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Job lay off..

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dej(jed)

04-18-2008 12:07:10




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Today at age 58 I got lay off from my job. The guy I work for was dumping heavily metal ladden sludge on his farm. I told him I didn"t think it was right and today I got a voice mail telling me I was laid off. Can you believe it? I have never been laid off in 33 years of working. I don"t know whether to cry or turn the SOB in to the DEP?




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dittmerku

04-19-2008 04:29:27




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 Re: Job lay off.. in reply to dej(jed), 04-18-2008 12:07:10  
Turn him in for sure. As for the legal cause of action, your options may be limited. In Illinois, employees are at will, unless otherwise specifically stated in a contract. this means that you can quit at any time for any reason; conversely, an employer can fire you for any reason, (Henry Ford would visit his employees houses and see how they lived to determine if they should keep their jobs)except those specifically prohibited by law, such as race, gender, etc. You are eligible for unemployment benefits, anyway.

It's interesting how many of us immediately said call a lawyer and sue him. While you're there, did he pay overtime as required by law?

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NE IA

04-18-2008 21:20:38




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 Re: Job lay off.. in reply to dej(jed), 04-18-2008 12:07:10  
Call in and say you are 16 and named Sarah.


Sorry to hear of your troubles, but many times we can look back and see why it was a good thing.
By al means turn the guy in as right is right and this is what our country is lacking.



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Goose

04-18-2008 19:20:50




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 Re: Job lay off.. in reply to dej(jed), 04-18-2008 12:07:10  
If you want to see the only person who says you can't get a good job at age 58, look in a mirror.

I got my best job ever at age 60. The only reason you get old is if you see yourself as old. Right now, at 73, I don't look at myself differently, or feel differently, than I did at 40. He11, I'm still going to college part time.



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flying belgian

04-18-2008 18:50:33




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 Re: Job lay off.. in reply to dej(jed), 04-18-2008 12:07:10  
Couple things come to mind. Is your boss the generator of the sludge? If not then you should report the generator. That being said you will not get your job back however I know it seems real bad right now but believe me it will get better. In the end you might get a job you like much better and look at this as a blessing in disguise. I no when I got layed off my only time in my life I thought the whole world had ended. I had payments to make, groceries to buy, young family to provide for, what will I do. But because of my background and experiance and drive to not be beat I got another job right away that I liked better anyway. I got so involved with new job and loved that line of work so much that I ended up starting a similar buisiness in another town and went on to be quite sucessful. As I look back now, getting layed off was best thing tnat ever happened to me. oh and by the way if your a good solid worker you will get hired. Age has no bearing for employer looking for good help. Put on a pot of coffee, grab the paper and get started looking forward not back. It happens to everyone and life goes on. Good luck, The Flying Belgian.

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thurlow

04-18-2008 17:28:29




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 Re: Job lay off.. in reply to dej(jed), 04-18-2008 12:07:10  
Only you "know" whether or not you need to turn him in; as far as the other issues that have been raised..... ....age discrimination, drawing unemployment, un-lawful termination, seeking a lawyer; again, only you know whether or not you're covered. If it's a farm job and there're only a few employees, probably none of the above apply.



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El Toro

04-18-2008 16:23:09




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 Re: Job lay off.. in reply to dej(jed), 04-18-2008 12:07:10  
Turn his butt in and talk to a good lawyer. Keep the voice mail. Hal



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Edpap

04-18-2008 15:57:54




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 Re: Job lay off.. in reply to dej(jed), 04-18-2008 12:07:10  
If you liked working there then I would go talk to your old boss and ask him why you are being laid off. He owes you that much! If this stuff he is spreading is bad sludge then the DEC should know about it from the source. turn them in and keep your job. or save your boss some trouble
Good luck



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Mike (WA)

04-18-2008 15:43:56




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 Re: Job lay off.. in reply to dej(jed), 04-18-2008 12:07:10  
The bad news: At age 58, you will have a very difficult time getting another, comparable job. It is illegal to discriminate because of age, but that being said, everyone does it.

The good news: You don't need no stinkin' job! You have what is known as a "whistle blower's complaint". Your former employer has taken dead aim at his foot, and, I'm happy to report, has touched off a "kill shot". Proving even morons can be bosses.

Many, many attorneys will be happy to take your case, on a contingency, and you should be able to set yourself up for a happy and lucrative retirement. Good on ya'!

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TxFarmallFan

04-18-2008 15:15:47




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 Re: Job lay off.. in reply to dej(jed), 04-18-2008 12:07:10  
Turn to SOB in! The EPA will love to get a hold of his a$$!



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Kestrel in CT

04-18-2008 15:04:19




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 Re: Job lay off.. in reply to dej(jed), 04-18-2008 12:07:10  
I worked for 25 years in NYS DEC's enforcement division (your DEP). We routinely told reluctant informants they do NOT have to give their name. Confidential informants can be the best sources.

As long as the information is accurate, we would begin an investigation without it. Criminal actions are often commenced on the officer's/inspector's personal observation anyway.

Call them up and at least have a conversation with them. Tell them yo prefer to keep it confidential.

Good luck and stay focused..... ..

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Spook

04-18-2008 14:36:55




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 Re: Job lay off.. in reply to dej(jed), 04-18-2008 12:07:10  
Ya gotta look out for yourself. I would do the following:
1) Turn the guy in. Be specific, as many details as possible.

2) File for unemployement. It's paid for out of payroll taxes, so it is really part of your compensation.

3) Talk to a lawyer. Usually you can talk to a lawyer for no charge, to see if you have a case. Think whistle blower or age discrinmation.

Good luck. A lot of us are seeing this happen.

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DickL

04-18-2008 16:14:24




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 Unrelated Information in reply to Spook, 04-18-2008 14:36:55  
Unemployment is a required insurance and is paid by the employer and not paid by the employee. The cost of the premium is based in part on your payroll but mostly layoff history. If you have some layoffs in one year the next your premium goes up. Some states this is thru an insurance company and others like Ohio is State run.

I still agree that this should be investigated and if the employer is found to be in violation you should be compensated well.

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Spook

04-18-2008 18:13:09




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 Re: Unrelated Information in reply to DickL, 04-18-2008 16:14:24  
I know it is required insurance, but he has a right to claim it. Maybe stating that is part of his compensation was not a accurate way of describing it. My thinking was that it is part of the cost of employing somebody. I really hope the makes out ok, getting a job at 58 won't be easy. I am leaving my employer soon, at age 53, but I am taking a retirement package. I do hope to work in the future, but I am going to change carreers. No more factory work. I will let Juan, Pepe, and Hop Sing duke it out.

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Spook

04-18-2008 18:13:09




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 Re: Unrelated Information in reply to DickL, 04-18-2008 16:14:24  
I know it is required insurance, but he has a right to claim it. Maybe stating that is part of his compensation was not a accurate way of describing it. My thinking was that it is part of the cost of employing somebody. I really hope the makes out ok, getting a job at 58 won't be easy. I am leaving my employer soon, at age 53, but I am taking a retirement package. I do hope to work in the future, but I am going to change carreers. No more factory work. I will let Juan, Pepe, and Hop Sing duke it out.

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Dave from MN

04-18-2008 14:13:32




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 Re: Job lay off.. in reply to dej(jed), 04-18-2008 12:07:10  
I've always said, if it isnt right, it isnt right no matter who you are. If he shouldnt be doing it. Report it. Doesnt matter if ya hate him or love him.



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higgins

04-18-2008 14:10:09




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 Re: Job lay off.. in reply to dej(jed), 04-18-2008 12:07:10  
We don't let our kids slide by infractions....shouldn't let adults either.
That's how humans, dogs, cattle etc. learn to do right.
And if you had a retirement account with them; transfer it to your bank or something. They'll say it's theirs but it was part of your reimbursement. They at least need a bad taste in their mouth.



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Gene D

04-18-2008 13:34:58




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 Re: Job lay off.. in reply to dej(jed), 04-18-2008 12:07:10  
God tests us all from time to time, but I believe that things will work out for the best.

I think that I might consider turning the guy in.

it soulnds like what he is doing would have a long term effect on the land. THAT IS WRONG.

Good Luck



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Nancy Howell

04-18-2008 13:28:18




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 Re: Job lay off.. in reply to dej(jed), 04-18-2008 12:07:10  
This dumping could contaminate the neighboring farms. They could suffer for his actions. Report him immediately.



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dr sportster

04-18-2008 13:25:19




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 Re: Job lay off.. in reply to dej(jed), 04-18-2008 12:07:10  
Hey Im no labor lawyer but you must ask why you are layed off.Anything other than things got slow or lack of work opens up questions.If he is stupid enough to say "you have a big mouth etc" then you have grounds for action and even back pay.It is also unlawful in my state to lay off older workers and keep only younger.Layed off is also eligible to collect unemployment insurance.If its being called a firing or dismissal,again ;what reason.

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135 Fan

04-18-2008 15:30:05




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 Re: Job lay off.. in reply to dr sportster, 04-18-2008 13:25:19  
If they claim a shortage of work, they have to prove it. Was anyone else laid off? Have you been there longer than other employees? I'm involved in an employment dispute right now. Take all the facts to a lawyer for a review. A carefully worded letter sent by courier from a law firm, might smarten your boss up. Don't let them intimidate you if you know the facts. Dave



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Paul in WI

04-18-2008 13:18:47




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 Re: Job lay off.. in reply to dej(jed), 04-18-2008 12:07:10  
I agree with KLS.
Plus with a 33 year work history, you will not be looking for very long!!

I have been in your position more than once. It will all pass



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02

04-18-2008 12:09:34




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 Re: Job lay off.. in reply to dej(jed), 04-18-2008 12:07:10  
You must!



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KLS

04-18-2008 12:18:38




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 Re: Job lay off.. in reply to 02, 04-18-2008 12:09:34  
I agree, the right thing to do is turn him in. How would you feel if he keeps doing it and it ends up contaminating someone's well? I would think that stuff could cause some serious health issues. Don't do it because you are upset with him, do it because it is the right thing to do.



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steveormary

04-18-2008 14:08:58




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 Re: Job lay off.. in reply to KLS, 04-18-2008 12:18:38  
It would seem to me that using voice mail to notify one of a lay off is a chicken way of doing things.

There has been only one job that I was laid off from that where I took the layoff pretty hard. The other jobs I didnt really care as I was look-ing anyway.

My policy was to take the first job that came along even if it was temporary and keep looking.
Besides that,I came to the conclusion that I was getting too old,too slow and too smart to work for someone else. I am now retired and cant work anyway because of a bad back.

OH YA TURN THE GUY IN. He doesnt have any business poluting the land.

Good Luck
steveormary

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chuck naill

04-18-2008 16:50:25




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 Re: Job lay off.. in reply to steveormary, 04-18-2008 14:08:58  
You only have six months from this date to file a wrongful termination charge with your states EEOC department. These guys are attorneys and can help you with little or no cost from you if I have my info correct.



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ldj

04-18-2008 17:12:05




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 Re: Job lay off.. in reply to chuck naill, 04-18-2008 16:50:25  
Were you doing the dumping for him as part of your job? If you had not been laid off, would you still be there? Ie. would not quit him because of what he is doing or making you do? Think about it



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Joe Breshears

04-18-2008 17:39:42




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 Re: Job lay off.. in reply to ldj, 04-18-2008 17:12:05  
Just to play the Devil's advocate, haven't most farmers and other people for decades been disposing of their used oil and related stuff on their roads, personal dump sites, etc.? Is everybody really packaging up that stuff and paying an outrageous fortune for someone else to dump it? If this man has a commercial venture or is dumping large quantities it's obviously wrong, but what's happened to a man's right to his own land. The cost of disposing used oils by EPA standards often catches people in an impossible position--the money to do that just might not be there. Also, some jobs are simply, "You do some work for me and I give you some money", and in their place those jobs are perfectly legitimate, and when they're over, the two parties go their seperate ways. Anyway, if the guy is a real Darth Vader SOB, then give him what he's got coming, but if his sins aren't really that bad, then siccing the gov't dog on him might not be called for.

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Spook

04-18-2008 18:18:02




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 Re: Job lay off.. in reply to Joe Breshears, 04-18-2008 17:39:42  
If a guy stiffed me after 33 years, I really wouldn't care if he was a "family operation" or not. After all, I have a family, too. Btw, on my little 10 acres, I dispose of waste properly. You can take used oil in, or some people burn it for heat. If you are doing commercial work and not including waste disposal in your bidding, you are part of the problem. My 2c.



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