unenjoynment - I got spanked hard

  #31  
Old 02-22-2007, 02:19 PM
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Originally Posted by jnk2001
Man, maybe the lesson here is, don't tell ppl on here what happened. every pseudo lawyer and over assumer has an opinion and more then happy to share it with you. :roll:
You mean like this:

They'd spend a 100,000 if they though they could hang someone as an example. It isn't always about the money.
:?:
 
  #32  
Old 02-22-2007, 02:37 PM
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Originally Posted by Rev.Vassago
Originally Posted by pepe4158
If you REALLY believe that I have a bridge too sell ya...cheap; cuz the fact is any chance they have to punish someone out of step they WILL. As I insisted, they only drop it when they dont have a case.You best bet your bottom dollar ANY chance these companies get to F you they WILL! ESPECIALLY someone they think wronged them they already WILL prosecute to their fullest avenues.



But as you said:

You best bet your bottom dollar ANY chance these companies get to F you they WILL



But let's run another scenario, shall we?

The O.P. decides to take your advice, and files a wrongful termination suit against the company. Now, the company has to call that $200 an hour lawyer to defend them. To offset some of the cost of defending themselves, they decide to countersue for the original $5000 that they WOULD have let slide, because now it is in their interest to do so (since the lawyer is going to be going over their documents anyway).

Which sounds more plausible? I say the latter.

Rev...look no offense man really, cuz you sound like a hard working small business owner that anyone would be proud to work for; with that being said your scenario shows you are really WAY off on what a wrongfull termination suit is like (I can tell from your scenario.). Take it from someone who HAS won a wrongfull termination suit against a major company.
For one you will have noted before I mentioned NOT to spend your own $ on an attorney(other then low cost initial advice $25 now I think), if you have a strong case, an attorney will take your case on consignment and will assume all legal action in defending you in any shape or form. Getting him to take it on consignment isnt easy tho, they only would take a case they are confident of winning and that requires a LOT of leg work and reasearch on your part, which it may be in the OP's best interest to move on, depends on him or her I quess. I am just sick off taking big company crap and fight back myself .
 
  #33  
Old 02-22-2007, 02:53 PM
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Originally Posted by pepe4158
Rev...look no offense man really, cuz you sound like a hard working small business owner that anyone would be proud to work for; with that being said your scenario shows you are really WAY off on what a wrongfull termination suit is like (I can tell from your scenario.). Take it from someone who HAS won a wrongfull termination suit against a major company.
For one you will have noted before I mentioned NOT to spend your own $ on an attorney(other then low cost initial advice $25 now I think), if you have a strong case, an attorney will take your case on consignment and will assume all legal action in defending you in any shape or form. Getting him to take it on consignment isnt easy tho, they only would take a case they are confident of winning and that requires a LOT of leg work and reasearch on your part, which it may be in the OP's best interest to move on, depends on him or her I quess. I am just sick off taking big company crap and fight back myself .
That isn't the point - the point is, he admitted he did something illegal. We aren't talking about someone who was fired for no reason - he admitted he was skimming money on something he shouldn't have been getting it on. Going after the company for terminating him for it would be foolish, and could jeopardize his entire trucking career, and possibly land him in jail.

Could he bring a suit against the company? Sure. Would he win? Maybe, maybe not. Is it worth it? NO FREAKIN WAY. It would only open a can of worms that he should be running as far away from as possible.

As I said earlier - he should thank his lucky stars that firing him was all they did. It could have been a lot worse.
 
  #34  
Old 02-22-2007, 03:04 PM
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Hmmm the point being he did something illegal and admited to it, (certainly not in his best interest, needs to not lie but put his best foot forward) hmmmm not sure if he would quite admit it to that being the case tho, especially if he WAS on trial, but if he would, why do you think the first thing a good attorney says is, shud up n let me do the talking
As I said tho, some things are not as black n white in a court of law, you see them that way tho which is good, thats why I believe if your a small time buiz owner I could get a fair deal from you.
 
  #35  
Old 02-22-2007, 03:07 PM
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Stealing from the company- got caught- got fired. What am i missing here?

As far as an extra 80-100/week, thats chicken shit money. Now you have a smudge on yoru record (if it shows) as a theif, even though you didn't steal product.

I'm not going to play "holier than thou", because if my trips were within 10-20% of 300 miles, I might "fudge" it every now and then. But EVERY trip??

As far as trying to sue THEM, good luck! Like the rev said, they are the sleeping giant. Don't wake them, and you'll be a-ok. Statute of limitations can still allow them to file charges against you, and most likely recoup the moneies paid to you.

As far as wrongful termination suits, I wouldn't want to work for a company that fired me. I have been fired before and didn't reataliate- I found another job, and moved on :wink: As pepe said, hes been through the courts for like 4 years waiting on a settlement. Don't put yourself in that boat.

As far as fedex or any job in that sector of the industry, you may have screwed yourself.

And let me say, you are taking the positive and negative criticism well that people are dishing out. I hate it when people ask advice, then get pissy when people post things they don't want to hear :wink:

One question for you- was it worth it? Be lucky they didn't press charges, then you'd REALLY be screwed!
 
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  #36  
Old 02-22-2007, 03:11 PM
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Sorry it's been awhile since the last post, things with the family to take care of.

Rev Vassago--- Yes I AM lucky that the company seperated me from employment, and decided not to press charges against me.

To every one else: I am not looking for retribution, just cleaning up my name so to speak. I DO have a good standing with my fellow drivers and also the dispatchers. All the dispatchers have said that they would give me a character refrence, which to me says alot. There is a lot of things going on at the local McLane that doesn't meet the eye so to speak, that probably I shouldn't talk about.

Nobody has yet to tell me how do I get my DAC report, I know how to get my DMV report, but IF I need to check my DAC report can some one please tell me how to do this.
 
  #37  
Old 02-22-2007, 03:15 PM
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Give it a week or two to show up on your DAC. If you got fired a few days ago, it might not be there yet.

I forgot the link to the company, but its under a different name (I believe)
and you can request 1 free copy before having to pay for additional ones.
 
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  #38  
Old 02-22-2007, 03:26 PM
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Originally Posted by NHExplorer
Rev Vassagog , --- Yes I AM lucky that the company seperated me from employment, and decided not to press charges against me.
.
Not lucky I am convinced, more like they contacted the local DA and he said, "Dont bother me with civil issues." Or else they would have roasted and fried him if the DA showed any interest, thank the DA, not that piece of ^&%^ big company lol, they couldnt give a %^$% about him and his family I am convinced (shame on you Warren Buffet you big liberal PHONEY!) Just glad to see you have a good attitude about picking things up and moving on GL to ya
 
  #39  
Old 02-22-2007, 03:29 PM
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I'm curious if he will get a last paycheck. Mclane may hold back money he stole, or hit him with a bill to repay. They might go to court and get a judgment against him and try to garnish his wages.

The handheld delivery boards we use came out right when I started driving. We had several drivers in our district fired for taking more than an hour for lunch. They thought they could take 1 1/2 to 2 hours of lunch everyday and make a little extra money. You know $80 to $100 a week. What these dummies never thought out was the computer keeps track of your delivery times. So a supervisors would print out a drivers delivery record and see a two hour hole in his day. After seeing that for several days Loss and Prevention is called in to follow the driver and observe what he is doing. They witness it, and the driver gets canned and has no way to come back. Stealing is an offense that not even the teamsters can overcome and thankfully so.

Companies use so many computers now a days that its nearly impossible to get away with anything for too long. A simple formula in a fast food restaurant that compares inventory to sales can tell a store manager if food is being stolen. This Mclane driver got caught because some computer program flagged it and management started looking at his records and found he was cooking the books. I would say getting fired is the least of his problems right now. Better pray Mclane just doesn't want to hassle with him.
 
  #40  
Old 02-22-2007, 03:40 PM
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NHExplorer- if you have any friends left at McLane, try finding out how they are going to pursue this, you might even call the guy who invited you not to come back to work anymore. Also I am not sure by your posts if you actually ran an amount of 300 miles driving or if U just put that figure on your paper work after you drove 150 miles. If you actually drove the 300 miles, maybe not employing the most direct route, they really don't have a case against you- they can't come after you for being a smuck. Now if you only did the 150 per day, maybe U could get community service, like cleaning up the sides of highways and watching Steve Booth drive past in his red truck.
 

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