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SEIU using red flag laws to prevent a promotion
So recently I was informed that I am under investigation for violence in the work place.
In the same time I applied to become manager of a department. A employee who found out I am a gun owner learnt of me legally selling my guns, ammo and other hobby items. I was selling because I’m in the process of moving but not the point. Anyway said employee now claims she is in fear for her life because of this. Do I have any legal recourse against SEIU or company involved. Mind you my direct current manager sees no wrong doing but SEIU is pushing a investigation. Also this employee is a union Stewart that has been trying to get me fired for the last two years because of my age and race I’m Chinese American in his 30s |
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#5
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^When it first started to current time. 2. Talk to a lawyer about workplace harrasment and hostile work enviroment due to racism and ageism. 3. File civil lawsuit against your management for harrasment, hostile work enviroment, and defmantion of character. |
#6
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CA is a "red flag" gun violence restraining order state. [PC 18150]
IMO... If your employer truely views you as a threat, then they should have petition for an ex parte gun violence restraining order against you. Once they submit the petition, the Courts will determine if you are a threat to others/yourself and if they determine that the information submitted to be false or was done to harras you, then the petitioner (your employer) will be charged with a crime. If they haven't done this, then sue them for workplace harrasment/hostile work enviroment, because their lack of pursuing this in a legal manner is proof they do not think you are really a threat and are using that as an excuse to harrass you. Penal Code 18150 (a)(1) Any of the following individuals may file a petition requesting that the court issue an ex parte gun violence restraining order enjoining the subject of the petition from having in their custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition: (A) An immediate family member of the subject of the petition. (B) An employer of the subject of the petition. (C) A coworker of the subject of the petition, if they have had substantial and regular interactions with the subject for at least one year and have obtained the approval of the employer. (D) An employee or teacher of a secondary or postsecondary school that the subject has attended in the last six months, if the employee or teacher has obtained the approval of a school administrator or a school administration staff member with a supervisorial role. (E) A law enforcement officer. (2) For purposes of this subdivision, “immediate family member” has the same meaning as in paragraph (3) of subdivision (b) of Section 422.4. (3) This chapter does not require a person described in paragraph (1) to seek a gun violence restraining order. (b) A court may issue an ex parte gun violence restraining order if the petition, supported by an affidavit made in writing and signed by the petitioner under oath, or an oral statement taken pursuant to subdivision (a) of Section 18155, and any additional information provided to the court shows that there is a substantial likelihood that both of the following are true: (1) The subject of the petition poses a significant danger, in the near future, of causing personal injury to the subject of the petition or another by having in their custody or control, owning, purchasing, possessing, or receiving a firearm as determined by considering the factors listed in Section 18155. (2) An ex parte gun violence restraining order is necessary to prevent personal injury to the subject of the petition or another because less restrictive alternatives either have been tried and found to be ineffective, or are inadequate or inappropriate for the circumstances of the subject of the petition. (c) An affidavit supporting a petition for the issuance of an ex parte gun violence restraining order shall set forth the facts tending to establish the grounds of the petition, or the reason for believing that they exist. (d) An ex parte order under this chapter shall be issued or denied on the same day that the petition is submitted to the court, unless the petition is filed too late in the day to permit effective review, in which case the order shall be issued or denied on the next day of judicial business in sufficient time for the order to be filed that day with the clerk of the court. (e) This section shall become operative on September 1, 2020. Penal Code 18200 Every person who files a petition for an ex parte gun violence restraining order pursuant to Chapter 3 (commencing with Section 18150) or a gun violence restraining order issued after notice and a hearing pursuant to Chapter 4 (commencing with Section 18170), knowing the information in the petition to be false or with the intent to harass, is guilty of a misdemeanor.
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"If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001). Last edited by Quiet; 06-26-2021 at 8:10 PM.. |
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Sorry we have to go in the closet didn’t you hear everyone else came out so there’s lots of room in there now for us
Dictated but not read, voice typing plus bad eyes equals typos
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dictated but not read Voice typing will butcher whatever I was trying to say |
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There are other gun owners and we know who we are
Some of them are new gun owners and asked me for advice Since I am moving to a new place I told them I’m willing to transfer you legally at a ffl ammo I probably won’t be shooting Im guessing a anti gunner heard and reported it to the Stewart But nothing I’ve said is illegal or a threat it was just to help a fellow gun owner |
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Not much you can do unless your age/race discrimination case is already solid with documentation and prior communication with management.
I was accused of threatening gun violence in the workplace...basically it boiled down to his word against mine. The best thing I could do...make sure all my gun contacts and close co-workers knew what was going on and that they might be grilled by HR. Just had to wait it out for a couple of weeks while everyone I knew was called into HR and I was last. The end result -- "HR: When you talk about guns, keep it quiet." |
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It’s not especially when they $2k a year in union dues (after tax deductions) to be treated like ****
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#14
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SEIU is the money behind AB5. Forcing all gig workers to become good union member employees.
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Only slaves don't need guns We stand for the Anthem, we kneel for the cross We already have the only reasonable Gun Control we need, It's called the Second Amendment and it's the government it controls. What doesn't kill me, better run |
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Chinese, ok I can see how sonics can be racist.
30s ageism? I'm not saying it's not happening but what do they want younger? Older? 30 just seems like middle of the road in a work place. Ageism while wrong is often tied to something that sounds plausible. So too old can't keep up while too young doesn't have enough experience. What is the claim against people in their 30s "you are too capable". I'd say document everything with everyone. As others have said. Record times, places, dates. When possible keep all communication in paper, memo, email form and keep your own backup. Finally prepare for the worst. Double check that all your firearms are kept locked up. If you don't have kids it might not be required but doing so might force them to get another warrant instead of a simple search. In addition you might think about storing anything that could possibly be an assault weapon with the receiver apart. Recall no matter the configuration it isn't an assault weapon unless complete. Thus popping an upper off immediately stops any chance for a large list of charges should the worst happen. Finally I would say talk to a firearms lawyer. You want to have one in speed dial should you need it. You might find some of the big names to pick up this case. A union officer filling false gvro claims in what seems to be a union dispute sounds like you could have a tort against not only the officer but the union as well. So you don't need to worry about this one Karen being judgement proof and you might see a few of those union bucks back. |
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... and, if you think things are about to get really serious, consider transferring guns NOW, while you still have control over where they might go. Once the court issues an order, options are quite limited.
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I would 2nd what one or more other posters suggested....that is to document everything. Do prepare for the worse.....because, it would be the wise step to take, given what you have posted......lastly, as far as you know, does this steward have anyone who might back up what she is claiming against you ? Last edited by sakosf; 06-27-2021 at 4:16 PM.. |
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So to timeline everything
I became a foreman back in 2018 with only 4 years and 2 months as a regular employee I competed with other employees who’ve been there 25+ years and they expected to be promoted because of their race This interview consisted with company management and union leadership to be fair and I out scored everyone by a pretty wide margin For the last two years the Stewart has been accusing me of cheating and that it’s impossible for me to score a A grade on the test / interview while everyone else was D and F’s Mind you she said nothing till a year later and has openly said I will be laid off because of covid, accusing me that I don’t know how to do my job and there is a email record of me reporting this behavior to my union Stewart and manager. She hasn’t only targeted me Either she has also targeted another Forman who was promoted a year after me who is Japanese American. She is literally throwing everything at the wall and trying to get whatever lie to stick. My coworker and I have had employees say **** you to our faces and she accused us of instigating the situations. While in reality we were just asking employees to properly complete their daily assignments. She has accused my coworker of violently assaulting her but the reality was him handing her a telephone list. then back in January I purchased a home in construction, that’s when I decided to downsize what I own. I only told other enthusiasts about it and gave them first dibs to transfers. That was the end of that. 7 months later I guess she found out and obviously VTA shooting was on everyone’s mind. She is now using that info and VTA as a excuse. I will be lawyering up and telling the union that her lying can be brought up to criminal charges. Last edited by razgriz183; 06-27-2021 at 4:53 PM.. |
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In your shoes, I would have to ask myself why am I working here?
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Never argue with a fool, onlookers may not be able to tell the difference. Mark Twain "One argues to a judge, one does not argue with a judge." Me "Never argue unless you are getting paid." CDAA "I learned long ago, never to wrestle with a pig. You get dirty, and besides, the pig likes it." George Bernard Shaw |
#20
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If the manager sees no issue, the company shouldn't act upon the union's recommendations. Keyword: shouldn't. The union's place is for workplace disputes between the employees and the employer. If noone has filed a complaint, why the heck is the steward taking action? Besides, once you become a manager, do you not cease to be covered by the union's umbrella anyway? |
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The job isn’t the issue I actually enjoy what I do. It’s bad employees that are trying to make my life miserable.
To answer the question above the position I applied for will be leaving the union. They are afraid of me being the next manager |
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IMHO, the beotch is improperly using her position as steward to attack OP over personal/professional jealousy and political agendas. Last question's answer is, DEPENDS on the specific unions contract and bylaw structure. |
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You now know your enemy.
With the current woke culture, it is time to go bezerk on them. File a complaint against all of them, otherwise, you're the victim. Watch your back. Many managers would sacrifice you rather than escalate the situation. |
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I’ve seen one bad apple drive 5 or 6 of the finest to just leave and go work somewhere else. Finally they got rid of the bad apple but not before the tornadoes damage was done.
Say your prayers. God is in control and there are tons of examples in the scriptures where the bad apple is snared by their own venom. The lions didn’t eat Daniel. Do you know who the lions ate? Good Luck Last edited by tsmithson; 06-28-2021 at 4:28 PM.. |
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In this instance, it appears as if this steward is trying to be just that. But that is NOT the function of a steward.
And ANYTHING not directly work related. Is beyond the purview of a steward. Since OP is also a Union Member. He is fully entitled to equal treatment by the Union. I would suggest he go over the "Karen's" head. And depending on structure of local. Since she is misusing her position within the "Brotherhood". To obviously further a personal agenda against a fellow member. File a complaint/grievance with his DELEGATE, or BUSINESS AGENT, against Karen. Also suggest before going further. OP read, re-read, and then read again, his Union's bylaws. Stewards can be removed for malfeasance. And causing labor problems in the workplace over personal [outside work place] political agendas should definitely qualify. |
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Sooo to add more fuel to the fire the current this Seiu chapter is full of nepotism
The stewards nephew is currently the VP of the union and has ignored all communications with me And the president has been saying “you get paid to much you should just deal with it” |
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Sounds like she doesn't like successful Asians. In this current environment of the media reporting hate crimes against Asians, you should be able to use this to your advantage.
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Never underestimate the power of stupid people in large groups |
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No, when that gets played on the video screen in the courtroom, a crappy situation will go from bad to worse.
This whole debacle may possibly be a goldmine for the OP, in the form of a settlement to his lawsuit(s) for all the damages he has suffered by this union over time. Punitive damages may also result, that could be substantial. Hopefully he has retained qualified counsel with a proven track record of monetary results. In the meantime, quietly searching out other employment options would be prudent, as he will likely leave the present organization. |
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If you intend to become a supervisor/manager in this state, you need to learn to use the system against its authors.
First, this isn't a Union issue; it's an HR issue. Second, while much communication today is through e-mail, remember that the "e" in "e-mail" stands for Evidence. Don't put anything in an e-mail which you don't want to have an Administrative Hearing Officer quote back to you. Contact the head of HR and, in writing, request a meeting to discuss the HR issue. As a union member, also request, in writing, union representation at the meeting. Send that to the union with an open copy to HR. If the union refuses to represent, make sure HR gets a copy. You also have the right, if a conflict of interest arises, to demand union representation by someone outside of your workplace. Retain written copies of any acceptances/refusals...they're evidence. When you meet with people or discuss this issue, take notes and create a dated, signed Memo for Record of what was said...that's contemporaneous evidence and will help your recall at later times. Know your investigation rights...From the SEIU Local 1021 Union Manual: Quote:
They will ask you questions, "Did you do 'XYZ'?" You will want to explain and defend yourself. You will want to amplify your innocence...don't. Rely on the union right (above) to not answer questions at this time. This is your meeting, not theirs (they won't see it that way, but tough.) Do not volunteer information. When you're done, thank the HR folks (they hate the unions as much as you do). Immediately write a memo detailing the discussion. Also, request that HR provide a copy of the organization's Workplace Violence Prevention Program. (You don't really need it, but it will make them think you're doing your Due Diligence, and heighten their evaluation of the complaint. Also, if you read it, you'll better understand the rules of the game and why HR is involved.) All state work sites are required to maintain a Workplace Violence Prevention Program,” which may in some cases be included as part of the Injury and Illness Prevention Plan (IIPP). The IIPP is required by Cal/OSHA Title 8. These plans are designed to address acts of violence, threats, harassment, intimidation, and other disruptive behavior in the workplace. Usually, they encompass all reports of incidents which can include oral or written statements, gestures, or expressions that communicate a direct or indirect threat of physical harm. You may be able to find other support from the Crime/Workplace Violence Prevention Coordinators. Their names/numbers should be posted in your workplace. Remember, you don't pay them, so they don't work for you. Questions only; no answers/statements. On counter-filing. Workplace Violence stuff is very touchy. Any counter-filing for discrimination, etc., will be seen as retaliation, and do you no good. It ain't fair, but it is true. If your original post is accurate Quote:
Good luck; have fun!
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"People say nothing is impossible, but I do nothing every day.” "Nothing is foolproof to a sufficiently-talented fool." "The things that come to those who wait may well be the things left by those who got there first." Last edited by Dvrjon; 06-29-2021 at 7:52 AM.. |
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Thanks for all the input guys,
So far it’s only looking like a union intervention (today) and HR is actually not involved. I have already contacted HR and filed a harassment complaint on the Stewart At the moment I’m gathering evidence and witnesses |
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- do not discuss guns at work - do not discuss gun sales at work, do not sell guns to co-workers, etc. If you ever do discuss these things at work, do it only with someone you trust and do it IN PRIVATE That is the reality of the world we live in. Unless you are looking for fights like these, be smarter about the conversations you have at work. You do not want to be known as "the gun guy" at work. No one at work should know, no one at work should be asking you for gun advice. Good luck Last edited by SkyHawk; 06-29-2021 at 9:11 AM.. |
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nickname: purple-shirt goons
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https://www.calguns.net/calgunforum/....php?t=1884858 |
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Too true
I found out today the “Karen” is only making accusations and sensationalism. The union leaders are only trying to strong arm my manager with no evidence and only hearsay. My Stewart is on the warpath now, apparently union leadership failed to inform him of the situation and that the union is violated the contract by trying to interrogate me without representation. |
#38
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Step one - lawyer up your workplace rights are being violated. You are a target of hate speech and racial attacks.
Should be worth a couple million. We've got a guy at work who got 1.5 mil 15 years ago because another employee pointed a finger at him like a gun. |
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This:
"- do not discuss guns at work - do not discuss gun sales at work, do not sell guns to co-workers, etc. If you ever do discuss these things at work, do it only with someone you trust and do it IN PRIVATE That is the reality of the world we live in." OP, you mentioned having retained a lawyer. I would suggest getting in to the details of your work issue with that person. |
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See my long post above...The only entity which can take action against you is HR. This is an HR issue...workplace violence. That's NOT a union bargaining issue. These people are not your friends, and they will use everything you say and give to them to their own ends. HR becomes the buffer. You may believe you are smart enough to dodge this yourself, but I guarantee the union folks know more about maneuvering this issue than you do. And they are driven. Do what you want, but after 20+ years dealing with SEIU in the State as a manager and executive, I survived 4 union challenges and stuffed my accusers in a box. Proceed down your own path.
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"People say nothing is impossible, but I do nothing every day.” "Nothing is foolproof to a sufficiently-talented fool." "The things that come to those who wait may well be the things left by those who got there first." |
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