Sorry to hear this man. My wife was laid off two months ago because of down sizing.
Sorry to hear this man. My wife was laid off two months ago because of down sizing.
When I die I want to be called a friend or family member by everyone I came into contact with!!!
http://webapps.dol.gov/dolfaq/go-dol-faq.asp?faqid=328
http://www.doleta.gov/layoff/pdf/WorkerWARN2003.pdf
This will be a long answer, sorry. Basically this is a set of links that apply to the termination of employment. The federal law is pretty detailed and has some FAQ's at the end. In lawyer terms the Federal law applies in most cases the Sate law not withstanding. What that means is that If the Federal law and State Law cover the same thing that the Federal law has power over the State law. This is always true. How will the Judge decide if the case goes to court? Thats another matter altogether. That mainly depends on case law. What has been decided in past cases and how the bar has instructed the members to interpret the law. (ie. The legal marijuna law in Colorado). (Continued on next post)
Now How would I know anything about this? Back in 2006 I was hurt at work. I spent a week in the Hospital because I had a skull fracture on the back of my head and one on the front of my skull. The skull fracture on the back was on the left rear side. The one on the front was on the right front side. The one on the rear was from blunt force trama. The one on the front was a quarter inch wide and a few inches long. Both of them caused internal bleeding which was compressing my brain and causeing it to shut down because it was being squished (compressed). No one saw anything, includeing the guy I was working with. The investigation was never completed by the company I work for. I was told it wasnt covered by workers comp. They didnt give a reason why it wasnt covered. They just said it wasnt covered. I was performing my job when this happened. I am an electrician. I was given first aid by the EMT and two nurses here at work and rushed to the hospital. I was bleeding from both ears and not very responsive. I thought the year was 1985. When I got to the hospital I was rushed into surgery because I had went into a coma. I was dieing. The nuerosergon did a Craniotomy on me. http://en.wikipedia.org/wiki/Craniotomy
After the surgery I dont know what happened because I lost about 4 days of my memory includeing the day, all of it, that I got hurt. I tried to get a lawyer to help me out and get my accident changed to being a work related accident. After talking to about 13 lawyers, none of them wanted to take the case, I decided to take the case and try and do it myself. I called the State labor depertment and they basically helped me get the case started. I found out the company didnt report the accident to them or to OSHA. Reporting the accident is a requirement in both instances.
I went before the adminstrative Law Judge and fought the case against the corporate Lawyer for about a year before the case was decided in my favor. During that time I had to learn a lot about how the law works in my state. I also had a few permanant problems that I had to work around. (ie permanant brain injury)
So I know a little bit about how the law works and how to make it work for me. I had to learn that. The part of my brain that no longer works is the part that makes me get mad and some of my memory. So far thats all I have found thats missing. My wife says Im not the same person any more. Im more polite and basically better all around.
I didnt mean to Hijack this thread I just felt that I needed to explain how I know about the law and why I often dont make any sense. Thanks for putting up with me, You guys are great!
Fantastic read brother! Thank you for the information. I am very sorry to hear about your injury but i'm glad you got it taken care of.
The main thing is that I dont want you to feel sorry for me. I had a hard road to travel and I did it with the support of my family. I learned a lot in the process and I want to share all I can so no one has to do the same thing I did! I did the Law thing alone, all alone. I hope the links I shared Help. If you need to look through case law use Google it can search everything thats on public record. Good Luck!
Hey --wait .......didn't the Feds say the dump in the economy was over ???Just " some" areas taking longer to recover ?The ONLY place the shit economy is not effecting is in our elected officials.The rest of the country suffers on.Sorry to hear Fuelfan.I have been down legal roads on this also-I finally bought my own company.Best of luck-OD
True OD, and I would add company CEO's who else gets paid a multi-millon dollar severance package after running a company into the ground...Originally Posted by ordawg1
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