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Fired for job abandonment
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<blockquote data-quote="zubenelgenubi" data-source="post: 3232659" data-attributes="member: 63706"><p>You are consistently misrepresenting my arguments, also known as straw man fallacy. I only argued that he did nothing wrong if past practices could be established. You claim that past practices are dificult to prove, but many of the cases in the judgment summary were able to successfully argue it, so I'm not convinced it's that difficult, but I'll concede that it may not always be the best defense to take. This case stands on its own merits, without needing to bring past practices into it. The NMA requires that the company follow ADA, and even if it didn't, the ADA requires the company to follow ADA. The fact that OP was in process of getting official accomodation certainly makes the timing of this case suspicious. Still, wouldn't even need to bring that into it either.</p><p></p><p>And I agreed that he screwed up and should have checked. I also take the position that, based on the facts of the case, his actions were not terminable, which is where we disagree. Meaning you agree with management (i.e. taking their side) and I am taking the side of the employee, which is what I would do in any case I might represent, which is how representation works. If I felt there was no case to be made, I would inform the employee of that and work from there. The only way your methods are at all helpful to an employee, assuming anyone would let you represent them, would be the argument after the case was lost that you failed to provide adequate representation, so the case would qualify for judicial review.</p><p></p><p>I do thank you for giving me the motivation to research this subject and reinforce the fact that my understanding of the process is much better than you have been trying to convince me it is.</p><p></p><p>And I would absolutely never admit that the company was right in a case as clear cut as this one. Doing so would be a failure of proper representation.</p></blockquote><p></p>
[QUOTE="zubenelgenubi, post: 3232659, member: 63706"] You are consistently misrepresenting my arguments, also known as straw man fallacy. I only argued that he did nothing wrong if past practices could be established. You claim that past practices are dificult to prove, but many of the cases in the judgment summary were able to successfully argue it, so I'm not convinced it's that difficult, but I'll concede that it may not always be the best defense to take. This case stands on its own merits, without needing to bring past practices into it. The NMA requires that the company follow ADA, and even if it didn't, the ADA requires the company to follow ADA. The fact that OP was in process of getting official accomodation certainly makes the timing of this case suspicious. Still, wouldn't even need to bring that into it either. And I agreed that he screwed up and should have checked. I also take the position that, based on the facts of the case, his actions were not terminable, which is where we disagree. Meaning you agree with management (i.e. taking their side) and I am taking the side of the employee, which is what I would do in any case I might represent, which is how representation works. If I felt there was no case to be made, I would inform the employee of that and work from there. The only way your methods are at all helpful to an employee, assuming anyone would let you represent them, would be the argument after the case was lost that you failed to provide adequate representation, so the case would qualify for judicial review. I do thank you for giving me the motivation to research this subject and reinforce the fact that my understanding of the process is much better than you have been trying to convince me it is. And I would absolutely never admit that the company was right in a case as clear cut as this one. Doing so would be a failure of proper representation. [/QUOTE]
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