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Lost job by a lie...what now! New York

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  • #16
    Originally posted by Pattymd View Post
    If you've been in construction for any length of time, you know that out-of-town travel is common in the industry.
    25 years and it used to be a man's word was all that was needed. As I stated earlier, I had a job (construction) that didn't require travel before I hired on with them. Hindsight being 20/20, I should have stayed there. I will let you know how it all shakes out.

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    • #17
      Ok, let us know the outcome.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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      • #18
        Even twenty five years ago, I very much doubt that a "promise" made two and a half years previously by only one of the partners would have been considered binding. It is now and it always has been the perogative of the employer to change the terms of employment as business needs change.

        Sometimes a significant change in the terms of employment can result in your getting UI, so it's possible that the UI office will approve a claim. But since travel is an integral part of the construction industry it's not unreasonable to expect that you will do some travel, so while I could be wrong, I'm not hopeful about your chances.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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        • #19
          Originally posted by cbg View Post
          Even twenty five years ago, I very much doubt that a "promise" made two and a half years previously by only one of the partners would have been considered binding.
          A man is only as good as his word and I am glad I don't hang with your group.

          I truly think the "one" I had the deal with changed his mind because his other 2 brothers got mad about 4 of us not having to travel.

          It is a strange situation....business growing....3 brothers with their own agenda...can't all get on the same page. Sometimes can't even get in the same book.

          This may all be for the better in the end. Just for a little more background. I started with paid vacation, paid holidays, 3 sick days and uniforms. That has all been taken away in the past few months. NOT because of the economy, they have ALOT of work. They are just getting greedy IMHO, but it is their business and as they say "Karma is a B*tch".

          Like I said I will let you all know the outcome.

          I still think the 4 hours one way and cutting the pay to less than half will be in my favor. The job is not prevailing wage, they don't pay motel expense and they don't pay for meals. Pay cut from $45 to $19.

          They can support me with the majority of NY'ers........on the welfare line.

          Have a good day.

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          • #20
            Clearly you are either unwilling or unable to understand the difference between an employment negotiation and a promise for life. I'm glad I do not employ you.
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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            • #21
              Originally posted by cbg View Post
              Clearly you are either unwilling or unable to understand the difference between an employment negotiation and a promise for life. I'm glad I do not employ you.
              No....clearly I am unable AND unwilling to except it as normal for a man to go back on his word. There shouldn't be a difference between an employment negotiation and a promise for life. A man/womens word is their word...period. If I can't trust someone on their word, they can't be trusted in my opinion. Clearly if that is the way you are, I clearly wouldn't want to be employed by you. If I was employed by you I would expect you to be good to your word. Apparently you have a problem, with that for some reason, and I am unable to understand it.
              I don't see any reason for a man/woman that owns a company to lie to or mislead their employees or prospective employee. Say it the way it is and that is that. If that would have happened 2 1/2 years ago, I would have still been working for my ex-employer. Who, by the way, I contacted the day I was let go and he told me he will need help in a few weeks. He also said that I have a job as soon as he has the work. I take him for his word because he is a man of his word.

              Again, Thanks for your input.

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              • #22
                A man is only as good as his word and I am glad I don't hang with your group
                This is business. He didn't lie, he changed his mind. Or forgot. And unless you've seen their balance sheet, you don't know how well they're doing financially. Frankly, if you don't learn a lot more about business and the employer/employee relationship, you're bound to be continually disapointed in your work. Someone moved your cheese. Deal with it or be grumpy and lose your job.

                While there is no way I'd commute 4 hours one way to work, your reaction about someone's 'word' is over the top. I hope you don't have kids and you didn't tell them you'd never die, or anything like that. Oops, did you tell them there's an Easter Bunny or Santa Clause? Life changes, situations change, and what worked before doesn't necessarily work now. AND, as this person is only a co-owner, his word could be overridden by his brothers anyway.

                You're focusing on one small part of a much bigger picture, and kinda acting like a teenager who's stomping their foot and saying "but you SAID I could go to the concert" after the dad lost his job and can't buy them a ticket. You can complain all day, but it won't get you anywhere, except labeled as inflexible and not a 'team player' at best, and a PITA and fired in a worse case scenario. Worse than that is being such a whiner about little things (majoring in minor things) that it gets around and no one wants to hire you.
                I am not an attorney, and don't play one on TV. Any information given is a description only and should be verified by your attorney.

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                • #23
                  And the point that I am making is, I very much doubt that even at the time, the partner you spoke with intended his agreement that you not have to travel be a binding contract for life. I strongly suspect that if he realized that you intended it to be, that he would not have agreed to it.

                  This was not a promise entered into between gentlemen; this was an employer making a concession to an employee. THAT is the difference you do not appear to understand. And there IS a difference, no matter how much you try to make an employment negotiation a point of honor.

                  But if you want to take it as such, there's not much I can do to stop you. And if you want to assume that since I do understand the difference, that means that I am not trustworthy, I can't stop you from thinking that either.

                  Have a nice day.
                  The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                  Comment


                  • #24
                    Originally posted by Alice Dodd View Post
                    He didn't lie, he changed his mind. Or forgot.
                    Now THAT sounds like something my kids would have said when they were younger.

                    Originally posted by Alice Dodd View Post
                    And unless you've seen their balance sheet, you don't know how well they're doing financially.
                    We just had a meeting and business is better than it has ever been and they have record profits. At least that is what we were told.

                    Originally posted by Alice Dodd View Post
                    I hope you don't have kids and you didn't tell them you'd never die, or anything like that.
                    Yes I do have 2 sons age 29 and 30 and they are both good to their word. I left the Santa and Bunny things to their mother. I wouldn't tell anyone that I won't die, that would be a total lie. By the way I have been married to their mother for 37 yrs............I made a vow, gave her my word. THAT'S why there are so many divorces now days. Peoples word don't mean anything anymore or they forgot or changed their mind.

                    Originally posted by Alice Dodd View Post
                    AND, as this person is only a co-owner, his word could be overridden by his brothers anyway.
                    I mentioned in an earlier post that was probably the reason he lied when asked if we had that conversation.

                    Originally posted by Alice Dodd View Post
                    Worse than that is being such a whiner about little things (majoring in minor things) that it gets around and no one wants to hire you.
                    I also said in an earlier post that my previous employer said he would have work for me. So......so much for that.

                    Originally posted by cbg
                    This was not a promise entered into between gentlemen
                    Obviously

                    OK, I am done. Thanks again to all of you for your input. I will be back in a week or so with the results.......... I promise.
                    Last edited by sparky6654; 04-09-2011, 01:31 PM.

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                    • #25
                      Sparky, get the chip off of your shoulder now. If you have it during the unemployment interview, it will be much worse.

                      A statement heard by your wife is worth the paper it is written on.

                      A boss is the boss, even when they are being bossy, and telling you things you do not want to hear.

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                      • #26
                        Back like I promised.

                        I am receiving my benefits from UI. NYS says I only have to travel 1 hour one way to work. Even though I have been working for this employer, it is considered "new work" because of the change in travel distance and cut in pay and I don't have to except it.

                        I also have a promising lead on another job plus the one with my previous employer.

                        There is also rumors from my ex co-workers that the one that wanted me to travel may be calling me back. If I am not working and they call me I will have to go back if it is local work. Whatever, I will be working soon anyway.

                        I have learned to get any agreement in writing. Having a written contract is better than ANYBODIES word now days. I have also learned that I don't have to travel an unreasonable distance to work.

                        Thanks again to all that replied and have a good day.

                        A boss is the boss, even when they are being bossy, and telling you things you do not want to hear.
                        But they don't have to remain MY boss.
                        Last edited by sparky6654; 04-14-2011, 11:25 AM.

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                        • #27
                          Don't be surprised if your employer appeals. It's still very early in that game.
                          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                          • #28
                            But they don't have to remain MY boss.
                            That is the way to go. Get mad, get smart, and get a better job.

                            You get even by being happy. (in spite of the old boss.)

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