SwiftVets.com

[CandiM]

I hope you're right, Barbie, but my experience in this State is that it would be an uphill battle--Merely the fact that a person is over 40 is not the basis for a claim of age discrimination--There has to be some basis beyond that--I was "let go" at the age of 54 for no more reason than we'd had a change of management in our division and the Mr. New Guy was bringing in a whole bunch of his friends.......all of whom happened to be considerably younger than me--And I was the first person in the division pushed out to make room for them--BUT.......all of the others in my age bracket were kept on well beyond that "transition" and several of the "youngsters" were let go in the clear-out, so I can hardly claim that my age had anything to do with it--It was my salary, not my age, that did me in--

Such is life--

You may be correct about wording in a personnel manual WRT reasons for termination amounting to a contract, but I've worked for a lot of companies in this State and it's rare indeed that such verbiage is included in any specific way--And even at that, I have seen multiple instances with one corporation where I was in management where there were very explicit guidelines, both in writing and spelled-out to employees at orientation, where those guides have been summarily disregarded and no attempts at recourse on the part of any of the wronged employees were successful--Having seen the workings from the inside, as it were, I got to see how an employer can almost always demonstrate "termination for cause" if s/he is of a mind to.......much more easily than the employee can prove a discriminatory basis for the termination unless there is a pretty blatant and demonstrable history of such action--

But, as I said, I'd much prefer that you were right and I was wrong in this instance--I hope you are--Can't say I've ever seen a more miserable or reprehensible termination of employment situation--C
_________________
“I haven’t seen anyone milk this much out of a bad boat ride since Gilligan” -- Dennis Miller

[Barbie2004]

CandiM:

In a post in the (very near) future, I am going to lay out some legal research that I have done that will explain my previous post in more detail. My research had to do with a somewhat (but you might say similar) case that Steve is going through, except my case was based on the Fifth Amendment and not the First Amendment (although the violation of the First Amendment was certainly there, I knew that, in my case, proving it would be too difficult. . .because I wasn't as outspoken as Steve was, so my "speech" didn't come into question, therefore; I stuck with the Fifth Amendment.)

But let me say this for now, much of whether you win or lose a case is based upon your attorney, his/her skill, knowledge, and "fight" (aka: backbone).

I will elaborate more at a later time. I am buried in court cases, as I have been for the last 4 years, and I have to sift through them to make my point.

But Steve would be SO MUCH BETTER OFF IN FEDERAL COURT AS OPPOSED TO STATE COURT.

He, IMHO, should not fight this in any "Illinois" court NOR any other "state" court. He should be in FEDERAL COURT.

State judges are "elected" which can work against a Plaintiff, if the judges in question are dependent on "political contributions" which Mr. Paul Lewis may be a "major" contributor.

Federal Judges are not dependent on those "contributions" (because they are "appointed") therefore, the "Federal" route, is IMHO the better route.

Steve has already lost his job. He is in the right and has nothing to lose and everything to gain.

Hit them in their pocketbook and you really will make them "fly right." Both for himself and for us.

Court cases are the only area the libs have left, so I hope given that as the case, that this case is prime for a lawyer to take it on a "contingency fee" which should help Steve to fight this, without the financial cost or risk, and possibly get him his job back in the end.

[JimRobson]

CandiM: You are so right about the "termination for cause" angle they will drag out every phone call, E-mail, days off for public appearances etc.

Even though there is a clear link to pressure from a major customer, it will be hard to prove wrongful termination.

Of course a good lawyer can overcome these objections in a heartbeat.

Any news about a PayPal account for Steve?
_________________
ETN2 PTF2 (Littlecreek Underwater Demolition Unit 2 1963)

http://www.thewebplace.com/

[gmez2001]

Faxes,emails and complaints are sent.

_________________
Tin Can Gunline Vietnam
2nd generation Navy

[Slednfool]

"Any news about a PayPal account for Steve?"


Powerline has some new info about it, but I'm not sure what the paypal account name would be. Steve Gardner was on the Tony Snow show this morning, I missed it.

"Paypal for Steve Gardner (corrected)

Tony Snow has provided us the information that so many of you have been asking for in order to help Steve Gardner:

Here's the info I have from Steve. He has a paypal account through his email: sgardner5@carolina.rr.com; there's also a snail-mail address: P.O. Box 908; Clover, SC 29710.
"

[MiltonThrasher]

Mr. Steven Gardner
P.O. Box 908
Clover, SC. 29710

Dear Steve,

Thank you for coming forth with the information we needed on John F. Kerry’s outrageous behavior while serving with you on the Swift Boats in Viet Nam. I am sure that you and the over 200 SBV for Truth were a primary reason that Kerry did not get elected. What a disaster for western civilization he would have been as a President of the US.

I am sure that something good will come of your current predicament of being unemployed because of the patriotic actions you took.

You are probably better off knowing how your former employer
operates. If he would fire you for your political position, who knows what
other unethical actions he is capable of?

Please keep us all informed as you go forward in your search for a new job.

Sincerely,


Milton Thrasher
_________________
I have a great distrust of John Kerry and
want him to answer the Swift Boat Vets for
Truth's challenge to his statements appearing
in his books and speeches. Vote for Bush/Cheney '04. Korean War vet.

[Uisguex Jack]

I just heard Steve Gardener will be interviewed on Hannity's radio program at some point during the next three hours.

[LongKnife56]

Steve Gardner works/lives in south Carolina. I am not an attroney - do Illinois employment laws apply, or south Carolina's?
_________________
1/9th Air Cav
Phuoc Vinh, RVN '69-70

[mtboone]

The Swift Boat group was setting up a place to help out Steve and he informed us of the work this group and others were doing. I personally am deeply moved by both your generosity and kindness all you women and men are doing for Steve. I was proud to have joined this group, but your actions have greatly increased my pride by knowing such fine individuals such as yourself. Thank you from my heart and God Bless all of you.
_________________
Terry Boone PCF 90
Qui Nhon 68-69

[kimberly]

Gardner on Hannity & Colmes tonight...soon.

[joe_madeup]

For fairness' sake, here is the link to Millenium's reply on all this:

http://www.millinfo.com/pr/Millennium%20Response%20to%20Sun%20Times%20Article.pdf

Millenium's account contradicts Steve's on several points. (For instance, earlier on Hannity radio, Steve said he was quite definitely fired by e-mail.)

I think it's unlikely that the timing of Steve's layoff was truly economic as they say (unrelated to politics)....but "unlikely" does not equal "impossible", folks.

Someone earlier mentioned Al French....ditto here.....is he OK these days? Thanks.

[dcornutt]

Nobody left behind.

Somebody who is in touch with Steve, keep this board posted on what is needed.

Try to keep it updated, and stay on top of it, so we know when he's got what he needs.

[happyday]

Email to Millenium sent, waiting for payday to help Steve out. Millenium's notice was cute (I'm being sarcastic here.) I smell backpeddling and a coverup. In my email I told them not to worry about me or anyone I have any influence over bothering them with our business.

Hang on Steve, we've got your back!
_________________
God Bless America, and God Bless the Swiftees!

[dcornutt]

If you don't have a pal payl account, then use the PO box above..and send a check.

Doesn't matter how much.

[searcher]

http://www.millinfo.com/pr/Millennium%20Response%20to%20Sun%20Times%20Article.pdf