Discrimination at workplace

[Silver R/T]

Anyone else work somewhere and witness discrimination? We had a very skilled machinist who worked very hard. He has son who was leaving to Iraq. He requested time off but didn't have any vacation time so he wanted to take "unpaid leave time" "Big boss" decided he didn't want machinist to leave so he refused to give him time off. Machinist left anyways and was "suspended until further notice"
Now I find out that he has been officially fired. It really ticked bunch of other employees, including myself when we heard about it. I hope guy sues boss and gets a big settlement, afterall he deserves it. What do you guys think about this story?

[TK73]

That's NOT discrimination. THAT is unexcused absenteeism if not downright insubordination.

And NO, there is no viable lawsuit in this.

Most likely won't get UI for violating company attendance policy.

[greenpigs]

If the guy is as good of a machinist as you say he will not have any problem finding another job.

[TK73]

If the guy is as good of a machinist as you say he will not have any problem finding another job.

...and somebody is gonna be real happy getting his.

[Ponch ®]

how exactly is this discrimination? I don't follow...

[last426]

Having practiced personnel law on both the employee/union side and management's side, I agree with tk on this one. Plus, the fact that he doesn't have any vacation time hints that he is not a great employee.  Couple that with the fact that he intentionally disobeyed the boss shows that he, in fact, is a poor employee.  So it's a done deal.  And why the subject line claims discrimination is beyond me.  Kim

[stripedelete]

Having practiced personnel law on both the employee/union side and management's side, I agree with tk on this one. Plus, the fact that he doesn't have any vacation time hints that he is not a great employee.  Couple that with the fact that he intentionally disobeyed the boss shows that he, in fact, is a poor employee.  So it's a done deal.  And why the subject line claims discrimination is beyond me.  Kim

BINGO!

[440]

Given the circumstances I think with proof of his sons "deployment" the boss should have been a bit more lenient in my opinion.

[69CoronetRT]

Given the circumstances I think with proof of his sons "deployment" the boss should have been a bit more lenient in my opinion.

Probably true out of humanity but there is a clear violation of employment law justifying the firing.

[68X426]

  Sure the boss sucks, could have been a supportive guy ( and a patriot !! ), (of course there are more facts needed to render a final verdict of the suck-i-ness of the said boss), but what a fine example for a father to set for a military son: "I don't follow orders, I don't live up to my commitments, I do my own thing".

It's insubordination, he abandoned his team for his own selfish reasons. He should be a man and now take the consequences.

No discrimination to be found here. Just one selfish guy working for a selfish boss; sad because they both could have figured out what was the right thing to do. They both get failing grades.

[hemi68charger]

If the guy is as good of a machinist as you say he will not have any problem finding another job.

I agree... If I were one of the other machinist, I'd be looking for another job with a more understanding supervisor. As cold as it is, there isn't any unlawful actions that were taken by the supervisor, he's just a putz.... Haven' been in Iraq with the Air Force and seen with my eyes what can happen (less likely over now than when I was there), I can understand a parent wishing to spend time with their child before they go off to harm's way..

[Brock Samson]

 "At the discretion of the employer" a phrase to take note of.

[Chris G.]

That's NOT discrimination. THAT is unexcused absenteeism if not downright insubordination.

And NO, there is no viable lawsuit in this.

Most likely won't get UI for violating company attendance policy.

Bingo! Right on the head.

And what does Iraq have to do with him already having no vacation days left? How many days did he get a year? Being they fired him, he must have had a history of doing this.

[hemi68charger]

That's NOT discrimination. THAT is unexcused absenteeism if not downright insubordination.

And NO, there is no viable lawsuit in this.

Most likely won't get UI for violating company attendance policy.

Bingo! Right on the head.

And what does Iraq have to do with him already having no vacation days left? How many days did he get a year? Being they fired him, he must have had a history of doing this.

Could be Paul Harvey's "rest of the story",,,, alas, we don't know the complete saga........

[Silver R/T]

Let me ask you guys, especially those who have a son. Would YOU do the same thing. Maybe your son will die and you won't ever get to see him again. It's not like guy wanted to go camping

[RECHRGD]

You don't really lay out the circumstances.  Does his son live in town?  If so, why take time off when you have complete access to him at any time other than work.  If he's out of town, when was the last time he saw him?  Two weeks ago or 2 years ago?  With all the available communication methods available today, there would have to be something way out of the ordinary for me to jepordize my job like he did.   Bob

[Silver R/T]

Guy works in WA and his son presumable was in California somewhere. I don't think he signed anywhere that you can't take time off if you don't have vacation hours.

[Silver R/T]

If the guy is as good of a machinist as you say he will not have any problem finding another job.

Really? Have you been unemployed for more than one year, trying to find a job. With current economy I see doctors cleaning toilets. Our nation's job market is not the brightest at the moment. Just thought I'd throw that out there...

[greenpigs]

If the guy is as good of a machinist as you say he will not have any problem finding another job.

Really? Have you been unemployed for more than one year, trying to find a job. With current economy I see doctors cleaning toilets. Our nation's job market is not the brightest at the moment. Just thought I'd throw that out there...

  Depends on your location, if not a lot of machine shops in the area then he might have some trouble. In Ohio we have plenty of machine shops & they are always hiring knowledgeable machinist, but not button pushers.
   I have never been laid off & am working 55 hours+ a week(6 years) at a medical implant/devise machine shop, so yes underware stain I know what I am talking about.

[Chris G.]

If the guy is as good of a machinist as you say he will not have any problem finding another job.

Really? Have you been unemployed for more than one year, trying to find a job. With current economy I see doctors cleaning toilets. Our nation's job market is not the brightest at the moment. Just thought I'd throw that out there...

Which is exactly why this guy should NOT have taken off. You can try and sell the story, but for him to get fired means there's past history with his attendance.

Stop thinking stupid Silver and realize this guy was in the wrong. He knew what would happen and he did it anyway. His story ain't selling here. You don't need to sign anything that states you cannot take time off that you don't have...it's normal company policy.

[moparguy01]

I agree withthe majority here. The guy must have had some other issues prior and this was just the icing on the cake. I used to work with a guy who tried to sue because his supervisor wouldn't give him the day off to go to his grandfathers funeral. Even though he had been to 3 grandfathers funerals in the past 18 months. The last one actaully was a real funeral for his grandfather and the others were excuses to not work. I'm not saying this is the case here but without seeing an employee file it could be similar.

[PocketThunder]

so yes underware stain I know what I am talking about.

If this isnt proof that you should stick around on this forum, i dont know what is...           my 6 cents

[Charger RT]

one of the guys I supervise uses his time as he earns it. At the end of last month he had a combined sick/vacation time of 2 hours. He uses it as soon as he gets it. The contract says you don't earn OT rate until you have 40 hours. It also says I have to split overtime equal to all workers. So last week I was forced to give him Monday as OT. Tuesday he screws him self of some of it by leaving at lunch. I give him extra work and he goes home and does not do the regular work I have for him screwed my afternoon up and other workers afternoon up because they had to do his work. His wife is pregant and I hope he wants time off when she gives birth so I can fire him.
The machinist got what he desreved. I have 52 days on the books for things like this my co-worker could too. My daughter is having a baby this summer I think I will take some time off.
Tim

[no318]

If the guy is as good of a machinist as you say he will not have any problem finding another job.

Really? Have you been unemployed for more than one year, trying to find a job. With current economy I see doctors cleaning toilets. Our nation's job market is not the brightest at the moment. Just thought I'd throw that out there...

I teach at a local community college and there is a surplus of jobs for skilled positions around here (ie. auto collision, auto/diesel/ag techs, machinists, welders, etc., etc.)  There are more open jobs for skilled labor than there are qualified people to fill them.  Granted I am not on the west coast.

[bill440rt]

so yes underware stain I know what I am talking about.

If this isnt proof that you should stick around on this forum, i dont know what is...           my 6 cents

Please pass the roll of duct tape. I just split my sides open!!