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Fired up Riverview Fla

Clearwater, FL

#1 Aug 6, 2012
Fired for misconduct but fought and won unemployment benefits (long story but) I was injured last year and had over $150,000 workers comp claim and I had been seeking correction to specialists commission average. They had based me on 12 months and it should have been 10. And my PDP score was 2.3 when my sales were up 17% even with injury. Any ideas? I am 64, dedicated kitchen designer and never a write up or issue just a hard working guy.
DMxMD

Gardner, KS

#2 Aug 6, 2012
Fired up Riverview Fla wrote:
Fired for misconduct but fought and won unemployment benefits (long story but) I was injured last year and had over $150,000 workers comp claim and I had been seeking correction to specialists commission average. They had based me on 12 months and it should have been 10. And my PDP score was 2.3 when my sales were up 17% even with injury. Any ideas? I am 64, dedicated kitchen designer and never a write up or issue just a hard working guy.
right to work state. Sorry. Unless you want to claim age discrimination, you don't have a case a lawyer would even touch. There's no money to be made. Your only chance at a lawsuit would be drumming up some accusations and going through the EEOC.

“Respect the Golden Rule”

Since: Dec 11

Location hidden

#3 Aug 7, 2012
DMxMD wrote:
<quoted text> right to work state. Sorry. Unless you want to claim age discrimination, you don't have a case a lawyer would even touch. There's no money to be made. Your only chance at a lawsuit would be drumming up some accusations and going through the EEOC.
DMxMD ... I don't know where on earth you get your info buddy, but you better check up on your facts before you post some of the misinformation you do. If you think that just because someone works in a "right to work" state, that age discrimination is the only protection afforded an employee under federal law, you are way off base.
nedm

Pembroke, MA

#4 Aug 7, 2012
There's plenty more than just age discrimination. Look up what "protected class" means on the federal level. Lowes has to comply by federal level due to interstate commerce clause unless they ONLY want to operate in NC.

I too know someone that was fired on a bum charge and lowes tried to deny unemployment. He won a few years and was allowed to work at the same time (boy did they screw up!). Not so much discrimination but a dumb sm having his way.

Did you really want to go back to the exact ame store though?
Devils Fan

United States

#5 Aug 7, 2012
beLOWthebelt wrote:
<quoted text>
DMxMD ... I don't know where on earth you get your info buddy, but you better check up on your facts before you post some of the misinformation you do. If you think that just because someone works in a "right to work" state, that age discrimination is the only protection afforded an employee under federal law, you are way off base.
Agreed! There are but a handful of states that are not right to work so why is it there is thousands of ex employees going after their old employer? Been in this business a long long time and right to work only benefits the employee. Unless an employee tells a customer or manager to fuck off and then burns the building down it is difficult to get rid of someone. DMxMD, if Lowes has a right to use right to work then why oh why are there people in my store that call off all the time, always late, never meets quotes, never zones their dept, cocky towards customers and cusses like a sailor on the sales floor? This isn't just my store I'm at now but has been the case in the five stores I have been at. I'm waiting for a GOOD reply.
DMxMD

Gardner, KS

#6 Aug 7, 2012
Oh my god, you're all idiots. This just proved it. Listen to a talk radio legal advice show, or call a lawyer up for a "free consult" and see if you can get one to bite on a case related to an employee termination. Yes, there are more laws, but a business in a right to work state never gets sued for the termination its self. It has to be something discrimination related before a lawyer will get anywhere near it. There's no money to be made when you're only suing for your job back and a few weeks of lost wages. I know this for a fact. I saw my mother go through it with a different employer.

Nedm, I'm sure you googled a thousand different laws that can protect employees. Before you go to the trouble of listing them all, first, I know. Second, I said nothing about the op not being in another protected class that might exist. I simply said the best case, or at least easiest to prove is discrimination, which any protected class related case would fall under. You can go the Walmart route and claim its because you're a woman if you want. I don't care. I was simply saying its a hard case to make because there's nothing illegal about firing someone as long as you didn't do it for an illegal reason. Breaking a policy is not breaking a law.

And anyone that thinks right to work or "at will" laws benefit the employee is stupid, or at least ignorant of the laws. All they are are laws designed to stop employment termination lawsuits before they start. They simply say the employment relationship can be terminated by either party at any time, for any reason or no reason at all. You don't see companies trying to sue employees when they quit. The company has the same right to a lawsuit free firing.

In short, take a HR management class at your local community college. You'll see you're wrong and I'm right. Every employee that gets fired is pissed. It's understandable. And every employee that gets fired tells everyone they know that they're gonna get revenge and show the company that it was wrong by suing in an attempt to save face. These people never make it past the phone consult with a lawyer unless they want to pay upfront and out of pocket
nedm

Pembroke, MA

#7 Aug 7, 2012
"Nedm, I'm sure you googled a thousand different laws that can protect employees. Before you go to the trouble of listing them all, first, I know."

You know what? Could you provide us with a complete sentence please. There is nothing wrong with using a search agent to get results. Did you memorize the whole internet? Is the internet a oral tradition to you?

"Second, I said nothing about the op not being in another protected class that might exist. I simply said the best case, or at least easiest to prove is discrimination, which any protected class related case would fall under. You can go the Walmart route and claim its because you're a woman if you want. I don't care. I was simply saying its a hard case to make because there's nothing illegal about firing someone as long as you didn't do it for an illegal reason. Breaking a policy is not breaking a law."

True as where I was there was a lazy manager that first blamed being written up on being hispanic (there were others) and then on being diabetic (there are dozens with diabeties here). But if you can prove it then it can fit.

"You don't see companies trying to sue employees when they quit. The company has the same right to a lawsuit free firing."

Actually yeah I kinda have. What happens is there can be non disclosure agreements or non competitive agreements. In some ways this is death of employment. I have friends that work in the drug industry and if they leave to go to a competitor they cannot come back for two years, even if they are let go from that competitor.

"These people never make it past the phone consult with a lawyer unless they want to pay upfront and out of pocket"

Or unless you have a number of law schools around and people work pro bono for their case. There is also the aspect of a class action which actually brought down the variable overtime long ago. So if there is a established pattern of behavior that can make for a stronger claim.

I don't know how the labor conditions are where you guys are but here most that leave lowes did so on their own terms. Very few are ever fired. There was one for threatening another employee, one for being late (30+ minutes) every day etc. It's mostly just a evolving door for cash money.

“Respect the Golden Rule”

Since: Dec 11

Location hidden

#8 Aug 7, 2012
Is there anyone here in their right mind who would want to work for a narrow-focused manager like DMxMD, who I'm sure knows every "law in the book" (P&P) and doesn't hesitate to enforce each and every Lowe's policy to a "T" without hesitation or deviation? It's managers like him that are adding to the morale problem that is helping to drag Lowe's down into the gutter and causing those employees under their supervision to hate to come to work.

Yeah, talk about idiots. Apples fall from apple trees.
Current Employee

Enid, OK

#9 Aug 7, 2012
Been reading this board for a long, long time.

DMxMD is one of the reasons I still read it, a "sane" voice of reason...and he's right your all a bunch of FLAMING idiots.

Ok Ill go back to lurking now.
nedm

Pembroke, MA

#10 Aug 7, 2012
There's nothing wrong with being policy focused.

But that is also implying that policies are all legal. Where I was people called out the company when they ripped us off on OT on a holiday. Now "policy" says no OT. Law says otherwise. They cut us a check within half a day to everyone that earned it.

Lowe's does not have a good track record in court. A simple Lexis Nexis database search will show this (most places of higher education and significant libraries have this for free).
FormerSM

Fort Wayne, IN

#11 Aug 7, 2012
Current Employee wrote:
Been reading this board for a long, long time.
DMxMD is one of the reasons I still read it, a "sane" voice of reason...and he's right your all a bunch of FLAMING idiots.
Ok Ill go back to lurking now.
I'm thinking about going back to lurking as well but first, a couple of points. You all get fired up at DM's tone and lose sight of what he's saying. I see someone who wants to get through the day without someone whining about something. I would bet all of my years of experience that DM is good to work for. He expects people to work hard and works hard as well. He's frustrated like you all are.

Nedm...if you're going to correct DM's sentence structure (which is correct by the way. You're reading it incorrectly) then correct your own use of grammar. For someone who had 12 Masters degrees, a PHD, and who knows what else , then you would know that when you said "a oral", you really meant to say "an oral". I, nedm, am an English major. Any misspellings you may find are courtesy of self correct on this I phone.....:)

I try to stay above the name calling but nedm, you're something else. You always seem to have a friend who, or knows someone that, and heard about this, but I can't recall you ever having any actual first hand experience with these issues. You left 5 years ago and you achieved the lofty heights of a team leader ( a CSA earning a few more bucks with no authority or responsibility). Any first hand knowledge you have is so old it isn't relevant.

Here's how I visualize you: probably a little guy, leaning towards a slightly grungy look. May be gay, but not sure. You believe Al Gore invented the Internet, you try to live "green", you are a liberal so you welcome anyone and everyone, but you despise the religious right , you spend an inordinate amount of time on your laptop, drink girly drinks at Starbucks , and drive a Prious or electric car. Humor me.....am I close?
Matrix

North Port, FL

#12 Aug 7, 2012
DMxMD is right! Just. Because its not a popular stance orcomment doesn't make it wrong. Lowes has policy that is followed by HR. If the people that do nothing are still around it falls squarely on your management teams shoulders.

Since: Jul 11

Location hidden

#13 Aug 7, 2012
FormerSM wrote:
<quoted text>
I'm thinking about going back to lurking as well but first, a couple of points. You all get fired up at DM's tone and lose sight of what he's saying. I see someone who wants to get through the day without someone whining about something. I would bet all of my years of experience that DM is good to work for. He expects people to work hard and works hard as well. He's frustrated like you all are.
Nedm...if you're going to correct DM's sentence structure (which is correct by the way. You're reading it incorrectly) then correct your own use of grammar. For someone who had 12 Masters degrees, a PHD, and who knows what else , then you would know that when you said "a oral", you really meant to say "an oral". I, nedm, am an English major. Any misspellings you may find are courtesy of self correct on this I phone.....:)
I try to stay above the name calling but nedm, you're something else. You always seem to have a friend who, or knows someone that, and heard about this, but I can't recall you ever having any actual first hand experience with these issues. You left 5 years ago and you achieved the lofty heights of a team leader ( a CSA earning a few more bucks with no authority or responsibility). Any first hand knowledge you have is so old it isn't relevant.
Here's how I visualize you: probably a little guy, leaning towards a slightly grungy look. May be gay, but not sure. You believe Al Gore invented the Internet, you try to live "green", you are a liberal so you welcome anyone and everyone, but you despise the religious right , you spend an inordinate amount of time on your laptop, drink girly drinks at Starbucks , and drive a Prious or electric car. Humor me.....am I close?
The "gay" comment is unnecessary and irrelevant. Word to the wise, in this PC world a slip like that in a different venue might bite you in the ass.

I understand the "nedm" frustration, but keep in mind it's an open forum and you can choose not to pay attention to ANY post, as I'm slowly learning to do.
FormerSM

Fort Wayne, IN

#14 Aug 7, 2012
exmanager wrote:
<quoted text>
The "gay" comment is unnecessary and irrelevant. Word to the wise, in this PC world a slip like that in a different venue might bite you in the ass.
I understand the "nedm" frustration, but keep in mind it's an open forum and you can choose not to pay attention to ANY post, as I'm slowly learning to do.
Give me some credit dummy. The gay wasn't meant as an insult. Just a mental picture I have of him. And frankly I don't care nor do I subscribe to the PC world. I'm sick of being told not to hurt little Johnny's feelings. I have not had the success that I've had in my career by not playing by the rules in the workplace so spare me the lecture.

Since: Jul 11

Location hidden

#15 Aug 7, 2012
FormerSM wrote:
<quoted text>
Give me some credit dummy. The gay wasn't meant as an insult. Just a mental picture I have of him. And frankly I don't care nor do I subscribe to the PC world. I'm sick of being told not to hurt little Johnny's feelings. I have not had the success that I've had in my career by not playing by the rules in the workplace so spare me the lecture.
Clever, who helped you?

Since: Jul 11

Location hidden

#16 Aug 7, 2012
Furthermore.... You entered this forum under the pretense of being an experienced, helpful resource, having purportedly been a high achieving SM that chose to move on. After your last post I'd seriously question all of that. If you actually worked for Lowes as a SM you'd have been acutely aware of their lack of tolerance for the caveman act you display.

It is a PC world, especially in the public marketplace tough guy. Based on the time you spend here I'd hazard a guess you spend a good part of your day at an employment agency. Don't bother to respond, I won't see it.
nedm

Pembroke, MA

#17 Aug 7, 2012
"Nedm...if you're going to correct DM's sentence structure (which is correct by the way. You're reading it incorrectly) then correct your own use of grammar. For someone who had 12 Masters degrees, a PHD, and who knows what else , then you would know that when you said "a oral", you really meant to say "an oral". I, nedm, am an English major. Any misspellings you may find are courtesy of self correct on this I phone.....:)"

English major eh. Well that explains everything. English majors for those that don't know tend to be the most radical. Just look at Chomsky. He can write a fair amount but there are those that honestly think he teaches government, history or political science, he doesn't. I have been to MIT (laser museum is pretty nice) and they are open with who teaches what.

"I try to stay above the name calling but nedm, you're something else. You always seem to have a friend who, or knows someone that, and heard about this, but I can't recall you ever having any actual first hand experience with these issues."

Well I rather not say exact names if that is what you mean. Remember in life it is not someones personal experiences that have value but someone elses. Otherwise everyone would listen to every song, read every book watch every movie, eat every food and no opinion would hold any real weight. Yes I do have experience in the issues I present.

"You left 5 years ago and you achieved the lofty heights of a team leader ( a CSA earning a few more bucks with no authority or responsibility). Any first hand knowledge you have is so old it isn't relevant."

No responsibility? How would you know? I was given a key for Christ sake. An sm cannot leave the store unless all keys are accounted for. I had a department manager that would be out for days at a time frequently. If DMx had his way he would have fired him..but since you say policy is flexible he was kept on. So I had to do his job. IRP, Price audit, cycle counts, ordering sos, zone recovery..all me. I was the only full timer in the department. Heck staffing can be so low here some end up as the only person in three or four departments!

"Here's how I visualize you: probably a little guy, leaning towards a slightly grungy look. May be gay, but not sure."

Actually I'm straight. I don't have to defend my masculinity or heterosexuality to anyone. Being called or assumed to be gay I don't take as a insult, it is 2012.

Little? I am 5'9. Yeah I'm not NBA height but I'm not as small as one of the duggers either. Grungy well I haven't shaved today but I usually go every other day with a oldschool safety razor. I've heard from some I look seven or so years younger. I hit the gym a few times a week, nothing too crazy mostly cardio and some weights.

"You believe Al Gore invented the Internet"

Nope. Sorry pal I don't. I know this because I have the 2600 book and have a AS in CS.

"you try to live "green""

Curbside recycling is townwide..heck county wide almost. I compost stuff but that's to grow a garden and last I checked a fair amount of people do that. It isn't so much being green but it's cheaper than buying other stuff. Ask someone in oslg sometime

"you are a liberal so you welcome anyone and everyone"
Actually that's NOT the defnition of liberal. I consider myself libertarian. If you want to smoke, drink, get an abortion, swear, make a movie, get a tat etc. I could care less. Do what you want as long as it doesn't physically harm others.

"but you despise the religious right"

But EVERYONE hates the religious right. Why do you think the religious left has developed? Religion is fine but don't use it to press beliefs on others. Otherwise that then becomes Iran. There is not a single court in this country that would uphold "God's Law", go ahead and try.
nedm

Pembroke, MA

#18 Aug 7, 2012
"you spend an inordinate amount of time on your laptop"
You assume that all computers are at home or that this is the 1990's. The internet is everywhere. Mcdonalds, starbucks...heck even lowes

"drink girly drinks at Starbucks"

Half true. I drink coffee black. I don't go for the fat filled stuff. It's pretty damn strong. Try some sumatra.

"drive a Prious or electric car. Humor me.....am I close?"
A compact car but I get decent milage. There's no reason for me to get a hybrid since it runs and it wouldn't be cost effective.

Ft Wayne eh. Maybe Hoosers is your favorite film. Most of your economy there is governmental based. GM is government owned and nearly broke again, the university system and defense contractors.

I'd assume you work at a Do It Best or maybe a Menards now You don't see the depot type. For all I know you could be a okie from the Grapes of Wrath.

Sometimes it is funny to hear people make assumptions about different areas of the country. We make a fair amount of the guns in the country (springfield), healthcare (we have most of the specialists), train much of the military (west point) and pay much of the taxes for the country (especially NJ),
Devils Fan

United States

#19 Aug 7, 2012
Geez, can't believe all of the reach arounds going on in here! Don't understand why you guys go after nedm's balls about his use of Google. Who doesn't use Google?
Can anyone yet tell me why the people I mentioned in my previous comment still work at Lowes? GA is a right to work but yet they still work here. Anyone? Oh, and they are white too.

“Respect the Golden Rule”

Since: Dec 11

Location hidden

#20 Aug 8, 2012
The people on this board who take nedm to task and toss those unnecessary and personal unbecoming remarks and personal attacks in his direction couldn't hold a candle to his intelligence level or his ability to advance coherent arguments against some of the lunacy thats posted here. So he doesn't work at Lowe's any longer. What's the point of that criticism? Can only current Lowe's employees offer their personal reflections on what's going on in Lowe's-land or the world in general and then suddenly that make their observations credible. People in glass houses ....

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