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Unjust firing
Sent to Legal Experts February 03 07:40 AM

Hi Jen, I worked at a reg. jail and was fired due to not patronizing the secretary that was a mistress to the administrator. She unlocked my door to office, went through my files, interrupted about 10 times a day for no reason, just to see if I was busy. She was a rat for the office and reported to him daily. Even inmates knew what was going on. No one could say anything for fear of losing job. No write ups but got fired from my position. Was offered another position in another area on my last load out to the car and took it. Was harrassed, retaliated against until I had to quit that job. He even wanted me to buy a nicer looking car because of my status?? so I did and now 450 a mo in debt. It's a long story. Basically if you didn't get along with her you were out. Confided in a correctional officer that took agrievances and what do you know, he was investigated and they fired him... We would like to persue a class action law suit for unjust firings, but no in the state it seems wants to go up against these people. Wouldn't you know after the heat was on and people started talking now the admin. is taking a early retirement to save face. This has been 7 months ago. Do you think we have a case, and who can we talk to in our state that will listen. We even had Senators looking into this. They just shouldn't be allowed to destroy people's livlihood like we were garbage. We are at will state I believe. Thank you for your time and consideration. If you need to know more of the story, let me know.

Customer (name blocked for privacy)
Answer
February 4 1:07 AM (17 hours and 26 minutes and 31 seconds later)
         
ACCEPTEDCheck Mark
Generally speaking:

1.   I'm concerned about the statute of limitations that may soon bar any action. Each state has their own statute of limitations. You will need to act decisively on this action to keep it viable.

2. It sounds like you could have several different causes of action as an individual. I don't think your in the area about a class or mass suit action (just because your haven't indicated the type of facts that would support a mass claim and each of these employment law cases probably has different potential causes of action), however, depending on each individual situation this certainly could be a matter with multiple lawsuits.

3. Are you near any large cities? What state were you employed in?
Reply
February 4 11:47 AM (10 hours and 40 minutes and 28 seconds later)
         
Reply to Michael J. Love's Post: THIS IS TO MICHAEL LOVE   RESPONSE TO QUESTION IS I LIVE IN WEST VIRGINIA. I THINK THERE IS A 2 YR STATUE. MORGANTOWN AND CHARLESTON IS THE 2 LARGEST CITIES. FORGET CHARLESTON CAUSE THIS IS WHERE ALL THE STATE OFFICES ARE AND NO ONE WILL GO UP AGAINST A STATE FACILITY. ALREADY TRIED. THEY ARE SCARED OF THEM, TO CAUSE ANY RIFF IF YOU KNOW WHAT I MEAN. MORGANTOWN PROBABLY. EVERYONE SAYS CONFLICT OF INTEREST CAUSE THEY HELP THE INMATES. BULLSHIT. THEY'RE JUST SCARED. I SAID CLASS ACTION CAUSE THERE IS ABOUT 4 OF US THAT GOT FIRED UNJUST. I WOULD LOVE TO SEND YOU A COMPLETE COPY OF ALL THE INCIDENTS THAT WENT ON IN THAT FACILITY. WE WANT TO DO THIS BEFORE ADMIN LEAVES END OF FEB. ALTHOUGH WE COULD SUPENA HIM TO APPEAR AT TRIAL. WE'RE GOING FOR 10 MILLION CAUSE THAT'S WHAT WAS LEFT IN THEIR BUDGET...HA....THIS IS SERIOUS. I LOST A GOOD JOB AND HUMILIATED WITH MY CHARACTER THAT SHOULD HAVE NEVER HAPPENED. NOW THERE LOOKING AT THE SECRETARY TO GET RID OF HER. LITTLE TOO LATE AS FAR AS I'M CONCERNED. THE OTHER CO I MENTIONED THEY HAD NO CAUSE TO FIRE HIM. HIS GIRLFRIEND WAS INVESTIGATED ALSO BUT WAS UNFOUNDED SO THEY REINSTATED HER BACK PAY FOR 6 MONTHS, ETC. BUT SHE IS NOT GOING BACK BECAUSE SHE KNOWS THEY WILL DIG FOR INFORMATION ABOUT THIS OTHER CO AND MAKE LIKE UNBEARABLE TO WORK THERE. THANK YOU SO MUCH FOR GIVING ME HOPE, MY HUSBAND SAYS DROP IT, BUT THEY SHOULDN'T BE ABLE TO DESTROY PEOPLE'S LIVLIHOODS AND REPUTATIONS LIKE THIS. NOT BRAGGING BUT I WON THE FIRST MISS OHIO VALLEY BACK IN THE 70'S AND WAS ELECTED A FOREST FESTIVAL PRINCESS BY OUR SENATOR, SO YOU CAN SEE I'M NOT A TROUBLE MAKER OR A RIFF FROM THE STREETS. I NEED TO TEACH MY CHILDREN TO STICK UP FOR WHAT'S RIGHT AND I CAN'T COWARD DOWN TO A BIG ORGANIZATION BECAUSE I'M A NOBODY. WISH YOU COULD REPRESENT US OR TELL US WHAT PAPERS TO FILE OR HOW TO GO ABOUT THIS BECAUSE WE FEEL WE NEED TO GET SOMEONE OUT OF STATE. WHEN HE READ OFF WHY I WAS BEING LET GO FROM MY FISCAL POSITION I DIDN'T SEE THE PAPER, NOTHING, COULD HAVE BEEN A POEM HE HAD IN HIS HANDS.....ADMIN. HAD HIS PAPER WORK DISSARAYED AND STARTED FUMBLING FOR WORDS. ALSO I TOOK A TAPE RECORDER AND DIDN'T GET HARDLY ANYTHING, CAUSE TAPE RAN OUT BUT THE PERSONNEL DIR. TOOK ME ASIDE AND SAID THEY DIDN'T GO ABOUT IT THE RIGHT WAY, AND PROMISED ME I WOULD GET A RAISE........ NEXT TIME THEY CAME UP TO GIVE HIM ABOUT 4 MONTHS CAUSE IT WOULD LOOK SUSPICIOUS. GO FIGURE..... TO BEAT IT ALL HE AND HIS GIRLFRIEND OF A FEW YEARS AGO, THEY WORKED TOGETHER SHE PUT IN A SEXUAL LAWSUIT AND WON A MILLION DOLLARS AND GUESS WHAT, A YEAR LATER THEY MARRIED.....THIS IS WHAT I'M UP AGAINST.....I WISHED I WOULD HAVE HAD THAT ON MY TAPE BUT DIDN'T.....IF I DIDN'T WORK THERE I COULDN'T SEE MORE AND CAUSE ANY MORE TROUBLE SO THEY HAD TO FIND A WAY TO GET RID OF ME. IT'S ALL COMING DOWN NOW AND THE HEAT IS ON. SO THEY KNOW I WAS TELLING THE TRUTH, BUT WON'T ADMIT IT TO ME PERSONALLY. THEY ARE AVOIDING ME. MY FILE IS THICK SUPPOSINGLY FROM ANOTHER SOURCE BUT I'VE NEVER SEEN WHAT WAS IN IT AND WHY. I WAS NEVER WROTE UP FOR ANYTHING. SO HOW CAN I DEFEND MYSELF. I SHOULD HAVE NEVER WENT INTO THE OFFICE WITH 3 PIT BULLS TRYING TO INTIMIDATE ME AND I WAS ALONE WITH NO ONE ELSE TO HEAR THE ALLEGATIONS. BAD ON MY PART, BUT I HAVE NOTHING TO HIDE. THANK YOU SO MUCH I WILL GREATLY PAY YOU MORE FOR YOUR SERVICES IF I CAN GET SOME EXTRA HELP FROM YOU. I SMOKE SO THEY USED THAT AGAINST ME ALSO, TAKING BREAKS BUT I NEVER TOOK A LUNCH HOUR. PUT IN ALOT OF EXTRA HOURS TO LEARN MY JOB EVEN ON WEEKENDS I'D BE THERE TILL 2-3 OCLOCK IN THE MORNING WITHOUT PAY....ADMIN DID SAY HE WANTED ME 10 MONTHS AFTER THE FACT TO LET HIM KNOW WHAT I OWED BECAUSE HE DIDN'T WANT A LAWSUIT AND I SAID I WOULD NEVER DO THAT BECAUSE I DID IT ON MY OWN TO LEARN MY JOB. LITTLE DID I KNOW WHAT THAT WAS LEADING UP TOO...DIDN'T DOCUMENT HOURS SO CAN'T PROVE ONLY THE OTHER CO'S THAT SEEN ME WORKING THERE AND THOUGHT I WAS CRAZY.....WE HAVE PICTURES OF THE TWO OF THEM AND THAT IS DRIVING THEM CRAZY BECAUSE HIS WIFE IN ANOTHER CITY IS UNAWARE. A LADY TRAINING ME AND I WENT TO THE LT. TO CONFIDE IN HIM, HE KNEW WHAT WAS GOING ON BUT HE BACK STABBED US AND TOLD THE ADMIN EVERYTHING BECAUSE HE WANTS TO MOVE UP AND THOUGHT THIS WAS LOYAL....BULL...HE TALKED ABOUT HIM AND KNEW WHAT WAS GOING ON LIKE THE REST OF US. SAID YOU HAVE TO PLAY YOUR CARDS RIGHT. WELL, I DON'T PLAY CARDS........ANOTHER CO GOT FIRED FOR UNJUST FORCE ON AN INMATE, BUT ANOTHER IS STILL THERE FOR USING MACE WHILE HE IS SHACKELED TO A CHAIR.......WHY????? GOOD OLE BOYS CLUB IF YOU CAUSE RIFF YOU'RE OUT.....ONE INMATE WAS HELD TOO LONG AND THAT'S A 3,000 FINE I THINK AGAINST THE FACILITY AND I BROUGHT IT TO THEIR ATTENTION AND WENT ABOVE PROTOCOL AND GOT HIM OUT THERE AND TRIED TO SMOOTH THINGS OVER, MOST ARE TOO STUPID TO KNOW THE LAW, AND I SAVED THEM THAT FINE, BUT GOT INTO TROUBLE FOR IT......BECAUSE I DIDN'T FOLLOW CHAIN OF COMMAND. I DID WHAT WAS RIGHT.....THERE ARE SO MANY OTHER INCIDENTS. WAITING FOR YOUR REPLY.ct
Reply
February 4 2:47 PM (3 hours and 5 seconds later)
         
Relist: I still need help.
MICHAEL J. LOVE POSTED AN ANSWER FEB 4TH AND I WOULD LIKE TO FOLLOW UP WITH HIM ON A MORE DETAIL OF THE STORY OF SOME QUESTIONS HE ASKED. THANKS.
Answer
February 4 7:40 PM (4 hours and 52 minutes and 24 seconds later)
         
ACCEPTEDCheck Mark
Ok, let me see how I can help get you the information that you seek.

Class actions are for large lawsuits where you have one tort or harm caused generally on one defendant but suffered by many (100's or 1000's) plaintiffs. So if a electric company dumps PCB contaminated oil nto ground water and a entire town falls ill from it, then you would pursue a class action. That was a generallity and just for example.

I think you need to sit down with a lawyer who does employment law actions and pursue your claims on your own. You can tell that attorney about the other people who were also terminated from their positions and that lawyer will decide if each of these folks has an action on the merits of each case. In these situations--it sounds like an individual analysis for each situation.

I can only provide you general guidance and present to you legal generalities. I am not liscensed to practice law in west Virginia. In fact, I live thousands of miles away. I can't give you opinions on particular documents or statements. This service works only like an encyclopedia. It is not a substitute for actual legal advice.

I would not pursue seeking a lawyer in the capital. Many lawyers in every capital of every state sue the government on a daily basis for a wide variety of reasons. The system works when they agressively challenege the govermerment. That's the only way that many of thee lawyers can bring home the bread to feed their familiies. The lawyers that do employment law cannot take acttion until the employer does something dumb. So these lawyers do not care what a plaintiff employer thinks. Their payday happens when they challenge the system and for some only when they win against an employer.

You can find lawyers who do employment law through the bar associations in each major city or through the state bar association. Please don't wait on your claims. Besides the stautute of limitations there is also a practical reality that memories fade, necessary witnesses move on and claims grow stale. Act quickly.
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