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I was fired today for trying to find another job. My termination report reads, "Seeking other employment during clocked business time". First off, I was a commission mechanic making 25 hours a week because of no work. I went to fill out an application today on my lunch hour and on a day that I did not flag one single second. I marked the application" do not contact current employer". so any info they could have gotten would have been given illegally. What do you think?
 

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I think you have a case. Can you prove you were on your lunch break? Can you demonstrate good work performance?

It all depends on the laws of the state you live in. But it bears some looking into.
 

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The way I understand it, your lunch break is your personal time. How did your emplyer find out? It sounds like they are implying theft of company time on that report. Check out the Department of Labor website....www.dol.gov.
 

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I would for sure talk to the manager/boss about it, unless you told him to go do you know what. If your on good terms with someone in the higher up, or go as high as you can. If your on your lunchbreak, I think your allowed to do whatever you want as long as its legal.
 

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I believe MS is a "Right To Work" state. Were you in the Union?
 

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I believe MS is a "Right To Work" state. Were you in the Union?
:D :D :D You're cracking me up!! There ain't no mechanic's unions in the Deep South, or hardly anywhere else.
Marty, it's February, consistently the slowest time of the year for auto repair. If you've been in the business for very long you should know that. I don't think you have a case, especially in Mississippi.
Look at it as an opportunity to find a better job. If you stay in the repair business, any employer will understand that you were looking for work because your former job didn't have any. If you want to make decent $$ in auto repair, you'll need to open your own shop and put up with all the headaches that entails. JMO

BillL
 
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I don't think they can fire you just like that but it will take a bunch of money to prove it if you want to go after them..

The way I understand this is that they need to, over like 18 months or so, document in you personnel file, that they repremanded you three times for three GOOD offenses to make a case stick legally..

And firing offenses are!! Insuborbanation(Sp?), stealing by using your time-slip/expense account and fighting/theatening!!

UNLESS it is a privately held company and then the Boss usually wins unless they are McWayne!!! (He, He!! Do a search and see...)...

pdq67

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Depends if your state is a 'RIGHT TO WORK STATE".

Don't waste your time though. It's a sign to move ahead. I wouldn't want to work at a place that didn't want me there, do you?
 

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It's not worth a fight. It will take you down an ugly road. It can tarnish your reputation. If you just move ahead, your better off . Don't burn any bridges. Sometimes people go full circle ,and wind up working at a place they did previously. BTDT ;)
 

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The way I understand it, your lunch break is your personal time. How did your emplyer find out? It sounds like they are implying theft of company time on that report. Check out the Department of Labor website....www.dol.gov.

The website is a good place to start. You also need to check your contract, or your terms of employment, as lunch may or may not be your time to do what you want. I know during my lunch if we want to leave we have to check out, and if you use a computer during your lunch for personal reason that could be grounds for reprimand (although personal emails happen all the time, it isn't right) and all electronic communication across their network connection and internet connection are their property. My suggestion is to start with your terms of your job, talk to your manager, and check with dol.gov, that is if you still want to continue to work there. The next question is: with 25 hours a week will you be making more than your unemployment benefits untill your next placement?
 

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Was it at a dealership? Tell us which one and we'll all send them hate email. (just kidding ;) )
although, 30,000 some emails would be impressive...
 

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First off... how the heck did they find out? You shouldn't tell anyone, no matter who you trust. They can tell the wrong person too... you have to be "stealth". Anyway, sounds too late, neither her nor there.

So the cats outta the bag... if they're going to terminate you, there's probably no recourse. Especially if they can prove you did it on company time. Get searching harder and move on. Sounds like you wanted to leave anyway.
 

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I was fired today for trying to find another job. My termination report reads, "Seeking other employment during clocked business time". First off, I was a commission mechanic making 25 hours a week because of no work. I went to fill out an application today on my lunch hour and on a day that I did not flag one single second. I marked the application" do not contact current employer". so any info they could have gotten would have been given illegally. What do you think?
Well since you are asking for opinions....

File for unemployment and look for another job. If you try to flight it the best way to go would be civil right case and that could take a long time and lot of $$$ in a specialized lawyer.

Word-of-mouth goes a long way too... Bad reviews of your former employer to friends and friends of friends will cost them $$$... Better business bureau complaints every two days and so on. You get the point.

"do not contact current employer" is a tricky one. Most potential employers want work references. How you word your past employment will depend on if you want an interview with a new employer. I would repeat just what you stated - "I was a commission mechanic making 25 hours a week because of no work"
 

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I don't think they can fire you just like that but it will take a bunch of money to prove it if you want to go after them..

The way I understand this is that they need to, over like 18 months or so, document in you personnel file, that they repremanded you three times for three GOOD offenses to make a case stick legally..

And firing offenses are!! Insuborbanation(Sp?), stealing by using your time-slip/expense account and fighting/theatening!!

UNLESS it is a privately held company and then the Boss usually wins unless they are McWayne!!! (He, He!! Do a search and see...)...

pdq67

Wrong!
In most states you can be fired for no reason.
The law states "Any employee can be fired." and thats all so read it how you want I have a copy.
I think Ca and a couple others make you have some sort of reason.
Contracts always have a morals clause and you don't even want to go down that road.
People are begging for good labor now so don't sweat it if your a good mechanic you should be able to find work in say 30 minutes give or take 10.
Right now we are the busiest place around and I hear all the other stores telling me how slow things are and I just smile and go on my way because if you have a good product and good service your not going to be slow.
Heres one good idea for you my personal mechanic left the dealership to build Humvee's for the military and thats going on on 3 shifts.
 

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The only thing I can think of is to just claim unemployment till you find something else. They still have to pay for that.

I have seen employers stick it to an employee many times in the past to the point where they just couldnt afford to stay working there and were forced to quit. Which rules out any chance of unemployment. I think there should be many laws written in regards to employers taking advantange of this sort of unprofessionalism.
 

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Talk to a lawyer. Every state is different and the info you get on here is no substitute for legal advice.

As to the comment about moving on, I am a bit of a labor rights person and say not to "move" on. If they truely fired you without just cause, I say you do what you need to get justice.

It sounds as if business is off and they want to lose bodies without the employer laying any one off. They may very well fight your unemployment insurance bens. That could be the whole point about the "trumped up" discharge.

I hear all the time that it is dog eat dog and everyone for themslves. Well that may be true, but keep in mind that the ruling class ( yes, there is one in this country) will be fine in D eat D, how about the wage earner?
 

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I think any employer can fire anyone for any reason.
They may not be able to come out and SAY the REAL reason in some cases though.

I think I would just file for unemployment but they might contest the claim and you might have to say you were just exploring possibilities in case of maybe needing a new job.

Or they could give you your job back and make it so miserable you will quit on your own.
 
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