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Re: Age Discrimination
Posted: Mon Jan 30, 2012 5:07 pm
by rtalbigr
Well, I mailed the initial paper work to the EEOC today and I also mailed a letter to the owner/president/ceo. More importantly I've been working the "Good Ol' Boys" network. Having worked with some of these guys for 18 years I know who ta call when one needs to get the word out. Believe me the grape vine is alive and well. I do believe right now my ex-PM is pretty much dog food to all the true workin people in the company. If I can get him shitcanned that will be a reward in itself. I've worked my butt off for 18 years for this company and to be tossed out so that PM can look good........I hope I can give him his just rewards.
Big R
Re: Age Discrimination
Posted: Mon Jan 30, 2012 5:14 pm
by Bull Rider
Big R:
Whoa there Big Guy, take a deep breath here, and decide what's your objective. Do you want to get your job back with a company that you have a long history with, or do you want to slam dunk and bitch slap your PM?
This is the time for clear thinking, and good decisions, not a vendetta. I understand that you're pissed, and you have reason to be pissed, I just want you to keep your eye on the ball and stay in the game.
Like they say, keep your friends close, and your enemy's closer.
Bull.
Re: Age Discrimination
Posted: Mon Jan 30, 2012 5:50 pm
by rtalbigr
Bull, I appreciate your comments, but understand, there are a few of us who have worked hard for many years for this company. Ya, we're union, but that was always a means to suppliment our retirement, nothing else. The company turned against us, because we cost too much in their eyes. We gave our hearts and souls. There were four left, now there are only three. If by spreading the story of what has happened to me, I can help the three remaining, then burning my bridges is worth it. These three remaining are trusted and loyal friends, they have also been loyal employees. I will survive, I always have and will. I am perfectly willing to sacrifice myself for their benefit. If we have not the blessings of friendship and the sacrifices it intails then we have nothing.
Big R
Re: Age Discrimination
Posted: Mon Jan 30, 2012 6:13 pm
by Braz
I agree, keep your eye on the ball. Have you talked to your Business manager yet? The grievance route (probably) won't work since you are without a contract at the moment. But tell him you want to file an NLRB charge alleging a Section 8(A)(3) termination in retaliation for your union membership/activity. If he doesn't want to do it, you can do it on your own. (I think you can find your local office by looking at nlrb.gov) You can do this while also pursuing the age case. Sure, you don't want to go back to work there, but best case scenario is that you get backpay from now till the employer makes a good faith offer of reinstatement, which you can then accept or decline. Worst case is that the NLRB charge is dismissed, but it doesn't cost you anything to try.
Re: Age Discrimination
Posted: Mon Jan 30, 2012 6:18 pm
by blind drunk
My best results have always been by bearing my teeth and filling out the proper forms and jumping through those hoops. You gotta bear your teeth though, so good on you for doing so.
Re: Age Discrimination
Posted: Mon Jan 30, 2012 6:38 pm
by mash rookie
Big R,
I have never spent a dollar on an attorney (or good accountant) that did not bring me back two dollars in return. Don’t cheat yourself.
Good luck Amigo. We all are hoping for the best for you.
Mash Rookie
Re: Age Discrimination
Posted: Mon Jan 30, 2012 6:48 pm
by MitchyBourbon
That's a tough break Big R, I'm really sad this has happened to you. Don't know if this helps but right to work right to fire states usually have some sort of protection for those of us over 40. They can't fire you for no reason. If they put anything in writing I would look it over very closely. If you are serious about fighting this you need to talk to a lawyer as soon as you can. You may also want to talk to EEOC.
Good luck
Re: Age Discrimination
Posted: Tue Jan 31, 2012 5:47 am
by rtalbigr
Thx Braz for that info. I'm calling my BA today. Funny thing is, I've talked to the other union guys, there's just four of us out of this office and each one said, hey, ya know this is about the union. They got you and now there's just three of us left. The other three are pretty fed up with the company, said they're ready to go elsewhere.
Big R
Re: Age Discrimination
Posted: Mon Feb 13, 2012 9:24 am
by rtalbigr
Well an update.
I sent in the initial interview paperwork to the EEOC several weeks ago and have been waiting for them to schedule and interview, which they specified would happen. Apparently they didn't think an interview was necessary because I got the Form 5, Charge of Discrimination, papers in the mail Friday for my signature. They also sent paperwork for me to sign for mediation which I will try to see what they company is going to offer. So, I'll be mailing it all off today to get the process going.
I did call and talk to my union BA but he was really of no help. However, I did learn some interesting info that I know some of my former fellow employees need to know so I got on the "good 'ol boys network" so my friends would be able to prepare themselves for the inevitable.
It may be that this whole mess will be a blessing in disguise.
First, in Tennessee, being discharged doesn't make one eligible for unemployment compensation, but due to the discrimination conditions I have had no problems, I got my unemployment w/o haveing to do any appeals.
Second, I'm going to need time off anyway. A couple of weeks ago the police found my 87 year old dad parked on the sidewalk and passed out in his car. They took him to the hospital and my brother had him transfered to a re-hab facility for evaluation and hopefully re-hab where he could go home. Well, they got him for some re-hab one morning and found that in dressing himself my dad had put both socks on one foot and had on three pair of underware. So re-hab is not going to help.
Thursday I've got to drive out to Denver (1300 mile trip) so my brother and I can find a facility where we can put dad and then start going through everything , property, finances, etc. so we'll be able to take care of him. My brother is already tryin to take care of our mom (advanced dementia) so he's goin to need a lot of my help with dad. I'll be traveling back and forth at least once a month for a while.
Ya know it's odd, ya here about stuff like this but ya never really think about it happening. I finally got used to my mom not knowin who anybody is, I just never thought it would happen with my dad as well. It very difficult to see these individuals in such a state, these are not the parent I have known my entire life.
Big R
Re: Age Discrimination
Posted: Mon Feb 13, 2012 9:34 am
by Prairiepiss
Glad to hear the work situation is sounding like its headed in the right direction.
But sory to hear about your parents. Hope it all works out for the best. And safe travels to you.
Re: Age Discrimination
Posted: Mon Feb 13, 2012 10:16 am
by retlaw
why do people feel bad when they have been given their freedom back?
is it because we have been conditioned to perform the role as a slave from birth?
no more busting your ass off for people that don't give a shit about you,
you have been given a new chance, what are you going to do with it?
Re: Age Discrimination
Posted: Mon Feb 13, 2012 5:05 pm
by rtalbigr
retlaw wrote:why do people feel bad when they have been given their freedom back?
is it because we have been conditioned to perform the role as a slave from birth?
no more busting your ass off for people that don't give a shit about you,
you have been given a new chance, what are you going to do with it?
Well, I've always wanted to learn to play the violin. I guess now's my chance.
Big R
Re: Age Discrimination
Posted: Mon Feb 13, 2012 5:30 pm
by retlaw
thats the spirit,
start playing the violin,
one of the best things that ever happen to me was i got fired,
that was 18 years ago and i never had a job since,

Re: Age Discrimination
Posted: Mon Feb 13, 2012 5:41 pm
by rtalbigr
retlaw wrote:thats the spirit,
start playing the violin,
one of the best things that ever happen to me was i got fired,
that was 18 years ago and i never had a job since,

Quite honestly, I'm very happy to be unemployed. I was pretty much deathly sick of the BS I had to go through to keep a job. So, I'm pretty much on to the idea that I'm retired and I'm gonna do my thing, what ever it takes. I'm just pissed at the way the BAST***S did it and I want my pound a flesh.
Went by the job the other day to pick up the rest a my stuff. Tol' everyone, "He**, I sleep in every day, if I get a little sleepy in the afternoon I take a nap, mostly I do whetever I Da** well please." They was all cussin me when I left.
Big R
Re: Age Discrimination
Posted: Mon Feb 13, 2012 11:16 pm
by retlaw
monday is my favourite time of year,
what shall i do this week?
Re: Age Discrimination
Posted: Wed Feb 15, 2012 4:00 pm
by rgarry
Update on outcome?
Re: Age Discrimination
Posted: Wed Feb 15, 2012 6:23 pm
by rtalbigr
rgarry wrote:Update on outcome?
I sent the signed charge papers in Monday so it's wait until I get a date for mediation, then I'll take it from there.
I'm leaving
early tomorrow morning for Denver to meet my brother so we can work out this stuff for my dad. I hope to make it to Burlington or maybe Limon tomorrow (
looong day, probably 1150-1200 miles, thru St. Louis and KC) and then a short trip Friday on into Denver. It took me a pretty good while to decide which "special" stock I needed to take with me. So, I got a distilled mead, a single malt, three different bourbons, and some TN Sour Mash, all very carefully packed. Also got plenty of crackers, fruit, boiled eggs, muffins, water, etc to make the trip. Hope to be back home in 2-3 weeks. Kinda worried about 50 gal a rye bourbon wash I got to leave settin but I got it all sealed up so hopefully it'll be ok.
Big R
Re: Age Discrimination
Posted: Wed Feb 15, 2012 7:33 pm
by Prairiepiss
That offer for some BarBQ still stands.
Re: Age Discrimination
Posted: Thu Feb 16, 2012 1:41 am
by rtalbigr
Thx PP. I'll be goin back and forth for a while this year. On some future trip I'm definitely gonna take you up on that. I've got some Wheat Whisky I'd like you to try.
Big R
Re: Age Discrimination
Posted: Sun Feb 19, 2012 5:50 pm
by rtalbigr
I've finally found some time to get on line. We've had a really hard time with Dad. Between the dementia, Parkinson's, and his damned sutbborness my brother and I have been just emotionally drained. Yesterday he had my brother in tears. Last night I finally had to give him a good chewin out so today went a little better, more cooperative.
I would not wish this situation my brother and I are in on anyone.
Big R
Re: Age Discrimination
Posted: Sun Feb 19, 2012 5:58 pm
by blind drunk
I hear what yer saying. My mother had dementia for 15 years. She had us all in tears many times. Eventually she just stopped talking and started shaking and shuddering in some sort of extreme fear mode. The long goodbye, indeed. Good luck, take care.
Re: Age Discrimination
Posted: Sun Feb 19, 2012 6:16 pm
by Prairiepiss
I went through something similar with both my parents. Wasn't a very long time period. But any time like that is to long. I'm sory you have to go through it. Keep your head up.
Just let me know.
Re: Age Discrimination
Posted: Sun Feb 19, 2012 6:42 pm
by fullhouse
sorry ur having a rough go RT...will keep u and family in my thoughts...but i must warn u its a mixed up mess in there with my thoughts...good luck with all
Re: Age Discrimination
Posted: Mon Feb 20, 2012 7:11 pm
by rtalbigr
My brother and I have adapted a good cop/bad cop to deal with Dad. I'm the bad cop when I need to be. It's working though, we got him looking at facilities, and I just flat told him, you're gettin new hearing aids and he finally gave in. So, it's looking up a little. It's still really stressful.
Big R
Re: Age Discrimination
Posted: Mon Feb 20, 2012 7:41 pm
by retlaw
what...there are good cops? lol
yes it is stressful,
so many people don't have anyone to look out for them when they need someone to watch their back,
i tell my children all the time that someday i will need then to change my diaper,
they don't find it funny,
at least you don't have to go to work tomorrow

Re: Age Discrimination
Posted: Sat Feb 25, 2012 10:33 am
by johnny108
What about the PM at the old workplace?
If there was no "hard feelings"- you could always take him out for a drink, slip him a mickey, throw him in bed with a dead hooker and take his picture.....
?
Re: Age Discrimination
Posted: Sat Feb 25, 2012 1:48 pm
by bentstick
Prayers are with ya rtalbigr,hope things smooth out for ya!
Re: Age Discrimination
Posted: Wed Mar 21, 2012 1:58 pm
by rtalbigr
The mediator called me today. He wanted to know if I'd be willing to go to Nashville (2/12 hr drive) to do the mediation. He said "the other party" requested it. Sorta what I expected, but it's not really a big deal to me. He said he's workin on doing it first week in April. So........
Big R
Re: Age Discrimination
Posted: Wed Mar 21, 2012 2:07 pm
by Prairiepiss
Why 2 1/2 hours away? That's a load of crap.
Re: Age Discrimination
Posted: Wed Mar 21, 2012 2:19 pm
by retlaw
yes crap,
ask how much are they going to pay you?
if the other side requested it, then it is for their interests and not yours,
make requests that are in your best interest,