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Old 02-24-2012, 10:13 AM
 
1,378 posts, read 4,361,661 times
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You would also need to have documentation that the employee had been insubordinate. Also, the employee and company would need to be real and not part of some trolling fantasy of some bored teenager.
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Old 02-24-2012, 10:16 AM
 
Location: Southern California
890 posts, read 2,785,249 times
Reputation: 811
Quote:
Originally Posted by Bossman62 View Post
Yeah, but insubordination is an offense in which an employee can have been engaged in prior to requesting the leave, and which I can and WILL enforce with termination after you come back.

Like I said, you people need to learn business, in at AT WILL STATE, I can fire you seconds after you return from your requested the leave,and have my HR person there to back me up with a sworn affidavit that you were being terminated for insubordination that occurred prior to your leave.

Anything but 3 days for a male after child birth is laziness, and taking advantage of my business situation.
You probably do not know the steps to get the Family Leave Act going. It is not like calling in sick.

Where did insubordination came from?
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Old 02-24-2012, 10:17 AM
 
58 posts, read 56,921 times
Reputation: 53
Here is another troll with the baseless accusations.

History of past behavior is absolutely not needed to fire someone in at at will state, it would be needed to fight unemployment, which I woulod not have a grounds to do in Florida anyways.

Before you throw out your petty accusations and quite honestly, poor knowledge of workplace practices, please brush up on what the hell your talking about.
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Old 02-24-2012, 10:18 AM
 
Location: Southern California
890 posts, read 2,785,249 times
Reputation: 811
Quote:
Originally Posted by Bossman62 View Post
Did I say that the time off request was insubordination?
Ofcourse I did not, please re read my post before you attempt to play lawyer.

If an employee, being a male, came to me and asked me for anything but 3 days off, Id make damn sure I granted his request, upon returning, hed be shown his marching papers with boot firmly in butt cheek.

I can recall the employee not saying good morning to me months prior to the birth, ask if he has a history of or is grouchy in the morning, ofcourse I will get a " yessuh boss " and use that as a template for his negative attitude, since positive-thinking is part of our company mantra, he is violating one of our CORE rules,l instant insubordination.

Goodbye slacker.
grouchy mornings not documented, didn't happen

you should know that, lol bossman

epic fail troll much
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Old 02-24-2012, 10:20 AM
 
4,286 posts, read 10,765,133 times
Reputation: 3810
I would not go into work for 3-4 days after the kid pops out.
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Old 02-24-2012, 10:23 AM
 
58 posts, read 56,921 times
Reputation: 53
Quote:
Originally Posted by Joseph Marnix View Post
grouchy mornings not documented, didn't happen

you should know that, lol bossman

epic fail troll much
Epic fail? What are you? 16.

Where in the world did you get the notion that behavior has to be " documented?"

Where do you people work at?

I will have employee backing, I fired the guy for insubordination, he had a lousy attitude, co workers will attest, its an at will state, I can fire you for looking funny at 2 PM with no prior behavior issues.

And good luck " taking me to court. "

Unless I fired you for your race, ethnicity, religion, sex, or sexual preference, or other protected status, you do not have a grounds to stand on.

Use google.
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Old 02-24-2012, 10:31 AM
 
Location: Southern California
890 posts, read 2,785,249 times
Reputation: 811
can't handle google lingo applied to your internet status? lol

any litigation lawyer can easily link this trumped up attitude problem you site upon the FMLA request.

but of course, cowed blue collar workers under in your pit would just rather move on than waste oxygen associated with you

you sure do hang out in CD for a productive and efficient non-CEO like "urself"
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Old 02-24-2012, 10:43 AM
 
1,734 posts, read 1,202,363 times
Reputation: 9516
Quote:
Originally Posted by Bossman62 View Post
... and use that as a template for his negative attitude, since positive-thinking is part of our company mantra, he is violating one of our CORE rules,l instant insubordination.

Goodbye slacker.
Surely you meant "positively loathful thinking."

Your understanding of such a "mantra" is suspect. Rotten to the CORE, Crabby Appleton.
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Old 02-24-2012, 10:46 AM
 
Location: Austin, TX!!!!
3,757 posts, read 9,058,250 times
Reputation: 1762
Quote:
Originally Posted by Bossman62 View Post
Did I say that the time off request was insubordination?
Ofcourse I did not, please re read my post before you attempt to play lawyer.

If an employee, being a male, came to me and asked me for anything but 3 days off, Id make damn sure I granted his request, upon returning, hed be shown his marching papers with boot firmly in butt cheek.

I can recall the employee not saying good morning to me months prior to the birth, ask if he has a history of or is grouchy in the morning, ofcourse I will get a " yessuh boss " and use that as a template for his negative attitude, since positive-thinking is part of our company mantra, he is violating one of our CORE rules,l instant insubordination.

Goodbye slacker.
Well, I do hold a JD (and took some employment law courses in law school) so I will play lawyer here. The timing of the dismissal would be suspect and firing him retroactively for insubordination wouldn't fly. You'd be facing some pretty stiff penalties. Whether FMLA is good public policy is up for debate, however, it is the law and you have to abide by it.
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Old 02-24-2012, 10:47 AM
 
58 posts, read 56,921 times
Reputation: 53
Quote:
Originally Posted by Joseph Marnix View Post
can't handle google lingo applied to your internet status? lol

any litigation lawyer can easily link this trumped up attitude problem you site upon the FMLA request.

but of course, cowed blue collar workers under in your pit would just rather move on than waste oxygen associated with you

you sure do hang out in CD for a productive and efficient non-CEO like "urself"
urself?

Again, I dont even know why im continuing to make you look silly, when you do such a good job of it yourself.

Back to my point, once again, the lot of you on here seem to have absolutely no grasp of how workplaces... work.

Litigation or " kumbaya, employees are a companies greatest asset!! " seems to be the mindless drivel thats popular on here.

No attorney would take the case, none of the employees would back the fired employee, no one will substantiate his claim, and he will lose.

At most, it will be tried as a " nuisance " claim, where they will try to get the company to settle for a small dollar amount ( under 10,000 ) with hopes that it goes away.

That MIGHT work with small business, but an organization such as the one I work for it will never fly, the attorney the fired employee will most probably hired is an ambulance chaser type, who will not go through with the case because it would not result in anything.

We had someone pull a similar stunt years ago, and THEY had to pay our lawyer fees, we never settled.

Like I said, I wish you guys would actually bother to learn about these things, instead of using common myths as solid ground.
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