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Slander against me and my unemployment

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iamnotaparakeet
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20 Apr 2011, 4:08 pm

Inuyasha wrote:
iamnotaparakeet wrote:
skafather84 wrote:
iamnotaparakeet wrote:
Four years ago today I was asked to speak with managers at Wal-Mart, one of the two employers I worked for at the time. I thought that the meeting was about the complaint I reported about some of my coworkers bullying me and causing extra work for me specifically, and as such when they asked "do you know why you're here" I told them as much. However, they started asking leading questions about guns and explosives and such of that sort. They had been given false reports about me and since these management material type were just policy mongers and nothing more, they fired me for a "violent act". People, who I assumed at the time were the coworkers who had been bullying me, had slandered me and I got punished for their words. This is just plain not right. Slander is wrong, whether it is against an individual or an entire nation.


How long ago was it? Have you been looking at your legal avenues? It sounds like you probably have a good case.


It was four years ago. I've not contacted a lawyer because I've never had enough money to commit to the legal battles necessary yet. Hopefully the economy may improve in a few more years and I will hopefully find an employer which both will and can hire me then, and then I may be able to save up the money necessary to take Wal-Mart to court.


You don't have to have the money to sue, because there are organizations that will take your case for free especially since ACLU if I remember correct has an ax to grind when it comes to Wal Mart.


I'll consider that an option, however I would want to know exactly what the ACLU's agenda is prior to letting them use me against Wal-Mart in general. Although I have been angry at what has happened to me over the past few years, if I let myself be used by them for whatever their goal is then not only may it go badly for me, since every background check in existence checks to see if a person has ever had court dates, but then also the case may be used to make new and more undesirable laws than are already in existence.



Inuyasha
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20 Apr 2011, 4:09 pm

DW_a_mom wrote:
Inuyasha wrote:
You don't have to have the money to sue, because there are organizations that will take your case for free especially since ACLU if I remember correct has an ax to grind when it comes to Wal Mart.


It certainly wouldn't hurt for him to ask. I agree they are worth at least approaching, but I don't know that they have any particular axes to grind (nor do I know they don't, just saying).


If it is able to be proven it is a classic discrimination case and not something Walmart would want public.



DW_a_mom
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20 Apr 2011, 4:10 pm

iamnotaparakeet wrote:
...however I would want to know exactly what the ACLU's agenda is prior to letting them use me against Wal-Mart in general.


A worthy point as well.

I think asking to be able to approve all legal arguments made on your behalf would help with that.

But it's all kind of leaping ahead of the schedule at this point. You don't know yet that they have any interest. I'd ask first, then cover bases.


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skafather84
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20 Apr 2011, 4:12 pm

iamnotaparakeet wrote:
Inuyasha wrote:
iamnotaparakeet wrote:
skafather84 wrote:
iamnotaparakeet wrote:
Four years ago today I was asked to speak with managers at Wal-Mart, one of the two employers I worked for at the time. I thought that the meeting was about the complaint I reported about some of my coworkers bullying me and causing extra work for me specifically, and as such when they asked "do you know why you're here" I told them as much. However, they started asking leading questions about guns and explosives and such of that sort. They had been given false reports about me and since these management material type were just policy mongers and nothing more, they fired me for a "violent act". People, who I assumed at the time were the coworkers who had been bullying me, had slandered me and I got punished for their words. This is just plain not right. Slander is wrong, whether it is against an individual or an entire nation.


How long ago was it? Have you been looking at your legal avenues? It sounds like you probably have a good case.


It was four years ago. I've not contacted a lawyer because I've never had enough money to commit to the legal battles necessary yet. Hopefully the economy may improve in a few more years and I will hopefully find an employer which both will and can hire me then, and then I may be able to save up the money necessary to take Wal-Mart to court.


You don't have to have the money to sue, because there are organizations that will take your case for free especially since ACLU if I remember correct has an ax to grind when it comes to Wal Mart.


I'll consider that an option, however I would want to know exactly what the ACLU's agenda is prior to letting them use me against Wal-Mart in general. Although I have been angry at what has happened to me over the past few years, if I let myself be used by them for whatever their goal is then not only may it go badly for me, since every background check in existence checks to see if a person has ever had court dates, but then also the case may be used to make new and more undesirable laws than are already in existence.


And like I said, you don't need to necessarily go to the ACLU. You should be able to get a free legal consultation and most lawyers will simply put their fees into what you're suing your previous employer for. The ACLU would probably be good just in that they'll probably be more considerate to your having AS.

First thing is first: you need to find out if the statutes have expired on your legal recourse.


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DW_a_mom
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20 Apr 2011, 4:14 pm

skafather84 wrote:
First thing is first: you need to find out if the statutes have expired on your legal recourse.


Agreed.


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20 Apr 2011, 4:21 pm

http://www.aclu.org/human-rights/disabi ... fing-paper

^ ACLU's "agenda" in taking up disability rights cases.


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20 Apr 2011, 4:25 pm

http://www.aclu.org/organization-news-a ... d-resident

http://www.aclu.org/search/ASPERGER%27S?show_aff=1


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Inuyasha
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20 Apr 2011, 4:53 pm

Master_Pedant wrote:
http://www.aclu.org/human-rights/disability-rights-aclu-positionbriefing-paper

^ ACLU's "agenda" in taking up disability rights cases.


They have a seperate agenda concerning Walmart as do the Unions.



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20 Apr 2011, 5:22 pm

Inuyasha wrote:
Master_Pedant wrote:
http://www.aclu.org/human-rights/disability-rights-aclu-positionbriefing-paper

^ ACLU's "agenda" in taking up disability rights cases.


They have a seperate agenda concerning Walmart as do the Unions.


If you mean opposing it's Oligopsony power in the labour market than all the power to them. The ACLU has, however, defended Corporate Personhood in the past.


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iamnotaparakeet
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20 Apr 2011, 5:51 pm

DW_a_mom wrote:
Inuyasha wrote:
You don't have to have the money to sue, because there are organizations that will take your case for free especially since ACLU if I remember correct has an ax to grind when it comes to Wal Mart.


It certainly wouldn't hurt for him to ask. I agree they are worth at least approaching, but I don't know that they have any particular axes to grind (nor do I know they don't, just saying). Southern Poverty Law Center is another that might be looking at bullying cases, athough I think they are focused on much broader discrimination patterns than your case seems to show. Still, can't hurt to ask.


I live in the north, but is the Southern Poverty Law Center specific to the southern states as its name would seem to imply?



cdfox7
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20 Apr 2011, 5:51 pm

Master_Pedant wrote:
Inuyasha wrote:
Master_Pedant wrote:
http://www.aclu.org/human-rights/disability-rights-aclu-positionbriefing-paper

^ ACLU's "agenda" in taking up disability rights cases.


They have a seperate agenda concerning Walmart as do the Unions.


If you mean opposing it's Oligopsony power in the labour market than all the power to them. The ACLU has, however, defended Corporate Personhood in the past.


With Walmart's poor track record of labour relations, there anti trade union polities speak volumes about how they think of the employees as expendable wage slaves.



visagrunt
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20 Apr 2011, 5:57 pm

Inuyasha wrote:
Being union or nonunion has nothing to do with this, the fact he was fired under false pretenses is the situation. Now he may not win a case against the business itself, because the employer was arguably acting on good conscious and potentially customer safety, not out of discrimination. That said, it would be grounds for the firing of the employees that set him up, him getting a job offer to come back, and he would have grounds for suing the individuals that set him up.


Ah, but in a unionized work environment employees have access to a grievance procedure under their collective agreement. In these circumstances, the employer's rationale for dismissal would have been heard and the union would have undertaken the responsibility for arguing his case.

Those who claim there is no place for unions in todays workplaces lose sight of the fact that employers get away with this kind of abuse every day, and employees who are affected generally let them get away with it because they feel that they are too poor to fight.


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20 Apr 2011, 5:58 pm

I have had similar employment difficulties myself.

I know how infuriating it can be. In the past, I really did feel like killing my supervisor. I didn't, though, but I can see how this sort of rage develops, and I can understand people blowing up and committing mass murder.

My opinion, based on my past experiences: you won't gain anything by suing Walmart. Get over it (I know, much easier said than done) and try to find a job somewhere else.

In principle, the ADA does cover Asperger's Syndrome. Further, you don't even have to have a disability per se--just being regarded or treated by your employer as having a disability is enough.

However, these kinds of cases are very tough to win.

You can try asking questions at Lawyers.Com. Usually a lawyer responds. It would be best to read through some of the threads in the EEO section first, though.



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20 Apr 2011, 6:11 pm

pandabear wrote:
I have had similar employment difficulties myself.

I know how infuriating it can be. In the past, I really did feel like killing my supervisor. I didn't, though, but I can see how this sort of rage develops, and I can understand people blowing up and committing mass murder.

My opinion, based on my past experiences: you won't gain anything by suing Walmart. Get over it (I know, much easier said than done) and try to find a job somewhere else.

In principle, the ADA does cover Asperger's Syndrome. Further, you don't even have to have a disability per se--just being regarded or treated by your employer as having a disability is enough.

However, these kinds of cases are very tough to win.

You can try asking questions at Lawyers.Com. Usually a lawyer responds. It would be best to read through some of the threads in the EEO section first, though.


From what I understand, Iamnotaparakeet posted on the Jobs forum that he found a new job some months ago.

The notion that illegal and discriminatory labour practices should go unchallenged is disgusting to my conscience.


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iamnotaparakeet
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20 Apr 2011, 6:15 pm

Master_Pedant wrote:
pandabear wrote:
I have had similar employment difficulties myself.

I know how infuriating it can be. In the past, I really did feel like killing my supervisor. I didn't, though, but I can see how this sort of rage develops, and I can understand people blowing up and committing mass murder.

My opinion, based on my past experiences: you won't gain anything by suing Walmart. Get over it (I know, much easier said than done) and try to find a job somewhere else.

In principle, the ADA does cover Asperger's Syndrome. Further, you don't even have to have a disability per se--just being regarded or treated by your employer as having a disability is enough.

However, these kinds of cases are very tough to win.

You can try asking questions at Lawyers.Com. Usually a lawyer responds. It would be best to read through some of the threads in the EEO section first, though.


From what I understand, Iamnotaparakeet posted on the Jobs forum that he found a new job some months ago.

The notion that illegal and discriminatory labour practices should go unchallenged is disgusting to my conscience.


To be technical, the job I had found was through a temporary staffing agency and the last time that they found work for me was in January. I'm still "hired" there, but I only get paid for days that they send me out.



iamnotaparakeet
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20 Apr 2011, 7:44 pm

iamnotaparakeet wrote:
Master_Pedant wrote:
pandabear wrote:
I have had similar employment difficulties myself.

I know how infuriating it can be. In the past, I really did feel like killing my supervisor. I didn't, though, but I can see how this sort of rage develops, and I can understand people blowing up and committing mass murder.

My opinion, based on my past experiences: you won't gain anything by suing Walmart. Get over it (I know, much easier said than done) and try to find a job somewhere else.

In principle, the ADA does cover Asperger's Syndrome. Further, you don't even have to have a disability per se--just being regarded or treated by your employer as having a disability is enough.

However, these kinds of cases are very tough to win.

You can try asking questions at Lawyers.Com. Usually a lawyer responds. It would be best to read through some of the threads in the EEO section first, though.


From what I understand, Iamnotaparakeet posted on the Jobs forum that he found a new job some months ago.

The notion that illegal and discriminatory labour practices should go unchallenged is disgusting to my conscience.


To be technical, the job I had found was through a temporary staffing agency and the last time that they found work for me was in January. I'm still "hired" there, but I only get paid for days that they send me out.


Actually, the most recent thing I got paid for was an interview type marketing survey at a research group office earlier this month, but that was only one day and only $40 (yay! my opinions have been valued! :P ) from which I have derived my signature.