I was fired for voting - LONG POST INSIDE

[sageofages]

Originally posted by kddani
it may suck, but you can't really sue and get anything. A lawyer costs a bundle (though for something like this may be able to get it pro bono). The $ in issue is only a few dollars.

You really have no claim for lost wages or loss of opportunity. It's not like you were fired from a regular job that you depended on for income. You weren't fired from a job in which this is a stigma placed upon you that will affect your future employment opportunities.

Yeah, it sucks, but there's nothing to be gained in suing really. If you were to sue, then it would be big news, and you would lose all privacy in your life and come under intense scrutiny by the media and others.

It sucks, but the best way to deal with it would be to try to deal with it quietly and find the right people to reach.

HOWEVER, she has the "discharged for cause" on her employment record and THAT can cause difficulties in seeking some levels of future employment. Whether she receives any sort of financial return in the pursuit of contesting this, she SHOULD DEFINITELY continue that course to change the reason for leaving this position. Simply stating "the job ended" would not be completely correct and if the discharge were mentioned in a reference check (and some entities check thoroughly) she would be disqualified for a position for "inaccuracies" on her application.

Pursue correcting this!

[kddani]

You almost always get a spot to explain it. Applications will say "have you ever been fired from a job, if yes, please explain". People get fired from jobs for all kinds of dumb reasons. This was a several day job, she has a great answer to the question.

I hope that one of you GCers would be a generous donor and help her finance this. This isn't a personal injury case, it's not going to be taken on contingency, and consultation will not be free. As I said, she may be able to get someone to take it on pro bono but I don't know if it's a big enough thing.

Don't know if the ACLU would be interested, maybe?

[GeekyPenguin]

People list every single temporary job they've had on their resumes? I've worked at tons of places for a week or two, and I never list them because I'd rather put down my two-year jobs. I'll list them only if putting down every job ever is required.

Also, why would you list somebody like this as a reference?

I don't think this is a big deal at all. Once I got "fired" from hostessing at a craft fair an hour before my shift ended. I didn't care at all.

This wasn't your full-time career. I seriously think this would get laughed out of court. What claim do you have to compensation?

[KSig RC]

Originally posted by kddani
I hope that one of you GCers would be a generous donor and help her finance this. This isn't a personal injury case, it's not going to be taken on contingency, and consultation will not be free. As I said, she may be able to get someone to take it on pro bono but I don't know if it's a big enough thing.

Don't know if the ACLU would be interested, maybe?

I'm pretty sure this one isn't going to even make the radar at the ACLU - not to mention Baker-Botts . . .

I can see why you're upset, but your legal leg is tenuous at best, and the money involved is very little. Don't get a lawyer - write some letters explaining the situation, and hope you get an apology. I feel like that's what you deserve out of the situation, and the best you're going to get.

[HotDamnImAPhiMu]

Originally posted by GeekyPenguin
People list every single temporary job they've had on their resumes? I've worked at tons of places for a week or two, and I never list them because I'd rather put down my two-year jobs. I'll list them only if putting down every job ever is required.

Also, why would you list somebody like this as a reference?

With some jobs you have to. Any government job, for example. And there's a spot that says, "Can we contact this employer?"

But you're right, I'm sure if she's wanting to apply at XYZ Public Relations Firm, they're just going to want to know about the 2 year stint at ABC PR Firm and the three years at DEF PR Firm, but not every little "make ends meet" job she had in between.

[_Q_]

As far as media, Indy Media would probably be sympathetic. The San Diego IMC's website is at
http://sandiego.indymedia.org/
The ACLU might be able to do a better job advocating for you.

[angelic1]

10 hours with no breaks just alone is ridiculous. If it was only a temporary position and voting was that important to you, I probably would have just quit on my own earlier due to the way the situation was.

I don’t know much on California, but I don’t know how much you can do about this other than take it as a learning experience, as others have said. If it was that important to you, couldn’t you have filled it out the night before when you had the ballot?

[sageofages]

Originally posted by HotDamnImAPhiMu
With some jobs you have to. Any government job, for example. And there's a spot that says, "Can we contact this employer?"

But you're right, I'm sure if she's wanting to apply at XYZ Public Relations Firm, they're just going to want to know about the 2 year stint at ABC PR Firm and the three years at DEF PR Firm, but not every little "make ends meet" job she had in between.

Any job requiring a security clearance will have every job investigated. And depending on the level of security clearance, use of W2 information is used to verify information (you sign a form allowing them to check your credit, your tax status, etc etc etc etc). No skeletons in the closet allowed with those.

[_Q_]

Originally posted by sageofages
Any job requiring a security clearance will have every job investigated. And depending on the level of security clearance, use of W2 information is used to verify information (you sign a form allowing them to check your credit, your tax status, etc etc etc etc). No skeletons in the closet allowed with those.

Actually, this is a rather interesting (unclassified) description of the security clearance guidelines:
http://www.dss.mil/nf/adr/adjguid/adjguidF.htm

Losing a job shouldn't really be a problem, though they might get worried about people with an excessive amount of job turnover (like five jobs in the last three years).

Originally posted by adpiucf
Navane,

Write both a letter to the editor, a formal letter to your former supervisor's boss and your congressman.

Best advice in the thread.

I'd add send it to everyone that eats at the table before your supervisor.

To make it plain from whomever you supervisor reports to on up to the State Office and all your local representatives and city/county councils.

[valkyrie]

If it's going to make you feel better, by all means write a letter to the editor and to anyone involved -- as long as you're sure it's going to make you feel better. Maybe this woman is going to come back and make all kinds of crazy allegations about you. Are you prepared for the war this might start? If she responds by saying that you were an incompetent freak or something of the sort and your name is all over the papers, is that going to be a problem?

As for the legal side of things, I agree with kddani. Although I'm not familiar with employment law, typically to prevail in a lawsuit you must suffer some type of damage that is recognized by a court. Your damages here seem to be limited to the loss of wages for a few hours, and I can't imagine wanting to go through the drama and expense of a lawsuit if your result is going to be getting maybe what, $50?

[navane]

Hi folks,


Some of you got carried away and started putting words in my mouth. I never said I was going to get a lawyer and sue the pants off of the County of San Diego. So please, stop lecturing me about that as if I'm the one who came up with that idea.


What I have been in the process of doing is writing a formal letter of complaint to the Registrar of Voters to express my dissatisfaction with the way my supervisor handled the situation. I am sending a copy to Human Resources with the request that they add the rebuttal to my employment file.


Extra information:

1) I feel bad that some people are making light of the fact that I'm disappointed that I lost a half day's wages. It's great that you all seem to be wealthy and have no problems, but yeah, that extra $68 does make a difference to poor people like me. In addition, I was told that I would likely be working beyond my scheduled finish of 9:30pm and having it extended to 3:30AM. So that would have been an additional $61.....not including any overtime I may have been paid. That money would have paid for a month's worth of fuel for my car or for a couple of weeks worth of groceries.

2) This may have been temporary, but it DOES affect my employment future. I am now ineligible to work the January 2005 election. In addition, as a former County employee, do you think this will look good on my record? I'm probably now going to be counted out for any jobs I apply for at the County of San Diego.

kddani, in response to a question you posed on another post: I was not a pollworker. Though, both myself and pollworkers are paid by the County of San Diego.


.....Kelly

[SapphireSphinx9]

wow kelly, i'm sorry to hear that! i think you did what was best for you, and no one should have batted an eye at it, let alone fire you for it!!!

you should write a letter to the higher-ups about your supervisor, and cc it to everyone that's anyone...

it's ridiculous that she assumes that it's ok that you worked 10+ hours without breaks, and that you don't need to vote. come on now! hopefully she won't work for the county anymore... and maybe they'll offer you HER job!!

[adpialumcsuc]

Navane..

This may sound silly but when did you receive your final paycheck? Since you were terminated there are laws in CA that that dictate.
In CA it is your right to go to the Labor Board and file a claim. This is not a lawyer. They are with the department of fair housing and deal with wrongful termination and pay issues.
Yeah you may have only lost a half days worth of work but you were also terminated from a position. This may or may not effect you future employment opportunites.

Oh and by the way it is completely against the law to not give you a break after 10 hours of working........

[wrigley]

After reading this thread two organizations came to mind to contact. League of women voters and NPR. I don't think it would hurt to contact the local chapter of the ACLU as well as the other organizations just to see what they think of this situation. Getting fired sucks whether you've had the job one month or one year.

Her supervisor was totally in the wrong for not scheduling breaks for everyone. Shame on her. It wasn't as if Kelly was going down the street to a bar to tie one on while on duty. She was in the building getting lunch and voting. Unless this building is a labyrnith(sp?) of sorts, all her supervisor would get is some extra exercise to walk down to the cafeteria to see if she was there. The Patsy woman was an additional idiot for not offering the information sooner.