Laid off Work because of AGE?

1. 69

   Michael Willisposted 14 years ago

   Insulted because I am 48 yesterday afternoon and then laid off today. "Not personal!"...well...the LAW says different!
   Still work circles around everyone on the job, the only person on the job to get praise from the General Contractor and hear all day from the other contractors how lazy our company is and the lazy people still have their job.
   
   
   I have a lawyer friend who will love me Monday when we meet.

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   1. 69

      Michael Willisposted 14 years agoin reply to this

      Also to mention...everyday I am fixing problems the younger guys mess up everyday!!! And this company has so many electrical Code Violations it is ridiculous.

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   2. 74

      IntimatEvolutionposted 14 years agoin reply to this

      My uncle Gary won 3 million dollars in an age/firing case.  He was able to prove that DuPont fired him because of age.  He had worked there nearly 30 years.

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      1. 69

         Michael Willisposted 14 years agoin reply to this

         WOW! That is a shocking number!!!! I can easily prove the wrongful lay-off. My title and the jobs and men kept on is proof enough to raise the question. Not to mention the witnesses.

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   3. 60

      dutchman1951posted 14 years agoin reply to this

      my Wife was forced off work due to harrassment at work, was told she was to Old etc..., could not multi-task...all the under-handed talk. she took it until she could retire then told them to get lost.
      
      amazing thing is they have been trough three people in her chair sense then and called to to ask her if she could assist for a bit! (Teach some one her position!)
      
      A Lawyer told us it was worth about 300,000, but we needed about 7500 up front for depositions and such...could not afford to sue. they got away with it unfortunitly. Tennessee has some archaic laws and non action authorities. made the situation worse. would have loved to nail them.
      
      The EEOC was ok, they took her complaint, made the company pay a fine for it. Nothing big though.

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2. 60

   Ohmaposted 14 years ago

   Micheal I am sorry to hear you are going through this.
   I am curious though did they come right out and say it was age related?

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   1. 69

      Michael Willisposted 14 years agoin reply to this

      He said slow work! LOL, I received a call from a General Contractor an hour later asking when I would be on the job site for another job the company got from him and he requested me.  Tsk...caught the Company guy in a LIE! Work is not slow.
      He kept the guys on payroll who party with him at his house on weekends and get drunk or fish with him.  I have heard complaints about everyone of these guys every day from the General Contractor and other contractor since I have been on the job the past month. What a joke.
      
      I have a friend who is a lawyer and I am friends with the local Electrical Inspector. I will be calling both!

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3. 71

   earnestshubposted 14 years ago

   Go get em Michael! It sounds like they could learn a few lessons in morals and management!

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   1. 69

      Michael Willisposted 14 years agoin reply to this

      When they laid me off last spring for a long while...I was understanding and drew unemployment for the first time ever.  I found out after they called me back to work (from a co-worker) I was laid-off because I was single and the married or men with kids needed their jobs more than a single person did)---another illegal procedure.
      This time.....I want either ownership in the company and/or the person who laid me off fired!!! He is the worst screw up in the company. I knew him before he got his position at this company and I could tell many stories about him to the owner. And I intend to next week in a private meeting.

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      1. 71

         earnestshubposted 14 years agoin reply to this

         You are certainly justified in getting him the sack. People like that destroy whole work environments.

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4. 60

   Ohmaposted 14 years ago

   Hi Earnest.
   Good luck to you Micheal it sounds like you are definitely being given the shaft and perhaps it is past time to beat them with it,

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5. 76

   Shadesbreathposted 14 years ago

   That sounds pretty bad.  Take them to court.  In a year from now, that company will be the Michael Willis Electrical Company. 

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6. 69

   Michael Willisposted 14 years ago

   This is definitely not a rush to judgment towards this company. When I was called back to work in the Spring, I was promised a gas card for travel expense or an agreement on a work expense check, which was denied after 2 weeks...I kept working. I needed the job.
   The VP (guy that laid me off) screwed up on a bid of a job I did and the company lost money and future jobs with a new contractor. He looked bad.
   The VP also messed up on another job and tried to lay the blame on me, but I would not have it and spoke up.
   This time he has been heard (by someone else who does not work for the company) talking about my age and how he wants younger guys and to get rid of older men. OOPS!!!
   And to top it off.....men who hang out at his house to party with booze and other substances keep their jobs, even when they are not capable of doing the job required.
   
   I do have a friend who has been to these parties who will speak up when I call the lawyer.

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      manlypoetrymanposted 14 years agoin reply to this

      Sounds like if you take them to court...They would be getting their just "come-uppings" for sure. Maybe...they'll just read this instead...and give you a settlement while they still can!
      
      Sorry to hear the news...Hope it works out for the good in the end run!

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   2. 72

      Kangaroo_Jaseposted 14 years agoin reply to this

      My father lost one job due to his age, at the time he was 53. He had two witnesses whom may have backed up his story as to why he lost his work position. My father decided to not take up any action against the company and the two 'friends' chickened out of their support.
      
      Wish you luck on whatever course of action you decide to take Michael.

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7. 78

   KCC Big Countryposted 14 years ago

   Sorry to hear about your situation Michael, but in light of possible (probable) legal action, do you think it's wise to post everything here?  I'd ask HP to delete it all.  It could hurt your case.

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8. 0

   ryankettposted 14 years ago

   Same as KCC Michael. Sorry to hear of your position.
   
   But at the same time, be careful not to undermine your position - particularly if (as suspected) you are using your real life name.

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   1. 69

      Michael Willisposted 14 years agoin reply to this

      Thanks for the input KCC and Ryankett. I see what you are saying. I am not venting too much out. There is a ton of more information I could write, but am not because of legal reasons.
      No one at work has a clue of where I write and if they do...I have witnesses to back it all up.
      
      And yes, I am venting here as well and am so glad I have a place to vent!!!!!!  That is another great thing about Hubpages. You can vent and people understand.  I probably am too upset to sleep much tonight. But, that is OK.
      
      I have started a list of work  violations, wrong-doings, code-violations and will do what is necessary. Even if someone from the company was to read this.....I wish they would! Maybe they would squirm at the fear about what is to happen. There is so much more that will happen.
      
      It is good to have a close friend who is  a Lawyer!!! And especially when 2 of the other laid-off persons call and in shock to hear I was laid-off when I was the one carrying the job!!!
      
      Edit: And to add...the son-in-law of the company owner knows what has been going on also and I know he will back me up!!! He cannot stand the VP!

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9. 89

   wildernessposted 14 years ago

   I have to go with KCC and Ryankett, Michael.  If you intend court proceedings, be very careful what you say.
   
   It does sound to me like a pretty good case, though, particularly with the witnesses to conversations.  A good lawyer will, of course, give far better information and advice that I ever could.
   
   You might want to be careful again with accusations of code violations and such.  Even if provable such talk could very easily get you effectively black listed for other employers in the same trade and area.
   
   I sure sympathize with you.  It sounds like we're in the same trade and I've found that while the younger kids can outperform me at specific tasks (pulling 500's isn't as easy anymore) experience, knowledge and work ethic more than makes up for it.  Nevertheless should I lose my current position I would be hard pressed to find another at my age.  Good luck

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   1. 69

      Michael Willisposted 14 years agoin reply to this

      Thanks. That is why I am cutting my conversation short from here on out. 500's? I can still do that! There is a secret to how to work those in Switch gear!!! The smallest person can outwork any muscle guy if the trick is known!!!

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   2. 69

      Michael Willisposted 14 years agoin reply to this

      I just read your profile!!!! Hello to a fellow Electrician!  Of course after finding this out I am now following you! We could have hours of conversations about Electrical work. I am mostly trained in Commercial and Industrial, but also do residential.
      It is a job I love and I take seriously. I am a hard-as* for following NEC Code. And very good friends with the local inspector!!!!!

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      1. 89

         wildernessposted 14 years agoin reply to this

         And hello right back at you.  I also do mostly commercial and a little industrial.  I've never done residential (and don't want to!) except my own home of course.
         
         Yes, following code is necessary not only from a business aspect but from a good workmanship and safety aspect as well.  It's important.
         
         You may handle 500's still, but I've got 12 more years on you and packing that stuff around the job site or even feeding a tugger can be a chore nowdays.  I'll run the tugger and let the young bucks feed it, thanks.

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         1. 69

            Michael Willisposted 14 years agoin reply to this

            The "Tugger" is a great invention of our trade!!! Nothing better than for a wire pull. And lots of soap of course.
            I love the industrial side of electrical work. I love working with rigid. (You know what I am talking about even thought others have no clue!) lol
            
            Except "PVC Coated Rigid"....hate that!!!!! it should be outlawed. lolol

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               SomewayOuttaHereposted 14 years agoin reply to this

               ....now hold on there.....i work with electrical stuff too...residential only though....
               
               
               
               night all!

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               1. 69

                  Michael Willisposted 14 years agoin reply to this

                  And there is nothing wrong with that at all!!!!!!   I have worked in all electrical, even  residential!!! There are more idiotic rules in residential though lololol

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               2. 89

                  wildernessposted 14 years agoin reply to this

                  Three electricians on HP??  I don't believe it!  Out of all the thousands of hubbers I would have said for sure I was the only sparky around.

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                  1. 69

                     Michael Willisposted 14 years agoin reply to this

                     LOL, OH no!!! We are soooo electrifying! lol  I would like to write more about the electrical side, but.....there is the liability factor. So I have put off writing hubs about that. But I love discussions about the NEC. UGH, and how I disagree with some of it. lolol
                     We need our own category!

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                     1. 89

                        wildernessposted 14 years agoin reply to this

                        I sure agree about the NEC.  I'm fighting with my lead man about multipole breakers now for boated circuits - he doesn't want to do it (neither do I) but we have to.  There are some like that that just seem to be designed to add labor time and cost more than anything else.
                        
                        Maybe we should petition HP for a "sparky only" forum.  Think 3 of us could fill it up?  Maybe with grips about NEC and local codes.

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                        1. 69

                           Michael Willisposted 14 years agoin reply to this

                           LOL, we could overload HP with our writing about the NEC! The changes that come about are about $$$$$ more than  safety. Give me a break!
                           Like the Combination ARC_Fault breakers!!! What a joke. It is all about more money. Anything you plug in will trip the breaker.
                           And the grounding of all faucets!!!....even though the water lines are 'plastic'??????????  Death trap to the owners if the motor of a jacuzzi shorts out.

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                           1. 69

                              Michael Willisposted 14 years agoin reply to this

                              A short circuit travels shortest path to ground........the path from the jacuzzi motor to the faucet next to water is much closer than the ground in the panel and ground rod outside the house!!!!  DUH!?!?!?!

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               wildernessposted 14 years agoin reply to this

               Haven't done a whole lot with rigid and none with PVC coated.  I'd like to get back into industrial control design and implementation - I did all the work at a little plant out east for 20 years and enjoyed designing my own automatic circuitry and then making it work.
               
               I keep thinking someone needs to invent a rig to feed a fishtape in and out using a cordless drill.  A mini tugger.

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10. 69

    Michael Willisposted 14 years ago

    The sad part of the entire event is...you hear about Age Discrimination, but you don't relate or feel much about it until YOU are the one at the end of it!!!!
    
    I think it is time to use my writing (after this is dealt with of course) to write and bring more attention to this injustice. Someone has to step up and speak up for ALL workers who do their jobs.

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11. 60

    dutchman1951posted 14 years ago

    Michael, I would advise getting  a pocket sized recorder, and turn it on when your approached. Let the Attorney know this and let him make decisions on what to do with the recordings, They are legal to use, I found out.
    
    helps to prove the intent, which can help
    
    Jon

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12. 61

    SomewayOuttaHereposted 14 years ago

    Hey Michael....sounds like a human rights case too...that's big trouble...not just the fact the VP didn't know how to handle a termination properly for whatever reason....a labour relations lawyer will easily deal with the termination...but then add to it all a human rights case...wooooo!  the VP doesn't sound too smart.  In Canada you wouldn't have to go to court necessarily...lawyers should settle it all outside of court....doesn't sound like the VP received any hr advice or legal advice before the termination....big big mistake on his part.

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       SomewayOuttaHereposted 14 years agoin reply to this

       and now it's best to hire the labor relations lawyer and let them do the fighting for you...and maybe if you're lucky the VP won't stay quiet....but as soon as the VP deals with a lawyer, the lawyer will advise him to not talk to anyone....and maybe the Pres of the co. has already told him to do so.

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          SomewayOuttaHereposted 14 years agoin reply to this

          one more thing...today....i'd write down exactly what transpired (only from your perspective) (you could do another record of other info you are aware of but it's heresay) so you have a record to hand to the lawyer....i betcha the VP won't do that right away.....

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          1. 69

             Michael Willisposted 14 years agoin reply to this

             Smart thought!!! I am all over that! I will have every word written down. My best quality is I have a memory that is uncanny.I never forget.  I can remember things normal people cannot. I will have the words written down as well as facial expressions from the past week!!!! And will go back to the day I was called back to work as well as the precious year of working for this company.
             
             Sad to say, but when you pass the 40 year old age mark, you have to document everything to keep a job and be ready for AGE discrimination.

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13. 69

    Michael Willisposted 14 years ago

    Something I did not also know and just found out by doing online research is the OVER 40 Discrimination Act. Wow, this will help tremendously. I was only 1 of 3 people on payroll to work in the field of the entire company over 40 years of age. One guy is out of commission (over 50) for several months with an injury and that leaves only 2 men over 40. Hmmm, VP prefers younger (what a joke...if I was the owner I would fire 90% of the young worker on payroll because of their inability to do the job) and find reliable workers instead with age not a factor at all.

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