boycott hurricane marina!! read this

boycott hurricane marina!! read this

Posted in the Cookeville Forum

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Since: Apr 11

United States

#1 Apr 7, 2011
This is a call to any of you with any sense of patriotism. Recently a good friend of mine, who is a member of the national guard and recently returned from a deployment in Iraq, applied for a night watchmen position at Hurricane Marina. He was contacted the following day and asked if he was still active in the National Guard. He told them that he was indeed still enlisted but assured them that his obligations were only one weekend a month. He was then told that they would not give him the job because he needed to be there every weekend. I will not use his name because I haven't asked his permission to do this, but he has struggled to find work since the 101st has arrived home. Knowing that he needed the job, he decided to drive down to the marina and plead his case. Prior to him going I informed him that being denied employment because of military service is in fact against the law. We decided to research said law and as a last resort sent him with that knowledge as a last resort. He was introduced to the owner and again denied employment. The owner told him that as his wife had already explained, they would not hire him due to him being obligated to national guard service. When he made mention of the law that was clearly being broken, the owner became irate. He began cursing at him and told him "you don't bring that sh*t down here!" he then told him to get his ass in his truck and get the hell out of there! I assure you that all of this information is accurate and being told for the right reason. I've never used this site for gossip or to start vindictive rumors to harm anyone. I infact just opened an account to reach out to any decent patriotic Americans that will see the unjust wrong doing in this that I have. In the week since this has happened, I've wrestled with ideas of what to do. I know others that work at hurricane and I don't want to impact their jobs in a negative way but these owners need to know that the citizens in this area won't sit back and allow our troops to be done this way. Our troops make the ultimate sacrifice for you and I and rarely ask for anything in return. I ask all of you as brothers and sisters to unite and try to bring some right to this unjust situation. Pick up your phone and call Hurricane marina and ask them to explain why they don't hire our service men and women. Tell them that you plan on taking your business to Cookeville Boat dock. I know the family that operates cookeville boat dock and I assure you that they wouldn't deny a job to a soldier because of his obligations to train and keep our families safe. If you don't want to call then please write a letter. Send a letter to the editorial, just do something. Let's unite as a community should and protect those that protect us.

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get real

United States

#2 Apr 7, 2011
You can't apply for a job and then tell them when you're willing to work. Peoples sense of entitlement these days is amazing.

Since: Apr 11

United States

#3 Apr 7, 2011
get real wrote:
You can't apply for a job and then tell them when you're willing to work. Peoples sense of entitlement these days is amazing.
.

I believe he has earned his entitlement idiot. It isn't missing work to go to a concert. It's training to keep even liberal idiots such as yourself safe on your own soil. It's a law for a reason
get real

United States

#5 Apr 7, 2011
They have to let you leave for duty after they hire you but they don't have to hire you to start with. I run a company and if I'm looking for weekend coverage and the guy says he can't work weekends my next word is "bye".

Again americans sense of entitlement is amazing.

Use some common sense.
Good Lord

Mcminnville, TN

#6 Apr 7, 2011
The_Reg wrote:
<quoted text>.
I believe he has earned his entitlement idiot. It isn't missing work to go to a concert. It's training to keep even liberal idiots such as yourself safe on your own soil. It's a law for a reason
You are insane. Nice job grasping at straws there with your "liberal idiots" comment. I don't recall the person who responded to you ever stating their political affiliation. For all anybody knows, they're a teabagger who just happens to have an ounce of common sense. At-Will employment exists for a reason. You can't force someone to give you a job, especially if you aren't even available to work during the shifts that need to be covered.
Come on ppl

Lexington, TN

#7 Apr 7, 2011
I love it when somebody gets on here and tries to make the op look ignorant when in fact it shows their own ignorance.
TN may be an at-will state but there are still non discrimination laws.
The owner doesn't have to hire anyone they don't want to. And if he couldn't be there every weekend I understand him not getting the job.
However, The owner broke the law by stating he wasn't getting the job because he was active military. Just like you cannot tell someone your not hiring them because their fat, You cannot legally say "You serve our country 1 weekend a month were not hiring you"
And ANYONE in any business would know that.
get real

United States

#8 Apr 8, 2011
Well we don't know the owner did tell him he wouldn't hire him because he was in the military. That just be the way the OP is telling it.
Most likely the guy was told he wouldn't be hired because he couldn't work the weekends as needed and then the guy extrapolated that into the tale he is telling now.

I wouldn't hire a guy in the service. Not only do they leave regularly they can also be called up at any time.

People have to realize they can't have everything all the time. We americans feel so entitled we think there's no limits. There are.
Report Abuse

Cookeville, TN

#9 Apr 8, 2011
Get real, he can't work some weekends and the job is during weekends. He needs to find a job working during the week...Geez! Just because he's in the guard doesn't make him anyhing special! If he needs a job that bad, he needs to go back and sign up for active duty. My son enlisted in the Airforce because he coulbn't find work. He is now getting a paycheck.
youll notice

United States

#10 Apr 8, 2011
Some guys can do 3 years in the service and never forget to remind you about it.

Others can serve a lifetime and never bring it up unless asked .

Hurricane

Norway, SC

#11 Apr 8, 2011
Isnt Hurricane where that genius Al Gore keeps his boat? Thats good enough reason for me to avoid it.
Geeze

Mcminnville, TN

#12 Apr 8, 2011
Give me a break, dude. I had to put up with douchebags like this 24x7 over in Iraq who joined the military solely because of the respect and honor they think everyone would have to give them when they got home. News Flash: All of those things have to be earned on an individual basis. I don't see people kissing the ass of every fire fighter, police officer, and paramedic they come across even though protecting a country from itself is just as dangerous. I also don't see anyone in those lines of work exhibiting the level of entitlement that is being displayed here. What's the difference? Maybe they don't wear ACUs but they sure as hell put their lives on the line for a living.

In response to the "soldier" who blew this whole thing out of proportion, get over yourself. If you can't work weekends then you can't work weekends. What are you expecting the marina to do? Pay you for doing nothing? Maybe I should go up to McDonalds and tell them I'd like to work Monday through Thusday from 5pm-9pm and ask them if it's alright that I don't come in because I have class on those nights during those hours. THAT is the same level of logic that is being portrayed here.

Since: Apr 11

United States

#13 Apr 8, 2011
First off, the soldier didn't blow anything out of proportion. The soldier didn't do anything wrong but try to get hired on with a bunch like that. He didn't ask for any special treatment, he didn't make this post either. He hasn't reminded anyone what he's done or the sacrifices he has made. As a decent human being and someone with a family I feel yes they are e entitled to a break. The job wasn't just a weekend job. It's during the week and night watchmen position over night. I know one or two others that they have hired for the same position and you can rest assured that after going to school with them and knowing their habits they will miss more than a weekend once a month. I'm embaraased to walk around and brush soldiers with some of you. You are what's wrong with this country and a good part of the reason that it's in shambles. There is no sense of community anymore. It's because of he and others like him that you have the freedom to go home at night and share your opinion on your computer as ridiculous as it may be. Yes he's signed a contract to protect you and your family and when not over seas he trains once a month to keep his skill sets sharp. The ridiculous thing is that some of you think that should disqualify him from any available job that has a weekend shift. How many jobs are out there now that don't require some occasional weekends? Not many! Listen as I said before nothing about this was re told the wrong way. I was there visiting when they called him and told him it was because of his service. They would rather hire some kid who will be partying in the ops with drunks and missing work when his friends have summer parties than a diligent hard working vet so personally I'll take my business elsewhere. Like I said I'm ashamedto be from a community that shows such little support for someone willingto do what he has. And to the guy that said he owns a "business" and talked about how us "Americans" think we are so entitled, please do share what business you supposedly have so I can boycott you too since apparently you have a problem with us "Americans."

Since: Apr 11

United States

#14 Apr 8, 2011
Let me share this with you who have no actual knowledge on the subject but merely want to share your stupid opinion.....

The Uniformed Services Employment and Re-employment Rights Act, or USERRA, applies to all employers, regardless of size, including U.S.-controlled or U.S.-owned companies overseas.

Reservists are protected under the law as follows:

• Employers may not deny employment, re-employment, retention in employment, promotion or any other benefit of employment because of past or present membership in the armed forces or intent to join the military. This applies to active and reserve service, whether voluntary or involuntary. Employers must grant time off for military duty. Upon completion of military service, reservists must be given their civilian jobs back, provided that they meet the basic eligibility criteria of the re-employment rights law. Upon re-employment, reservists generally are entitled to the seniority status and pay rate they would have attained had they not been absent.

• Employers must make “reasonable efforts” to train or retrain returning employees and accommodate any disabilities incurred or aggravated during military service.

• National Committee for Employer Support of the Guard and Reserve. This Defense Department agency gains and maintains employers’ support for the Guard and Reserve by recognizing outstanding support, increasing awareness of the law, and resolving conflict through mediation.

Now this is an excerpt from Business management daily..

Q. Can we refuse to hire a qualified applicant who has told us her National Guard duty conflicts with some of the weekends she would be required to work? Employees in this job bid for rotating scheduled weekends under a union contract seniority system. The applicant’s schedule for Guard duty is not flexible.

A. Probably not. There is no known legal precedent addressing this issue, and it would be risky to deny employment to the applicant on this basis.

The Uniformed Services Employment and Reemployment Rights Act (USERRA)—the federal law requiring military leave—prohibits an employer from denying initial employment to a person on the basis of her “membership, application for membership, performance of service, application for service, or obligation for service in the uniformed services [including the National Guard].”

Although you might argue that you would be denying employment because this person can’t work the available hours—and not because of her military service—that probably won’t win the day if the applicant seeks to enforce her USERRA rights.

Under the law, you will probably be expected to rearrange the rotation to accommodate the woman’s service obligations. The better practice here would be for you to talk with the other employees in the weekend rotation (and their union) to rearrange the schedule to avoid any conflict with the Guard service.
get real

United States

#15 Apr 8, 2011
I'm an American but most certainly of an older generation since it seems to be the younger bunch that feel everyone owes them something.

Seems like you didn't get much support for your original post so now you turn it into a personal attack. Also typical of your type.

Since: Apr 11

United States

#16 Apr 8, 2011
This is from the employer resource guide..

Does USERRA protect against discrimination in initial hiring decisions?
Yes. A person, institution, organization, or other entity that has denied initial employment to an individual is in violation of USERRA’s anti-discrimination provisions. Under the act, an employer need not actually employ an individual to be his or her “employer,” if initial employment was denied on the basis of the individual’s military affiliation application for membership, performance of service, application for service, or obligation for service in the uniformed services. For example, if the individual has been denied initial employment because of his or her obligations as a member of the National Guard or Reserve, the company or entity denying employment is an employer for purposes of USERRA. Similarly, if an entity withdraws an offer of employment because the individual is called upon to fulfill an obligation in the uniformed services, the entity withdrawing the employment offer is an employer for purposes of USERRA.

17.Who is covered by the Act?

&#9702;USERRA covers virtually all employers and includes any person, institution, organization or other entity that pays salary or wages for work performed or that has control over employment opportunities or any person, institution, organization or other entity to whom an employer has delegated employment-related responsibilities. USERRA protects employees who must be absent from employment by reason of service in the uniformed services. Such service includes active duty, active duty for training, initial active duty for training, inactive duty training, full-time National Guard duty, and any period for which an employee is absent from his or her position for an examination to determine his or her fitness for any duty listed above. "Uniformed services" comprises the Armed Forces, Army and Air National Guard (when engaged in active duty for training, inactive duty training, or full-time National Guard duty), the Public Health Service Commission Corps and any other category of persons that the President of the United States designates during war or emergency.

17.What type of discrimination is prohibited by USERRA?

&#9702;USERRA prohibits employers from failing or refusing to hire, re-employ, retain, promote or provide any other benefit of employment, if a motivating factor for the decision is the individual's membership, application for membership, past, present or future performance, application or obligation to perform service in the uniformed services. Also, the Act prohibits employers from taking adverse employment against any person because the person exercises a right under the Act, acts to enforce a protection of the Act, gives testimony or a statement in connection with any proceeding under the Act or otherwise assists or participates in an investigation under the Act.

I think ive provided enough FACTUAL documentation to adequately support my argument. Its all here in black and white and clearly the law has been broken. And for the guy who claimed he was an iraq veteran and made the comment about Mcdonalds...If you were actually a veteran sir you would have clear knowledge of this act. Id say if you dont already work at Mcdonalds from 5 to 9, you should be.
Report Abuse

Cookeville, TN

#17 Apr 8, 2011
The_Reg wrote:
First off, the soldier didn't blow anything out of proportion. The soldier didn't do anything wrong but try to get hired on with a bunch like that. He didn't ask for any special treatment, he didn't make this post either. He hasn't reminded anyone what he's done or the sacrifices he has made. As a decent human being and someone with a family I feel yes they are e entitled to a break. The job wasn't just a weekend job. It's during the week and night watchmen position over night. I know one or two others that they have hired for the same position and you can rest assured that after going to school with them and knowing their habits they will miss more than a weekend once a month. I'm embaraased to walk around and brush soldiers with some of you. You are what's wrong with this country and a good part of the reason that it's in shambles. There is no sense of community anymore. It's because of he and others like him that you have the freedom to go home at night and share your opinion on your computer as ridiculous as it may be. Yes he's signed a contract to protect you and your family and when not over seas he trains once a month to keep his skill sets sharp. The ridiculous thing is that some of you think that should disqualify him from any available job that has a weekend shift. How many jobs are out there now that don't require some occasional weekends? Not many! Listen as I said before nothing about this was re told the wrong way. I was there visiting when they called him and told him it was because of his service. They would rather hire some kid who will be partying in the ops with drunks and missing work when his friends have summer parties than a diligent hard working vet so personally I'll take my business elsewhere. Like I said I'm ashamedto be from a community that shows such little support for someone willingto do what he has. And to the guy that said he owns a "business" and talked about how us "Americans" think we are so entitled, please do share what business you supposedly have so I can boycott you too since apparently you have a problem with us "Americans."
Your preaching to the choir, If you feel so stronge about this, hire a lawyer (one that will do the due dillegence gratis), contact the Civil Liberties Board, if you feel so cheated. Or, tell your friend to go to active duty. Problem solved. I have my boat docked there and won't be boycotting them over this, plain and simple. Boycotting is not the answer, legal action on your friends part is. Tell him to grow a pair or move on!!
get real

United States

#18 Apr 8, 2011
All the employer has to say is "its not because he's in the guard,its because he can't work weekends". If the employer maintains a job description of the position that states weekend work will be required then its over.

You can not force an employer to create a special job just to cater to the times you're willing to work. Look that up.

Secondly you won't win any fans by putting down folks who work at mcdonalds--lots of us started in fast food. I did. Now I run my own company. I worked 23 years at the place until I acquired it. I worked weekends holidays nights whenever I was scheduled whatever shift that I was put on. Never once did I come in and tell the boss man when I was willing to work. He would have punched me in my snot nose and booted my ass out the door. And rightly so.
Stew Pid

Cookeville, TN

#19 Apr 8, 2011
Come on ppl wrote:
I love it when somebody gets on here and tries to make the op look ignorant when in fact it shows their own ignorance.
TN may be an at-will state but there are still non discrimination laws.
The owner doesn't have to hire anyone they don't want to. And if he couldn't be there every weekend I understand him not getting the job.
However, The owner broke the law by stating he wasn't getting the job because he was active military. Just like you cannot tell someone your not hiring them because their fat, You cannot legally say "You serve our country 1 weekend a month were not hiring you"
And ANYONE in any business would know that.
Wouldn't it be hilarious if you were wrong about something? Can you please show us the law that makes it illegal to discriminate against fat people?
Stew Pid

Cookeville, TN

#20 Apr 8, 2011
Just my opinion, but I think the employer would invoke the "undue hardship" clause:

Undue hardship Section 4312(d)(1)(B).
Employers are excused from making efforts to qualify returning service members or from accommodating individuals with service connected disabilities when doing so would be of such difficulty or expense as to cause "undue hardship."
Geeze

Mcminnville, TN

#21 Apr 8, 2011
What we have here is a grown-ass adult with the mentality of a 12 year old. As "get real" has said, being in the military does not give a person the right to demand employment when they aren't even able to cover the shifts that are required of them. Might I add that whole thing about there being hardly any jobs available without weekend shifts is bullshit. It's called applying at APCOM, Averitt, UPS, Tutco, the list goes on.

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