Dismiss Notice
You are browsing this site as a guest. It takes 2 minutes to CREATE AN ACCOUNT and less than 1 minute to LOGIN

Kweli duniani kuna visa .....

Discussion in 'JF Chit-Chat' started by The Boss, Jan 19, 2012.

  1. The Boss

    The Boss JF-Expert Member

    #1
    Jan 19, 2012
    Joined: Aug 18, 2009
    Messages: 36,065
    Likes Received: 14,306
    Trophy Points: 280
    [h=1]Chicago Woman Fired for Doing Work at Lunch Wins Unemployment Claim[/h]By SUSANNA KIM | Good Morning America – Mon, Jan 16, 2012 9:59 AM EST







    [h=3]RELATED CONTENT[/h]
    • [​IMG] Chicago Woman Fired for Doing Work at Lunch Wins Unemployment Claim (ABC News)


    Sharon Smiley had worked for 10 years as a receptionist and administrative assistant at a Chicago real estate company until she was fired for skipping lunch one day. After a two-year battle, an appeals court in Illinois has found that denial of her unemployment benefits was "clearly erroneous."
    Smiley, 48, punched out of work for lunch Jan. 28, 2010, but remained at her desk to finish a project assigned by a manager because she did not plan to eat that day, she said.
    Smiley, who had passed her 10-year anniversary with the company more than a month before, said another manager told her it was time for her to go to lunch and step away from her desk, but she refused. That manager observed Smiley working on a spreadsheet on her computer, answering the phone and responding to questions by people who approached her desk, according to a filing from the appellate court of Illinois.
    Her former employer, Equity Lifestyle Properties Inc., did not return a request for comment.
    The company's human resources director then became involved, explaining that hourly non-exempt employees were required to take a 30-minute lunch break, a policy that had been in the company handbook for 10 years, according to the filing. Not following the policy would be a violation of Illinois' labor laws, the HR director said.
    The prominent location of Smiley's desk, "which was directly at the front door of the office, made this particularly important for her," according to the human resources director in the court filing. She and Smiley had "many discussions ... over her eating breakfast at her desk," the filing states
    "I knew you couldn't eat lunch at your desk," Smiley told ABC News. "I was under the impression that because I was punched out and I could do what I want."
    Smiley said her job had became so stressful that she suffered a stroke and was off work for almost three months, beginning July 13, 2009, according to the court filing.
    Like several states, Illinois has a law that requires employers to provide employees a lunch break. But the law cannot be read to require an employer to fire a worker who refuses to take a break in order to finish her work, said Michael LeRoy, law professor at the University of Illinois at Urbana-Champaign.
    "Nonetheless, Illinois is an employment-at-will state, which means the employer can fire someone for a good reason, no reason, or a bad reason, as long as it is not discriminatory," he said.
    Companies often have policies that are designed to limit the number of hours employees can work in a given day or week, largely in order to avoid overtime pay obligations, Cheryl Anderson, law professor with Southern Illinois University School of Law, said. Such policies often require employer permission to work beyond an employee's regular scheduled hours.
    After being fired, Smiley learned she was ineligible for unemployment benefits because she had been discharged for misconduct connected with her work.
    She appealed to the Illinois Department of Employment Security's board of review three times, was denied, then took her case to a circuit court. That court ruled Smiley, who did not challenge the firing, was eligible for benefits.
    Smiley received a check with a lump sum on Nov. 28 for several months of unemployment, a percentage of her previous salary. Then she received a check every two weeks for $528 until she obtained her latest job last month.
    The appellate court of Illinois affirmed the circuit court ruling Jan. 11, saying the "insubordination arose from [Smiley's] efforts to perform additional work for [her employer], beyond what was required of her," as first reported Monday in the Chicago Tribune.
    "The insubordination occurred in a meeting with her superiors which lasted only four minutes," the court ruling stated.
    The court ruling also said there was evidence that managers had been able to work with her in the past to perform new tasks with which she was uncomfortable.
    An unemployed person in Illinois is qualified for unemployment unless there is misconduct, which "has been defined as conduct evincing such willful or wanton disregard of an employer's interests," according to the state's legal test in a ruling from the board of review.
    "Workers generally have to be guilty of gross misconduct, which includes insubordination," professor Anderson said. "The bar is set high for the employer to prove that, and in this case, the court found the employer's argument that her actions amounted to insubordination to be inadequate."
    In the case that established the precedent in 1987, an ambulance driver was fired after having four minor accidents in three months backing up a vehicle. The hearing officer and state agency denied his unemployment claim, but the state supreme court said the law requires "evil design" or wanton disregard of its interests, and that test was not satisfied.
    "If the ambulance driver with four accidents in three months qualified for a benefit, then by implication, Ms. Smiley did, too," professor LeRoy said.
    After nine months of unemployment, Smiley obtained a similar job at another company on Dec. 13. She said her new employer has a more liberal lunch policy.
    "They told me I could sit at my desk, I could be at my computer during lunch, or I could look at magazines. And in my area, they have two flat-screen TVs on the wall," she said with a chuckle.
    Also Read
     
  2. Gaijin

    Gaijin JF-Expert Member

    #2
    Jan 19, 2012
    Joined: Aug 21, 2007
    Messages: 11,849
    Likes Received: 17
    Trophy Points: 0
    Ushaambiwa kisheria hutakiwi uwe kazini wakati wa lunch wewe unaleta longolongo :lol:
     
  3. ndetichia

    ndetichia JF-Expert Member

    #3
    Jan 19, 2012
    Joined: Mar 18, 2011
    Messages: 27,534
    Likes Received: 120
    Trophy Points: 160
    inawezekana tokea shule alikuwa anapenda kupiga ndefu kwa hiyo kazoea
     
  4. IGWE

    IGWE JF-Expert Member

    #4
    Jan 19, 2012
    Joined: Feb 3, 2011
    Messages: 7,545
    Likes Received: 898
    Trophy Points: 280
    Na hili nalo ni tatizo_lisilo onekana kama tatizo.
     
  5. The Boss

    The Boss JF-Expert Member

    #5
    Jan 19, 2012
    Joined: Aug 18, 2009
    Messages: 36,065
    Likes Received: 14,306
    Trophy Points: 280
    yaani hii ingekuwa Tanzania mtu unafukuzwa kwa kufanya kazi lunch time
    sijui ingekuwaje....lol
     
  6. Lizzy

    Lizzy JF-Expert Member

    #6
    Jan 19, 2012
    Joined: May 25, 2009
    Messages: 22,194
    Likes Received: 122
    Trophy Points: 160
    Kaaazi kweli kweli.
     
  7. The Boss

    The Boss JF-Expert Member

    #7
    Jan 19, 2012
    Joined: Aug 18, 2009
    Messages: 36,065
    Likes Received: 14,306
    Trophy Points: 280
    mimi naona kama huyo meneja hafukuzwi
    basi nita resign tu
    ujinga gani huu
     
  8. Amyner

    Amyner JF-Expert Member

    #8
    Jan 19, 2012
    Joined: Jul 13, 2011
    Messages: 2,397
    Likes Received: 46
    Trophy Points: 145
    Seriously.....! Wenzetu kweli wamepiga a huge step ahead! Huku kwetu watu wanazuga kwenda lunch wasifanye kazi wenzetu mtu ana prefer abaki ofisini afanye kazi instead! And on top of that anakuwa fired for that!??? Damn!
     
  9. The Boss

    The Boss JF-Expert Member

    #9
    Jan 19, 2012
    Joined: Aug 18, 2009
    Messages: 36,065
    Likes Received: 14,306
    Trophy Points: 280
    shangaa wewe ..lol
     
  10. FirstLady1

    FirstLady1 JF-Expert Member

    #10
    Jan 19, 2012
    Joined: Jul 29, 2009
    Messages: 16,200
    Likes Received: 104
    Trophy Points: 160
    wakati wengine lunch time umeweka chips dume pembeni huku unaendelea kwenye keybord
    kweli duniani kuna mambo
     
  11. Kongosho

    Kongosho JF-Expert Member

    #11
    Jan 19, 2012
    Joined: Mar 21, 2011
    Messages: 36,152
    Likes Received: 177
    Trophy Points: 145
    Maana yake ni,
    Unaongeza bill ya umeme
    Unaongeza bill ya maji
    Kama utamumia Toilet gharama tu
    Kiti kinaisha
    Meza unaimaliza
    Unachosha vifaa
    Utataka ufanyakazi bora
    Utaomba ovatime

    Lazima nifaye tu
     
  12. Vinci

    Vinci JF-Expert Member

    #12
    Jan 19, 2012
    Joined: Jul 6, 2009
    Messages: 2,520
    Likes Received: 22
    Trophy Points: 135
    Tungeshafukuzwa wote kwenye vibarua vyetu mkuu....ni wengi hatuendi lunch au hatufungi kazi muda unapokwisha wa kazi ili tukamilishe viporo..au tuendelee na JF...

     
  13. Makindi N

    Makindi N JF-Expert Member

    #13
    Jan 20, 2012
    Joined: Mar 14, 2008
    Messages: 1,069
    Likes Received: 4
    Trophy Points: 135
    Nina ofc Mate wangu yeye hufika ofc saa moja na nusu, ila ikifika saa mbili anaaga anaenda piga supu.... Hapo atarudi saa kumi.... akimaanisha mwisho wa mwezi ana-claim na overtime...... Sijui angekuwa anafanya kazi hapo angekuwa wapi now!
     
  14. Kabakabana

    Kabakabana JF-Expert Member

    #14
    Jan 20, 2012
    Joined: Aug 5, 2011
    Messages: 5,560
    Likes Received: 2
    Trophy Points: 0
    Jk ataweza kweli?
     
  15. The Boss

    The Boss JF-Expert Member

    #15
    Jan 20, 2012
    Joined: Aug 18, 2009
    Messages: 36,065
    Likes Received: 14,306
    Trophy Points: 280

    duh......lol
     
  16. K

    KapellaMark Member

    #16
    Jan 21, 2012
    Joined: Jan 19, 2012
    Messages: 10
    Likes Received: 0
    Trophy Points: 0
    Hapa kwetu si kitu rahisi maana ni vigumu kujua muda wa kazi ni upi na muda wa lunch ni upi,vyote vinafanyika wakati woote!! Kipimo cha kazi huku kwetu sehemu nyingi hasa taasisi za umma ni kusaini kitabu cha mahudhurio wakati wa kuingia kazini ambacho hata hivyo huwa akisainiwi wakati wa kutoka!!!hatuna nidhamu kwa kiwango cha hali ya juu sana!! Imefika mahali tatizo ni kuwa na wasomi na sio kutokuwa na wasomi!!ough inafadhaisha sana!!!!!!!!!!!!!!!!!!!!!!
     
  17. K

    KapellaMark Member

    #17
    Jan 21, 2012
    Joined: Jan 19, 2012
    Messages: 10
    Likes Received: 0
    Trophy Points: 0
    Hapa kwetu si kitu rahisi maana ni vigumu kujua muda wa kazi ni upi na muda wa lunch ni upi,vyote vinafanyika wakati woote!! Kipimo cha kazi huku kwetu sehemu nyingi hasa taasisi za umma ni kusaini kitabu cha mahudhurio wakati wa kuingia kazini ambacho hata hivyo huwa akisainiwi wakati wa kutoka!!!hatuna nidhamu kwa kiwango cha hali ya juu sana!! Imefika mahali tatizo ni kuwa na wasomi na sio kutokuwa na wasomi!!ough inafadhaisha sana!!!!!!!!!!!!!!!!!!!!!!
     
  18. Mabagala

    Mabagala JF-Expert Member

    #18
    Jan 21, 2012
    Joined: Nov 27, 2009
    Messages: 1,405
    Likes Received: 7
    Trophy Points: 135
    Huyo mate wako ni mwisho wa reli! lol
     
  19. Angel Nylon

    Angel Nylon JF-Expert Member

    #19
    Jan 21, 2012
    Joined: Jul 26, 2011
    Messages: 4,199
    Likes Received: 626
    Trophy Points: 280
    wenzetu sheria zinavoekwa ndio zinavotakiwa zifuatwe.
    No excuse.
    Sisi hapa watungaji wa hizo sheria ndo wavunjaji numb 1.
    Rushwa, rushwa .com
     
Loading...