I never knew you grew balls when you had the DS...

Julie R.
on 7/5/11 4:28 am - Ludington, MI
 LOL - oh my goodness - that is another good one!    Maybe I'm just not done yet.....
Julie R - Ludington, Michigan
Duodenal Switch 08/09/06 - Dr. Paul Kemmeter, Grand Rapids, Michigan
HW: 282 - 5'4"
SW: 268
GW: 135
CW: 125

Lynne
on 7/5/11 4:28 am - Macon, GA
Way to go... You handled that with poise and grace and IMHO restaint.  Glad that you grew a pair after surgery...lol she deserved it and sooo much more.

Lynne
Highest 330,    Surgery 297,     Goal 140.     Current 130
First Dr visit - 330 -
BMI 58.4,    Surgery - 297  BMI 52.6
01/24/2011 - 196 BMI 34.7 (ONEderland YEAH!!!),                 ...GeorgiaPink
08/10/2011 Reached GOAL Baby! 140 BMI 24.0                           is my Angel.
08/24/2011
- 139 BMI 23.8 One Year Anniversary 
  
Amanda-DS
on 7/5/11 5:23 am, edited 7/5/11 5:24 am
proud of you!!
also personally I would definately consider a lawyer you could even do a class action suit with all the employees she has wrongly fired.

sometimes the parent company needs to hear from a plaintiffs lawyer in order to address the monster they hired and condone. His reputation is important and so is the other people she has wrongly fired. It can stain a work history for a long time.

I would see if you can get a pro-bono lawyer to represent the group. Obviousely that both of the last two got unemployment so easily should be a big big red flay.

Gratitude is my attitude

Amanda-DS October 2001
highest >350/342 start of wls journey/ 192 @8years

Julie R.
on 7/5/11 7:05 am, edited 7/5/11 7:11 am - Ludington, MI
 We have discussed this with four other dismissed employees - and the big dilemma is what we could sue her for.   Because Michigan is an "at will" state, she can technically dismiss for any reason she wants.   Judy, my husband's immediate supervisor, is the only one who might have some grounds, because one of the things the administrator tried to pull on her is to change her job description to state that she had to have "20/20 vision and perfect depth perception" when she knew that she'd just had eye surgery a month before!!!

What we are considering doing is writing a mass letter to the president of the corporation discussing what has happened, pointing out our collective influences in the community, and making sure that we let other community members know about the issues going on there.   The parent corporatino owns about 45 assisted living facilities, all in small towns/resort towns/rural areas.   I surmise that they do this intentionally, knowing that year-round jobs are scarce in these communities and that they can offer sub-par wages.    We do think my DH and his boss got her in a fair bit of ho****er after our appeals to the Unemployment Commission.   I have a legal secretarial background, and we wrote VERY detailed letters about the events that transpired, with witness verification, and they did NOT make her look rosy at all!
Julie R - Ludington, Michigan
Duodenal Switch 08/09/06 - Dr. Paul Kemmeter, Grand Rapids, Michigan
HW: 282 - 5'4"
SW: 268
GW: 135
CW: 125

Katie K.
on 7/5/11 8:51 am - Grand Haven, MI
While it is an at will state.... the employer has the burden of proof to show reason for discharge... As an HR director in Michigan.. I tell you what.. it is REALLY hard to win that battle from an employers standpoint.. most judges are sympathetic to the Employee.
"Nobody will fault you for trying" - My mother
Seminar: 1/8/2011. Initial Appt: 1/27/2011. Behaviorist: 1/31.2011. Surgeon 1/31/2011
Sleep Study: 2/7/2011.
LilySlim Weight loss tickers
 
  
Julie R.
on 7/5/11 9:02 am - Ludington, MI
 Hmmmmm....really?!?    
Wow - she only has one "witness" to the alleged incident (she claims that my husband came charging into her office screaming and shouting at her, and pointing his finger at her" and that this witness (who is the BFF she followed over from the migrant clinic) was so distressed by my husband's "explosion" that it caused an anxiety attack.   Funny - her office is right next to the dining area, where lunch was in the process of being served, and not one other individual in the facility heard a thing.   

I wonder if a lawyer would take our case.    More than us, though, I'd love to see Barry's supervisor sue them.     She is a widow, at age 52, who lost her husband suddenly three years ago and has struggled to maintain their small farm ever since.   Because of her firing and denial of unemployment, her house is now going into foreclosure.    The 30 day time period just elapsed that the facility had time to appeal the case in, so she'll be getting her unemployment now, five months later, but it's too little too late.
Julie R - Ludington, Michigan
Duodenal Switch 08/09/06 - Dr. Paul Kemmeter, Grand Rapids, Michigan
HW: 282 - 5'4"
SW: 268
GW: 135
CW: 125

Elizabeth N.
on 7/5/11 11:14 pm - Burlington County, NJ
I think you could benefit from a consultation with someone, Julie. I did a half hour or so of sniffing around online last night regarding this at will employment thing, and by golly, he just MIGHT have more of a leg to stand on than you imagine. I understand very little of this stuff, but there does seem to be legal precedent in most states (several were listed as being exceptions, but MI was not on those lists) for cases such as these to be considered.

There was some stuff about "implied contracts" and how even if you sign something with your employer stating there IS no contract, implied or otherwise, that does not necessarily always stand up to scrutiny.

Again, I'm slightly more than clueless on this, but phrases like that make me think that it might not be as bleak as you think.

Julie R.
on 7/5/11 11:48 pm - Ludington, MI
newyorkbitch
on 7/6/11 12:06 am
A piece of advice:  if you are considering taking further action,  stop posting about this on a public website.  In fact,  if she is as litigious as she sounds,  you don't want to be posting about this on a public website at all.  You're asking for trouble. 

Your post above would pretty much prevent you from prevailing in any action - saying your husband doesn't want the job back,  that he's better off,  that it would be "nice to get a sum"  - I'd advise you to delete that.


Julie R.
on 7/6/11 2:46 am - Ludington, MI
We are fully aware that we cannot (nor do we wish to) prevail in a re-employment bid, so it is a moot issue whether he is in a better work situation or not.   Our only leg to stand on might be for damages in regard to slander, emotional trauma, etc., and that's a pretty thin legal thread.   You are correct though - I should delete that particular post.   Please delete yours referring to it, as well.
Julie R - Ludington, Michigan
Duodenal Switch 08/09/06 - Dr. Paul Kemmeter, Grand Rapids, Michigan
HW: 282 - 5'4"
SW: 268
GW: 135
CW: 125

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