• There has been a recent cluster of spammers accessing BARFer accounts and posting spam. To safeguard your account, please consider changing your password. It would be even better to take the additional step of enabling 2 Factor Authentication (2FA) on your BARF account. Read more here.

Fired for Riding Moto to Work

This woman sounds like the kind of person I wouldn't want to work for. Give a shit about how I get to work? This just conjures up the endless 'BUT DERR MOTORCYCLES ARE DANGEROUS DERR' dickheads that surround us everywhere. There is only one way to deal with those people, and you can find it on your hand between your ring and index finger.
 
Demand your contracted wage, and back pay for the difference they skimmed. They are the ones who messed up, not you.

Lots of jobs require "reliable transportation." Does public transit count?
 
busjohn said:
Sorry to hear. Unless it specifically state "no motorcycle" on the job in writing somewhere, she's the problem. She acted like no one ever gets hurt or died driving a car. :rolleyes
Click to expand...

Around 30,000-40,000 people per year in the U.S., dead as a doornail from being in a car. That's the population of a good-sized city...gone. Better not drive a car to work, it's dangerous. :p
 
FoolishMortal said:
If she's not expected to have a car available, why would owning a car be a condition of employment?
Click to expand...
For the times she needs to take the person to previously arranged appointments but not required for everyday use as she seems to be okay taking BART
 
Again Heather I am willing to listen to what you have to say and help you with this if that is what you want.

You did get the job back, you do know her demeanor and her actions. She can not fire you unless you did something against your contract on purpose. She could lay you off for not being able to do your job, provide transportation, but that is only if it was a part of your requirements of employment. Again, unless you agreed not to ride your bike she can not fire you.

If you work for an agency she cant fire you anyway that can only be done by your agency.
 
She should absolutely apologize to your bike and she should have to kiss the tank. If she doesn't, quit.
 
FoolishMortal said:
In that case, you can pursue a wrongful termination suit.
Click to expand...

Nope. In California, you can fire anyone for any fucking thing as long as it isn't race, religion, color, national origin, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation.

You eat noodles for lunch? Fired. You like to wear a jacket when it is cold? Fired.

The breach of contract thing is pretty weak though. Owning a car is sufficient to meet the demands of the contract. That the car was getting its brakes done doesn't breach that contract.
 
Last edited:
I am so sorry this happened to the op. I am sure it was a terrible experience.

I feel that if the job isn't a good fit, then just find another. I personally would not get attorneys and courts involved.

From my experience, There is a difference between "fire" and "lay off" in California. Fire doesn't include unemployment, and is the one that is more risky for wrongful termination litigation as an employer. This is why some California employers don't even give a reason for termination. They just lay you off, no reason. Cheaper to pay unemployment taxes as an employer, then wrongful termination litigation.
 
ClrCreekRdr said:
I am so sorry this happened to the op. I am sure it was a terrible experience.

I feel that if the job isn't a good fit, then just find another. I personally would not get attorneys and courts involved.

From my experience, There is a difference between "fire" and "lay off" in California. Fire doesn't include unemployment, and is the one that is more risky for wrongful termination litigation as an employer. This is why some California employers don't even give a reason for termination. They just lay you off, no reason. Cheaper to pay unemployment taxes as an employer, then wrongful termination litigation.
Click to expand...

read on. this story had a happy ending.
 
Heather, I'm sorry for the loss of work, especially these days, but...

Heather® said:
...the mother of one of my clients (mentally disabled adults)...
Click to expand...

Luckily I don't have mentally disabled children, but if I did and had professionals caring for them, everything would be under consideration. If for a wild reason my (fictious) mentally disabled children only got along with tatooed fat black gay men, I wouldn't care for the dozens of anti-discrimination laws.

This is a case of dealing with a very small, very sensitive, very special number of patients, and all of us should do our part to ease their situation.

Good luck going forward and getting more work.

Cheers,

Marc.
 
Parents of disabled adults have a lot of years of frustration and stress under their belt and sometimes just lash out at the smallest things. You're in a tough and under appreciated line of work that unfortunately gets the brunt of things and while it's not fair sometimes you just have to chalk it up to experience and move on. Hope this doesn't deter you from doing what you do because you are needed.
 
InNoHurry said:
If for a wild reason my (fictious) mentally disabled children only got along with tatooed fat black gay men, I wouldn't care for the dozens of anti-discrimination laws.
Click to expand...

I would be thrilled that my kid finally found someone/type that they got along with and that they liked and identified with. And if the caretaker was doing their job otherwise and taking care of my kid like they were supposed to, i would have no problem.

Do you have any idea how hard it is to find the right match for someone in this situation?
 
Ant said:
Parents of disabled adults have a lot of years of frustration and stress under their belt and sometimes just lash out at the smallest things. You're in a tough and under appreciated line of work that unfortunately gets the brunt of things and while it's not fair sometimes you just have to chalk it up to experience and move on. Hope this doesn't deter you from doing what you do because you are needed.
Click to expand...
The above is so true. Thanks for all your replies. Unfortunately this is now considered an 'incident' by the agency who must conduct an 'investigation' and determine if the job is a 'good fit' until I can return to my Wednesday shift. Only $200-300 in back pay not worth attorneys, but now the agency's directors and owners are aware of how $8/hr doesn't pay for $50/month additional required high auto insurance limits, gas, repairs, registration of a vehicle (which I clearly stated was a major factor in riding my bike more and putting off auto repairs, leading to this mess).
 
Last edited:
Lester Green said:
Do you have any idea how hard it is to find the right match for someone in this situation?
Click to expand...
I can totally appreciate that it must be very, very hard to find that right match. If I had found the right match, I would've sucked up to that caretaker like there's was no tomorrow. Alas, in the situation of this incident, it seems the match wasn't right in the eyes of the patient's legal guardian. The legal guardian has a lot of weigh in the choice of caretaker.

If Octomom showed up as caretaker of my mentally disabled child, it'd be "hell to the no". There's nothing illegal with having 14 children, but in my "guardian" eyes, there's something not quite right with her.
 
:twofingerfuk em women driver suck anyway a women not lady has a problem with bikes ,how dose she drive next to them on the road? probley drive a preass too
 
Sorry to hear about you situation. Wondered what happend to you. Look on the bright side. Now you have more time to :ride :teeth.
 
Be happy that your career is no longer subject to crazy azz people. Honestly, life is too short to put up with people who think that it is alright to abuse because they are some sort of customer.

Find a better job with more reasonable people and be happy.
 
JO EBRMC said:
Nope. In California, you can fire anyone for any fucking thing as long as it isn't race, religion, color, national origin, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation.

You eat noodles for lunch? Fired. You like to wear a jacket when it is cold? Fired.

The breach of contract thing is pretty weak though. Owning a car is sufficient to meet the demands of the contract. That the car was getting its brakes done doesn't breach that contract.
Click to expand...

This.

Most folks don't really grasp the consequences of "at will" in CA. Motorcyclists aren't a protected class, an "at will" employee can be fired for riding, nearly any other reason, or given no reason at all. Discrimination applies only to the protected classes described above. And even age has certain conditions (over 40). Wrongful termination has narrow application as well (e.g. whistleblowers).

Contract employees are different, but t's only a breach of contract if there was a contract to begin with. "At will" suggests there wasn't.
 
You must log in or register to reply here.
Back
Top