Primal cost me my job, kinda. page 5

[Agnieszka]

Does eating primal have to be taken up a notch to a religious discrimination issue for the lawsuit to work? Isn't firing someone based on their appearance (if it doesn't contradict company rules that were agreed upon prior to taking the job) and based on what she eats enough for a successful lawsuit? It seems that these aspects of the employee's lifestyle don't in any way jeopardize the company's business, which would be key in the courtroom. Or is Alan Shore the only lawyer who'd win such a case?

[OnTheBayou]

Drop it.


I understand your anger and sense of rejection, to say nothing of the money you need. You will not find a lawyer in the land who would take a case like yours unless you pay upfront.


My sister just successfully won a settlement and promotion from the local Sheriff's office after 25 years of discrimination and not being promoted because she is a woman. And that cost her many tens of thousands of dollars in legal fees that she had to pay upfront! Further, she has a law degree and my brother is a lawyer, but not in labor. So, with all those balls in her court, it was still nip and tuck on the outcome for almost a year.


You weren't there long enough to have any track record about anything. Chances are your state and the company you worked for is "employment at will."

They don't have to have a reason, they just don't like you, that's good enough. Employers CAN discriminate! That's how I lost my last job, one I loved. My last supervisor and I never got along and even though I tried soft shoeing, it wasn't good enough. In that case since I was there for five years, I was able to negotiate some pay and health benefits for awhile, and to not contest my unemployment claim.


You can file for unemployment, that is your right. You might be surprised and find out that they won't challenge you. But they can always make you sound incompetent or something. And if you say to the hearing personnel that you were discriminated against because of your diet, without a religious base, they will side with the employer.


I know it hurts, but don't waste any more energy on this. Move on. And next time remember the old adage of "Go along to get along." It's advice I learned rather late in life. When they wanted a first day on the job lunch and you didn't want to participate, you were done right then. It was an insult to not be appreciative about it.

[PrimalJewishAmericanPrincess]

Bullshit. I am sorry. If they offered me a 5th of whiskey, would I have been obligated to drink it? What about a pack of camels? To me it is no different. Why should I have to swallow my pride, quite literally? I WAS participating. I was hanging out, being friendly. And this "lunch" wasn't so much a welcome as a "hey, we are all working through lunch, so we'll spend $10 on this pizza to keep you at your desk. Welcome to the company."


I'm past it. I am not going to pursue anything other than my unemployment, which I am entitled to, so I can pay my mortgage until I find something else.

[OnTheBayou]

Have it your way. They didn't offer you booze or smokes, and working through lunch is pretty darned common these days. IIRC, you presented it here as a welcome lunch.


Look, I think they screwed you, too, but the underpinning legal realities don't support you. Don't believe me? Call some lawyers specializing in wrongful discharge and workplace discrimination.


You don't seem to be willing to accept good advice from life experience, but let me try one more time: You may FEEL you are entitled to unemployment, but the LAW may say otherwise. And this has nothing to do whether they contest your app or not.


The following has been my experience in two states; they are all similar because of the federal funding: It all has to do with how much you've been employed in the last few years, the wages you earned, how much UI you have used. I don't recall if you mentioned if you had been on UI previously. If you were, that can be picked up again. You may have to wait two weeks, I don't know. If they don't know you worked for a week, I wouldn't tell them, but that's just me. No sense creating problems.


When they dismissed you, they were supposed to have a check for you. The exceptions to this are things like sudden dismissal for gross workplace violations. But that nicety doesn't really help you as long as you get your check very soon. If you had any vacation time started, or PTO, they must pay your for that, too.


Best of luck on your job search. I've been in your shoes any number of times.

[Licarrit]

PJAP, Your situation sucks but you probably don't have a leg to stand on if you were only there a week. Most companies have a probationary period of anywhere from 10 days to 1 year. We just fired a guy (for not being able to do his job! He had "embellished" his CV.) at 6 months and for the university I am at he was still in his probation period. I'm still fixing the stuff he messed up 1 month later but that isn't part of your situation.

[lady_daraine]

As far as I know, a job has to have a reason to fire you OR provide unemployment in most states. If they fire you just because they don't like you, you are protected. Yes, they can do it, but that doesn't mean they won't pay for it.

As for tattoos - I totally understand. I am covered on about 50% of my body, including 2 sleeves and a chest piece, BUT I have to cover mine because of my job as well. What do I do? I am a teacher.

And yeah, I knew I'd have to cover them when I started... but I wish people would believe that people with tattoos are like anyone else - we can be responsible or not, and our appearance has nothing to do with it.


Good luck with the situation. If you tried to get a job and it wasn't successful, and they fired you instead of you resigning, then if you had unemployment before you should be able to get it back. I know many states have rules about length of employment so if you didn't have it before, you may not be able to get it.


Let us know how it goes.

[PrimalJewishAmericanPrincess]

Actually, it turns out that unless you have #1 a union or #2 an honest employer, you are out of luck. If you work in an "at will" state, the burden of proof falls upon you, the employee, to prove that you were canned if the employer states that you were not. So, I was let go. Fine, the job was HORRIBLE and an insult to my level of experience and education (I guess I am still bitter), anyway, the awful woman that was my supervisor is claiming job abandonment, which means that I was a no call no show. Therefore, I have to PROVE I was fired. How the hell do I prove I was fired? Do we all need to bring back up with us every time we speak to a supervisor? So, right now it appears that I will lose my unemployment benefits. Fiscally, I am able to collect based on my prior job that I had for 3 years (company closed, thanks W.), but I can't prove I was canned.

And I feel that I need to clarify something regarding my tattoos. I am not some anarchist, in your face, I'm gonna live life my way or the highway type person. I am all about putting on a suit and playing Susie Office Professional if the job and office match my description. But I don't see the need to dress and look like Lillith Crane when the offices in question have paint peeling off the wall, stains on the carpet, and fellow office workers that have no problem showing off what they had for lunch on their shirts. I have a face to face interview next week with a very classy real estate venture company, tattoos will be covered, suit will be worn, no issues.

[Tara tootie]

PJAP you really got dicked. Though I agree with OTB on the issue, the job abandonment is crap. I suppose next time, you should get it in writing ON THE SPOT to avoid further issues?


Good luck with your interview. Maybe in retrospect this whole horrible experience will have opened a door to a REAL, GOOD job for you. <3

[SerialSinner]

That sucks PJAP. On the bright side, you are free to start again and the possibilities are huge. Also keep in mind America is a very big place:


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