Forums - General Discussion - Whys Kwaad's angry tonight?

Yes, but their decision to defend themselves in court or settle will essentially come down to a cost-benefit analysis. The fact that they use top lawyers means that the cost side of that analysis might make them lean towards settleing.

Also, a top tier lawyer/firm has no interest in taking on a loosing case (assuming your case is a strong one), since his status as a top tier lawyer largely depends on his win percentage. Meaning the lawyers themselves may push for a settlement. If they are so good that the company does not want to jeopardize their relations with the firm, then the company may be willing to listen to their advice to settle.



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Dogs Rule said:
Yes, but their decision to defend themselves in court or settle will essentially come down to a cost-benefit analysis. The fact that they use top lawyers means that the cost side of that analysis might make them lean towards settleing.

Also, a top tier lawyer/firm has no interest in taking on a loosing case (assuming your case is a strong one), since his status as a top tier lawyer largely depends on his win percentage. Meaning the lawyers themselves may push for a settlement. If they are so good that the company does not want to jeopardize their relations with the firm, then the company may be willing to listen to their advice to settle.

Quite possibly, but as I said, I have enough that I should be able to get the job now, but BLAH, it pisses me off it happend at the end of the buisness day.

"Hi, It's 4:59, and I'm going home in 1 minute. Your previous employer said.. "YOU SUCK, YOU WILL NEVER WORK AGIAN!!!" And we can not employ you. Have a nice day, and I am going home!"

As once company is CST, and the other is MST. So hopefully I will get things settled out tomorrow... if not I will be VERY upset, as I was getting a MAJOR perk, if I started tomorrow...

 and in regards to settling.

They have 3 pending class action law-suits, 1 of which was re-opended, because they did not meet court demands. (they didnt even try) 



PSN ID: Kwaad


I fly this flag in victory!

As I recalled, you left VGChartz oh so long ago to pursue a career in trucking. You were going to save up a buttload of money so you one day be an owner operator. You also wanted to get a PS3 and a TV in your sleeper so the PS-Triple can keep you warm at night.

So are you at home now? How is your wife doing? I hope everything is ok.



That Guy said:
As I recalled, you left VGChartz oh so long ago to pursue a career in trucking. You were going to save up a buttload of money so you one day be an owner operator. You also wanted to get a PS3 and a TV in your sleeper so the PS-Triple can keep you warm at night.

So are you at home now? How is your wife doing? I hope everything is ok.


As of right now I am 200 miles from home trying to get a new job. I left the company I was at because they were paying me about *HALF* of what they should have been, not to mention quite a few other problems they were causing me. I quit, and expected to find a job sooner. Now, they are telling the people (whom I am at) I was terminated over a saftey problem, so I need to get that problem solved on out, or else I will probibally not get this job. (the perk is, I will probially get a new truck if I am 'accepted' tomorrow. If I am not, I will probibally get a 4 year old truck, after all the paperwork settles)

EDIT: wife is fine, and everything is ok... I think. 



PSN ID: Kwaad


I fly this flag in victory!

The company you left is obviously playing foul ball. If they are accusing you of being unsafe you have a right to demand documentation proving their case. Also, since saftey issues are regulated by the state's DOT and Federal Laws, if you were infringent the company needs to produce documentation showing that you were made aware of this and properly warned, verbally or in writing. I would check your employee's manual too to make sure they followed their own stated Standard or Operations, because any deviation gives you an upper hand legally. And finally, if they have safe driver hotlines and they claim the safety issue arose from some driver calling in, you need to make sure they show you a recording or documentation of such a call

The whole point being, if they make a claim against you they need to prove it, if they cant prove it, contact the HR department of your new employeer and show them the shenanigans that your old company is playing. Also, if a legal case was to arise you can poke so many holes in their case that settlement would be their only option.

I'm sorry you have to go thru all that Bull.



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Let me guess, you signed a non-compete contract. -_-



can't you sue them, as long as you have your old friends telling the courts that you quit and were a safe worker. id say talk to a lawyer, they cant treat you like that.



 

senseinobaka said:
The company you left is obviously playing foul ball. If they are accusing you of being unsafe you have a right to demand documentation proving their case. Also, since saftey issues are regulated by the state's DOT and Federal Laws, if you were infringent the company needs to produce documentation showing that you were made aware of this and properly warned, verbally or in writing. I would check your employee's manual too to make sure they followed their own stated Standard or Operations, because any deviation gives you an upper hand legally. And finally, if they have safe driver hotlines and they claim the safety issue arose from some driver calling in, you need to make sure they show you a recording or documentation of such a call

The whole point being, if they make a claim against you they need to prove it, if they cant prove it, contact the HR department of your new employeer and show them the shenanigans that your old company is playing. Also, if a legal case was to arise you can poke so many holes in their case that settlement would be their only option.

I'm sorry you have to go thru all that Bull.

 Actually, I found out yesterday, that it was a honest mistake by my 'boss' they use a 2 'didget' termination status. They are not given a 'list' of what they mean, and they are easily confused. (designed to be that way). So my 'boss' put in the wrong one on accident, and because of it, gets wrote up, tons of paperwork, and possibly terminated.

So really, I feel kinda bad for him, because the corporatae is designed to screw him, just as much as me, I have gotten the problem solved, and I will most likely be employed next week. So it was a honest mistake, but it is 'fowl play' becuase the 'system' is designed for the 'boss' person to screw up, and get terminated. (great company, huh)

Yes, I could sue them, but it would be for such a small amount it wount be wise to sue.

No, I had a complete contract, just a bad-news company. 



PSN ID: Kwaad


I fly this flag in victory!

Good for you, bad for that boss.

I guess you can donate to the Cystic Fybrosis Foundation thread now. :)



Dogs Rule said:
Good for you, bad for that boss.

I guess you can donate to the Cystic Fybrosis Foundation thread now. :)

 Not quite, because of the paperwork hell/delay, it has cost me almost 300$ :(

so I will have a job soon... but, problem is, I will be 300$ behind where I *would* have been, and I was already piss-broke. :

(60$ a day for saturday, sunday)

And then about 100$ a day for each day after that... I will probibally loose 3-4 of those 100$ days too. :( 



PSN ID: Kwaad


I fly this flag in victory!