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unblock

(52,196 posts)
2. my mom was a lawyer who did a lot of wrongful dismissals
Mon Jul 23, 2018, 02:40 PM
Jul 2018

she could never understand why people who had been wrongly terminated would ever want their job back.

of course she would advocate for them, get them justice and compensation and equity and all that, but some people would insist they wanted their old job back.

my mother would always tell them, i can get you your old job back, but now that you know they want you gone, and especially now that you've put a target on your back, they've got a whole lot of legally defensible ways going forward to either build a case to fire you or to make you want to quit.

yet many people insist on it, trying to get back to the situation before the wrongful firing, a situation that likely never existed in reality.


kudos on this guy for realizing that. i hope home depot pays a hefty price, and i hope he finds a better job as well.

Hassin Bin Sober

(26,324 posts)
3. I suppose a lot of times getting back pay is worth it.
Mon Jul 23, 2018, 02:54 PM
Jul 2018

Also, with larger companies like HD, I imagine the motivation for revenge is way less prevalent. The decision to fire the guy was probably made higher up in the chain than people he deals with day to day. His immediate supervisors may have felt bad about firing him.

I know a guy who was fired from South West Airlines for “calling in drunk”. The flight attendant union agreement was there was supposed to be no penalty for being honest and admitting you drank within the cut-off time.

I think he received like 5 years back pay. (He was one of the prominent characters in the show Airline first season).

unblock

(52,196 posts)
4. if you win your case you usually get all that financial compensation either way.
Mon Jul 23, 2018, 03:03 PM
Jul 2018

if a wrongful firing made you unemployed for 5 years, you should be able to get compensation for 5 years even if you then get a different job.

5 years is a long time, you'd generally have to show that there was no other comparable job possible. i know an air traffic controller who won a case, it's easier to prove when there's only one relevant employer in the area for that kind of job....

George II

(67,782 posts)
8. I got laid off 20 years ago, filed a complaint with the state who found probable cause...
Mon Jul 23, 2018, 03:58 PM
Jul 2018

....the case was still open when they offered me my job back 18 months later. My attorney said I had to take it because refusing would make it look insincere. My first day back was awkward, but a bunch of co-workers quietly came over to me and congratulated me.

We settled a few months later for full back pay and benefits, but that was reduced by the attorney fee of course.

Less than two years later they got rid of me again, we sued for retaliation and got another settlement.

 

Wellstone ruled

(34,661 posts)
5. Hope he has a great lawyer.
Mon Jul 23, 2018, 03:08 PM
Jul 2018

First,depends on the State in which this occurred. Next,if it is Right to Work,that will take years to resolve. And,if he runs up against a basis Judge,good luck on that issue.

HD will bring in the Suit's,most likely four of their Corporate Attorneys,and the only way you win is a PR campaign which means big bucks.

Wish Mr. Rucker all the best in the world.

cutroot

(875 posts)
6. I do not blame him.
Mon Jul 23, 2018, 03:48 PM
Jul 2018

They will milk this for publicity, and then make his job miserable until they find a flimsy excuse to fire him again. After the heat has died down of course.

 

DoctorJoJo

(1,134 posts)
10. I Already Wrote to Home Despot Corporate and Said:
Mon Jul 23, 2018, 04:19 PM
Jul 2018

I'll never again step foot in your store. Lowe's is a bit further, but I'll gladly drive an extra mile to use them instead.

 

NY_20th

(1,028 posts)
11. Here's more from our local coverage
Mon Jul 23, 2018, 04:23 PM
Jul 2018
For now, Rucker is trying to pay his bills by driving for Lyft.

But he said he knows he needs something that pays a better wage. He's gotten several job offers, many in retail. On Tuesday, he has a job interview with Albany County Executive Daniel McCoy, who reached out after the story made the news.



https://www.timesunion.com/news/article/Fired-after-confronting-racist-customer-ex-Home-13095898.php

Also, my friend who started the GoFundMe will be meeting with him later this week so he can withdraw the money raised.

Response to Gothmog (Original post)

cstanleytech

(26,281 posts)
16. He is right in my opinion for why they offered it back to him and he is right
Mon Jul 23, 2018, 05:25 PM
Jul 2018

for refusing besides the odds are after the news died down they would cut his hours to shreds in retaliation not to mention passed him over for any potential promotion and or pay raises.

bmpbmp

(310 posts)
17. Why go back to the almost minimum wage you've been making for 10 years?
Mon Jul 23, 2018, 05:31 PM
Jul 2018

HD screwed up. The right thing to have done is bump him up to a salaried position $30k a year, a new position (even if it has to be newly-created), and make it obvious they have respect and appreciation for him.

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