Yay a new job... wait "no weapons on company owned property"?!

flb_78 said:

This really digs at me.

It was GutShot and I who open carried into the Bardstown city counsel meeting, in violation of their illegal law which banned guns on all city property. We both could of been arrested that night on bogus charges.

Im not shying away from it, but if Drake is needing a job, then it's probably best to not rock the boat the 2nd day he works there. They can let him go at any time for no reason what so ever because he works for the temp agency, not the factory.

I know when I was out of work for 9 months, a job was much more important to me than being able to keep a gun on the dash of my car. I just kept in the glovebox and kept quiet about it, even though "company policy" was no guns on the property at all.

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My apologies, I should have said "Don't suggest we shy away from everything." I didn't mean that you are a hidden 2nd amendment supporter, we are all supporter of rights.

at 2:20pm I brought a printed document of the .PDF file from KRS 237.106 to the manager in charge, and informed him of their illegal policy.

I locked in and started work again at 2:30pm.

After first break at 4:30pm, went out and had a smoke, which is allowed. At 4:40pm, the building manager came over and informed me I was being moved from my position, to a different area of the building.

Before lunch at 7:30pm, my super visor asked me if I kept a firearm in my vehicle, I said yes, and told him about the state statue allowing it, and guided him to the state website to look it up himself. He let me have my lunch, didn't say a word to me after that.

A 9:56pm, my night shift temp agency rep came over along with the supervisor, and informed me I was being terminated for "poor work performance". I was escorted to my vehicle by the supervisor, and an armed security guard, who took my building ID pass card, and badge, and watched me leave the gated parking area.

As it stands right now, I am no longer employed by GK Services through NESCO temp agency.

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I find it a little more than funny, more along BS lines, that I was "let go" for "poor work performance" when the supervisor said it himself, a three year old could do this job with his eyes blindfolded not two days ago.

DrakeZ07 said:

at 2:20pm I brought a printed document of the .PDF file from KRS 237.106 to the manager in charge, and informed him of their illegal policy.

I locked in and started work again at 2:30pm.

After first break at 4:30pm, went out and had a smoke, which is allowed. At 4:40pm, the building manager came over and informed me I was being moved from my position, to a different area of the building.

Before lunch at 7:30pm, my super visor asked me if I kept a firearm in my vehicle, I said yes, and told
him about the state statue allowing it, and guided him to the state website to look it up himself. He let me have my lunch, didn't say a word to me after that.A 9:56pm, my night shift temp agency rep came over along with the supervisor, and informed me I was being terminated for "poor work performance". I was escorted to my vehicle by the supervisor, and an armed security guard, who took my building ID pass card, and badge, and watched me leave the gated parking area.

As it stands right now, I am no longer employed by GK Services through NESCO temp agency.

---


I find it a little more than funny, more along BS lines, that I was "let go" for "poor work performance" when the supervisor said it himself, a three year old could do this job with his eyes blindfolded not two days ago.

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Please, please, please tell me you recorded this evenings events? Even if you did not, I would be speaking with a lawyer Tom., and filing suit for damages. They would have to prove you were terminated for poor job performance, and being as you only worked a day and a half I doubt they could! Once you said you informed them of krs237.106, they asked if you kept a gun in your vehicle, and
suddenly you were fired, I do believe you would win this in court. Do not let them do this! It time employers realize they must abide by the law. I do hope you were recording being as you knew things would happen once you showed them the law. Your also gay, you can bring workplace discrimination into it, being gay is a protected class in Ky.

I don't think homosexuality is a protected class. I do hope you pursue this to some degree. Thanks for standing up for what is right, Drake! By the way, I think they I hiring for custodial work at McNabb Middle School there in Mt. Sterling.

Let's try to hook Drake up with a new job! In the meantime, it would be good for all of us to put the pressure on this company for their illegal maneuvers. It may not be prudent to reference this specific incident, but rather their company policy.

Well I will say you do have a fighting chance as they terminated you wrongfully. The fact after a day and a half they said you had poor work performance is a load of BS. You can't tell after less than 2 days to terminate someone for a so called poor performance. The fact they let you go after you showed them the law and how your legally allowed to have a firearm in your car states they did not like you. I would indeed speak to a lawyer and spill out the information that you just spoke of. The fact they don't have a valid reason to terminate you when you haven't had a proper week to work there means they didn't like be proven wrong. The fact you challenged there policy and figure people would be stupid, they took offense to some logic and common sense. If I were you I would call them up and demand your records there for the time you worked for the so called poor work performance. I really wish we all could jump in there and hassle the company, but I don't think it be very smart for all of us to get involved in a A to B situation.

I take it he hasn't been fired. He is asking for advice on how to get this policy overturned, not how he can get his job back.

09jisaac said:

I take it he hasn't been fired. He is asking for advice on how to get this policy overturned, not how he can get his job back.

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To put it frankly, and not to use their word play again; I *was* fired.

I'll search around for a good lawyer later today after I've had some sleep. I honestly doubt I have the funds to pursue a court action, let alone pay for an attorney to represent me, if nothing else, I could atleast take out an ad in the mt sterling paper about what they did, and garner some sort of support for a boycott, not that it matters really, their customers are people like TMMK, Delta and Continental airlines, and the military (more than a few digicam uniforms passed by my work station, didnt know digicam was in use yet/still).

How could I have recorded the events in a place where having a cellphone, or recording equipment is barred within the plant? Again, Company policy.

No, homosexuality isn't a protected anything in Kentucky, not even federally, and I'm German-American by blood, so no chance of using racial protection as a class. Since there is no state or federal law/act/statue that I know of, which bars firing an employee based on sexuality, that further rules things out.

And since it's a plant that has posters going on and on about how evil and bad unions are, and company policy barring organizing unions in their property, I doubt still being in the teamsters union from a long past job would have any benefit.

I appreciate the heads up on a job, I certainly don't want to go back to EMS anytime soon, and can only pursue any and all job relating leads.

DrakeZ07 said:

To put it frankly, and not to use their word play again; I *was* fired.

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Im sorry, I skipped over your post talking about you being fired and the others because I thought I already read them. At the moment I am broke, but if you have something set up I can spare $20 to help fight your legal battles.

Perhaps it's just a state employee deal, but I'm fairly certain I read in the paper work I received almost 5 years ago that stated employers could not discriminate on sexual orientation. Then again maybe I read it wrong, it was half a decade ago. Did they search you everytime you walked into the building? You were breaking company policy by keeping a firearm in your vehicle, what's the difference breaking policy by recording?

To people that don't believe he should have said anything, what's the point of having the law if a) employers are unaware it exists, and b) it's ineffective?

I would call and ask for your timesheets and any record of poor work performance. Even though you were only there 2 days they should still have an employee file for you.

If you can't afford an attorney, I'd say we cOuld figure some way to at least possibly get your job back.
If you'd even want it back.

Called up the temp office, talked to the person who hired me and accepted my applications, in his words; "We don't keep work records of new hires till they work through us for a couple weeks".

GK referred me to the temp office for work records.

Called my county attorney and got an hour appointment free of charge with them on Monday, I'll be gathering and writing down the events of the past few days, along with what I remember the super, manager, and temp rep saying; Used my phones recording program to record the temp agency stating they don't keep records, and of GK referring back to the temp.

I won't accept anything isaac, as far as money goes, I don't accept money if I cannot get it on my own... Unless you want some fun in the sun kidding, kidding, on the last part at least.

Perhaps a phone call to Michael Mitchell's lawyer is in order.

DrakeZ07 said:

at 2:20pm I brought a printed document of the .PDF file from KRS 237.106 to the manager in charge, and informed him of their illegal policy.

I locked in and started work again at 2:30pm.

After first break at 4:30pm, went out and had a smoke, which is allowed. At 4:40pm, the building manager came over and informed me I was being moved from my position, to a different area of the building.

Before lunch at 7:30pm, my super visor asked me if I kept a firearm in my vehicle, I said yes, and told him about the state statue allowing it, and guided him to the state website to look it up himself. He let me have my lunch, didn't say a word to me after that.

A 9:56pm, my night shift temp agency rep came over along with the supervisor, and informed me I was being terminated for "poor work performance". I was escorted to my vehicle by the supervisor, and an armed security guard, who took my building ID pass card, and badge, and watched me leave the gated parking area.

As it stands right now, I am no longer employed by GK Services through NESCO temp agency.

---

I find it a little more than funny, more along BS lines, that I was "let go" for "poor work performance" when the supervisor said it himself, a three year old could do this job with his eyes blindfolded not two days ago.

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This takes a dedication to principles that is beyond mere mortals! I wouldn't be able to do it. Best of luck with this!

Drake has no legal recourse against the factory. He was never hired by the factory, he only worked at the factory. He was hired by Nesco and that's who he works for. I know, because MY temp job was through Nesco. The checks are written by Nesco. It's also in the contract that temp employees can be let go at any time by the factory for any reason. Working through Nesco, it will always be a temp job. There are no benefits, No vacation, no insurance, no paid time off.

Also, when they let a temp employee go, the way Drake was handled in pretty much the same way it was handled at the factory I worked at. A supervisor and a security guard walked you to the door, took your company ID, and then watched you drive off of the property.

flb_78 said:

Drake has no legal recourse against the factory. He was never hired by the factory, he only worked at the factory. He was hired by Nesco and that's who he works for. I know, because MY temp job was through Nesco. The checks are written by Nesco. It's also in the contract that temp employees can be let go at any time by the factory for any reason. Working through Nesco, it will always be a temp job. There are no benefits, No vacation, no insurance, no paid time off.

Also, when they let a temp employee go, the way Drake was handled in pretty much the same way it was handled at the factory I worked at. A supervisor and a security guard walked you to the door, took your company ID, and then watched you drive off of the property.

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And here I thought I was special, what with the security treatment. Doesn't KRS 237.106 still hold the temp agency, and GK at large, liable? I have a strong work ethic, ask anyone I've worked with or for in the past, so I honestly doubt it was performance at issue, or attendance, I'm always 45mins early to a job site, >.<

Eh, oh well, back to the unemployment office.

Dude, is GKservices not the temp agency? Who's policy was this? I emailed GKservices about their policy---I am hoping you did not mislead us.

DrakeZ07 said:

I won't accept anything isaac, as far as money goes, I don't accept money if I cannot get it on my own... Unless you want some fun in the sun kidding, kidding, on the last part at least.

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If you don't want to take it that is fine, but I was one who suggested you do what you did and it got you fired. And I know how bad it is to be low on cash. I think we all know.

langzaiguy said:

Dude, is GKservices not the temp agency? Who's policy was this? I emailed GKservices about their policy---I am hoping you did not mislead us.

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GK is the factory. NESCO is the temp service that put him in the factory. GK had the 'no-firearms' policy. I know the NESCO office in Danville has a 'no-firearms' sign in their office as well.

He might have been paid by nesco, but nesco didn't fire him. The place he was working terminated him, they are an employer, and they violated state law. I do not think it matters if he was employed through a temp. Agency, his rights were violated. The ones that violated those rights are to be held accountable.