniac
z31maniac UltimaDork
11/3/13 2:39 p.m.
novaderrik wrote:
z31maniac wrote:
novaderrik wrote: time to find another job.. no biggie- it happens to everyone at some point. if they don't want you back, then why would you want to go back?
*facepalm.png* Totally not the point at all.
what am i missing? guy gets hurt off the job... it affects his ability to do said job... employer decides to cut him loose because he can't do his job... guy needs new job... employers aren't in the business of being "nice".. they are in the business of making money. they did the math and figured out that they can make more money without a certain employee... no need to feel hurt or betrayed- it's just business, and most people have been on the wrong end of situations like this. if it's about the timing of this- shortly before a seasonal layoff- see my previous paragraph. it sucks, but it happens.

So, when he takes gov't "handouts" does he become one of the lazy, unwashed masses?

The hypocrisy from the ultra-right cracks me up.

nicksta43
nicksta43 SuperDork
11/3/13 2:49 p.m.

z31maniac
z31maniac UltimaDork
11/3/13 6:31 p.m.

Hi, I'm on the internet and sarcasm illudes me.

Toyman01
Toyman01 GRM+ Memberand UltimaDork
11/3/13 7:34 p.m.
Curmudgeon wrote: In a right to work state the employment can be ended by either party at any time for any reason, in fact a reason does not even have to be given. In this case, I bet the deal is that since you have a bum knee they don't want to risk a reinjury on the job which could potentially cost them a heap of money.

Ding, Ding, Ding! Winner!!

That does suck, but as was said, move on. People like that aren't the ones you want to be working for long term. If it wasn't this, it would be something else. Take you check and get a newer, better job.

Jaxmadine
Jaxmadine HalfDork
11/3/13 7:41 p.m.

In reply to Datsun1500: not somebody else. The works insurance pays for it. They would have let him go either way, and he still would have been screwed over by WC. At least he could have had more time to get another job.

nicksta43
nicksta43 SuperDork
11/3/13 7:53 p.m.
z31maniac wrote: Hi, I'm on the internet and sarcasm illudes me.

Your sarcasm smells a whole lot like

If someone said, The lunacy of the ultra-left cracks me up. It would have been just as much of a flounder as what you posted.

Your statement "So, when he takes gov't "handouts" does he become one of the lazy, unwashed masses? " stands on it's own.

What came after it was completely unnecessary.

Wally
Wally GRM+ Memberand MegaDork
11/3/13 9:05 p.m.

In reply to Datsun1500:

Because no one considers a company, insurer, or government as a someone. They are viewed as a bottomless trough of money that everyone is entitled to a scoop from. I may be a little biased as I just spent a couple days with the legal department to get ready for another trip to court.

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