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OT: Age. Lets play a quick game...

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  • #46
    Ageism litigation? Think long and hard before you go down that route, most of the barmy litigation issues over here have eventually drifted over from your side of the pond. At the end of the day, companies have got more money to throw away defending "Righteous" issues with corporate bulls47tters far cleverer than Joe public, don't make it right but it's cheaper and less stressfull for YOU.
    I would not be surprised if LZ could find a solicitor to take the case on contingency. The stakes are potentially much higher in the US than in Canada or the UK (I presume). There are no limits on punitive damage awards in the US nor on compensation for psychological pain and suffering. Even this thread would constitute evidence in that respect. It's the sort of issue that would have a jury falling all over themselves to see that "justice is done" by picking the pockets of the "fat cats". This is especially so because LZ's actual age is so far beyond the legal limit. It sounds like a good half dozen defendants could be named, at least.
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    • #47
      I am not suing anyone. I sued an employer over back-wages recently and I can assure you it is the port of last resort. The idea that the court system exists as some kind of jackpot drawing bugs the hell out of me.

      True story: I was walking my bike home over the summer, I ended up with a flat and I didn't have a spare tube on me. Got winged by a car driven by an older fellow, knocked me to the ground, got a bit banged up. He and his wife were scared witless that I was going to sue them. Now why the heck would I do that? I wasn't seriously injured, and if I had been that's what insurance is for! *shakes head*

      Maybe I'm just not with it anymore, whatever it is. I use to be with it, in fact I was downright jiggy with it. But then they changed what it is and now it's all different and strange. Damn kids.

      The situation worked out to my benefit this time with the agent and the employer. The owner of the company and the agent at the service talked and I can continue to work there. The owner doesn't have any quarrel with my work and he is uncertain why I would have been let go in the middle of busy-season without someone consulting him first.

      Around here all that is left is temp-work, it is exceedingly rare to find a permanent gig. Even companies that hire without an agency are just looking to get a few people in to help with with the backlog, not to retain them long term.

      As for my CV/Resume it's shot all to hell because of this most companies around here are "in" on the temp thing so if you show them a string of one-month gigs they ask "which service?"

      I asked before, is this limited to the Upstate region of New York or is this nationwide? I have a very hard time imagining that the entire nation has gone this route.
      This product has been determined by the state of California to cause permanent irreversible death. This statement may or may not be recognized as valid by all states.
      Heirs of an old war/that's what we've become Inheriting troubles I'm mentally numb
      Plastic Operators Dot Com

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      • #48
        The big thing here is to make everyone possible a contractor instead of an employee. That puts them outside of the entire system of benefits and labor law in general. Xerox tried to do that to me and that was the beginning of the end. They used strong arm tactics such as "If you don't accept this you will be at the mercy of human resources" (I have it on tape). I went to the Labour relations branch and had a little talk and they were more than willing to turn the Xerox offices upside down looking for evidence of improper conduct. I let Xerox know that and nothing came of thier "threats". I decided then that I wouldn't be working for them much longer.
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        • #49
          Ouch! I just broke a fingernail typing. Wonder if some clever lawyer can take GB and HSM to court to make a claim for me? Pain and suffering ? Lots of claims have been won over here on no-brainers, falling over matchsticks, walking on a crack in the floor, is there an R in the month?

          Bottom line is do you really want to work for a company that would give "He looks too young" as an excuse? If that is the real reason or one that they have used as an escape route.Yep find a lawyer, go for broke, win enough money to set yourself up in your own bussiness, cos once you win you achive "Notoriety" for the little guy.

          Regards Ian.
          You might not like what I say,but that doesn't mean I'm wrong.

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          • #50
            Originally posted by Circlip
            Bottom line is do you really want to work for a company that would give "He looks too young" as an excuse? If that is the real reason or one that they have used as an escape route.Yep find a lawyer, go for broke, win enough money to set yourself up in your own bussiness, cos once you win you achive "Notoriety" for the little guy.

            Regards Ian.
            Around here you play the legal system and word gets circulated quickly and you will find yourself blacklisted. Oh it's not an "official" blacklist like in the old days but information gets circulated quickly between companies if a worker is a whistle-blower or a thief or any other sort of troublemaker.

            Like I said, it's not "official" companies won't come out and say "Bob at Linish-It told me not to hire you because you are a thief" that's slander/libel... no they'll just turn you away "not hiring sorry."

            Watched a good friend go through this years ago, he blew the whistle at a large plastic-packaging/printing company in regards to solvent exposure, he suddenly found himself unable to find work in printing anywhere in New York. Eventually it was traced back to the company he blew the whistle at and he ended up dragging through the courts again.

            So yeah. I want to avoid that, legal action is the absolute last resort.
            This product has been determined by the state of California to cause permanent irreversible death. This statement may or may not be recognized as valid by all states.
            Heirs of an old war/that's what we've become Inheriting troubles I'm mentally numb
            Plastic Operators Dot Com

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            • #51
              Re: Lawyers

              The depressing thing, at least to me, is that the lawyers get the larger share of any damages that are awarded. That is why the awards have to be so big so that the client can actually get enough to pay his medical expenses. As for pain and suffering, I have little sympathy. I have always had to take my lumps and go on about my business best I can. Don't get me wrong, I am not against suing someone who really needs it, just that most suits get so much fluf and BS added so that lawyers can get richer. Just proves our system is broken.

              Companies, on the other hand, have come up with all kinds of schemes to avoid paying benefits and sharing any responsability for the workers well being. Even with state jobs there is the OPS employee, who gets no benefits, does the same work as line item employees, and has no job security. They are only supposed to be temporary, 6 months tops, but clever departments have a way of shifting their funding from one source to another (grants) and extending their service to a whole career. One OPS secretary that worked in my department is still working there after 30 years. The only benefit that seems to keep them working there is that there is no cap on their salary.
              Jim (KB4IVH)

              Only fools abuse their tools.

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              • #52
                Maybe they're gauging your competence by the quality of your eyeglasses installation.

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                • #53
                  Precisely LZ, but if the owner didn't know why you should have been "Let go" at a busy time it makes you wonder which bitch has a knife out for you? Just make sure that everything you do is documented. Been there, seen it, done it and come out smelling of roses, AND maintained my integrity.

                  Regards Ian.
                  You might not like what I say,but that doesn't mean I'm wrong.

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