Off topic: to sue or not to sue my employer

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Old 12-03-2010, 10:28 AM
  # 21 (permalink)  
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"I also know some lawyers are out to get what THEY can get and are not going to come here 8 hours everyday to feel the stress/bad vibes..."

No they won't TC and that is not what they are in business to do. They are retained to follow the Letter of the Legislation, not on emotion.

Lawyers, like all business people are in the business of making money. (and hopefully doing good along the way)

This is just me and maybe lawsuits are carried out differently in Mexico, but why would you love a job that has you in a position to sue them?
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Old 12-03-2010, 10:51 AM
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Phoenix: if she was here, it would matter. Also, I'm assuming you are an attorney. You must also know that she would actually have to prove her case. Anyone can file a lawsuit for any reason, but, as you also likely know if you practice, that is just a start. Her actions here would have a lot to do with the outcome of the case. Laws are wonderful, but interpretations of them vary from judge to judge most times.

I agree it does not hurt to speak to an attorney. Most plaintiffs attorneys, if they are ethical and good, won't take frivolous cases, whether in the US or not.
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Old 12-03-2010, 11:10 AM
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It may also be worthwhile to remember in this dire worldwide economic market, any of us that have a job are very lucky to have it, regardless of many extra hours.

There, I'm done.
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Old 12-03-2010, 11:34 AM
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I'll admit I am ignorant of things outside the scope of the US, but I'm still trying to wrap my head around 160 hours of overtime in one month, and unpaid at that.

How can an employer force someone to work 24 hours straight? Am I missing something?
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Old 12-03-2010, 12:13 PM
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I have done it freedom. When I was a manager and had public hearings the next day and the printer was acting up printing the info I had to have with me at 9am the next day for a county meeting with the public.
I babysat that damned printer all night. I did that for a week because I was working in a county other than my main project and just needed to spit the product out and go on. I did get a hotel and sleep for 2-3 hours a night after that first night.

Great workout for my legs tho" LOL
The computer stations were on the 3d floor of that courthouse and the printer was in the basement. Old courthouse ...no elevator.

I did get comp time.

I did it working at the resort too. Where it was like "the love boat" 3-4 days of constant meals, parties, meetings etc. I would get a room there (comped) and sleep in 2 hours shifts when I could. and I loved that job.
I couldn't do it anymore at my age now tho"!
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Old 12-03-2010, 01:10 PM
  # 26 (permalink)  
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Get snowed in at a hospital and it easy to get. And they'll be nice and give you a free t-shirt. Which I did not think at the time was a great bonus, but they did pay for every hour on the clock, just not the hours stuck there or the 4 hour break where we worked in shifts till they could get in some folks. It happens, you have to pack for every contingency when going to work in the winter. arghh. But right now I'd be so grateful to have a hospital job. Hopefully one day soon.
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Old 12-03-2010, 01:37 PM
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NYC chick, I don't think having your employees having accidents because you're demanding way more than what the contract says, is frivolous. Next you'll have someone else who gets seriously handicapped or dies because they fall asleep driving. How is that frivolous...?

Proof... I got all my emails being sent at EVERY hour of day AND night for WEEKS and all the records in our system. Also records about how I mentioned I was overwhelmed, going on for the last weeks.

Freedom its the IT industry! we are expected to work and be on-call 24hours a week for at least two weeks each month. Unfortunately if many problems happen at the same time you keep dragging them and if they happen in other sites as it was the case last month, you have to keep working with the local contacts in France, Australia,wherever and that means working at ALL times because there is always someone with an emergency. And you can never know beforehand how much hours its going to be, it can be something simple or a problem can go on for hours or days or weeks or months... Sigh!

gerry, to be more clear I love what I do I just think I and others have done overtime without compensation for way too long. I have no issues working weekends, or extra hours as long as I get compensation and that is not happening.

Anyway I don't want to get angry today. One good thing though- in this thread no one has been obsessed about alcoholism LOL
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Old 12-03-2010, 01:47 PM
  # 28 (permalink)  
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Thanks for the looking for another job suggestion- either I find something interesting or I realize I am lucky to have this one. Today a coworker told me about another opening in his team so maybe a lateral move is another option.

I agree I am lucky to have a job in my field. For now at least I am doing just what I can and leaving at 6pm sharp. Workaholic no more!
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Old 12-03-2010, 01:49 PM
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@Freedom, it does raise a good question though,.... what is it? we shutup and they EXPECT us to work it...the guilt trip? or the look of the threat of the job? scary crap out there...
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Old 12-03-2010, 04:59 PM
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TC: My point is, if you were that tired, it is easily argued that YOU should have taken responsibility for YOUR OWN life and actions and NOT driven home that day. There are cabs, public transportation and other options like napping at work before getting behind the wheel. I do not meant to be harsh, but I don't feel that is any more responsible than someone intoxicated getting behind the wheel. You were exhausted and impaired.

Also, you could have left your job and opted not to work those hours. You could have also refused to work those hours. We all have choices in life. You chose to stay and work the extra hours. Were you told you would be fired if you refused? If you are under contract, then there must be provisions regarding ending it and for what reasons. How is overtime typically handled?

Where is your responsibility? What part of YOUR ACTIONS do you own? Yes, I believe it's frivolous.

If this is not for you and you fear for your life, then find a new place to work. From what you have written above, it's been a problem for a long time. Your choice was to continue working like that. I'm not sure how your employer is responsible for that on the outside looking in.

Also: I have worked the same insane hours at a law firm. I did not want to bill 200-300 hours per month and live at work. I chose to leave. My life is much better for it.
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Old 12-16-2010, 03:30 PM
  # 31 (permalink)  
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Holidays helped me relax...

Yesterday high management called me and they talked to me, apologized because they knew my case was a special one and they seem very sincere.

They said they should have acted faster and feel guilty about what happened to me (they are opening 2 jobs in India to help during the night, that makes me VERY happy as I will be able to rest from now on!!) and that we need to communicate more about my workload.......... so far things have been more relaxed work-wise for me ...... so, I am happy.

"What gives me more peace?" in regards to ANY decision, has been a huge help for me and peace for me means moving on

Thanks for all the different perspectives & support !!
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Old 12-16-2010, 03:41 PM
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I'm late on this but where I work, and in fact wherever I've worked I've been responsible for my own health and safety, that includes talking to my superiors about any concerns before they become hazzards.
If I'm too tired I take leave or don't take extra hours.
If there are too many work pressures I speak to my line manager and work something out, and get it in writing there and then.
At the end of the day I know my own limits and if I just carry on regardless then it's no ones fault but my own.
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Old 12-16-2010, 03:50 PM
  # 33 (permalink)  
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If you don't work in IT for Wall street I don't think you'll get it.
Moderators please close this thread. We are beating a dead horse here...
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Old 12-16-2010, 05:58 PM
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