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To: Nifster; shelterguy; Sacajaweau; hal ogen; Hot Tabasco
should of sued back when it happened IF it happened

She did and received a settlement. She’s not going to get any additional money out of this suit because she was deposed as a witness, not as a plaintiff.

So she works there for six months and already gets a vacation? A bit hard to believe.

She worked there for 5 months and took a vacation, too??

That is not as unusual as you might think. It would all depend on the company’s policies, how vacation time is awarded – as earned, based number of hours, weeks or months worked, on seniority or awarded annually in a lump sum up front (I’ve seen it awarded in any number of ways), and on how long one has to be employed before taking time off (90-days – 6 months – a year), or what was negotiated at the time of hire. Over the years I’ve seen new hires negotiate during the hiring process, to either get additional vacation time or take it before it’s earned if the new hire has pre-existing vacation plans. At my last job, I had one new hire be granted two weeks of vacation that was taken two weeks after being hired as that is what they negotiated when hired. And he was not the only one.

"refused to come back from VACATION??? What's that got top do with the Army Reserve? This woman is a fool and idiot opportunist.

Refused to come back from vacation or refused to cut her presumably pre-approved vacation short – big difference.

That's going to bust her lie right there..........There is not an employer in this country that isn't aware of the obligation of a reservist to serve a weekend a month and the demand that the employer respect that obligation..........

You would be surprised how many employers are not aware of The Uniformed Services Employment and Reemployment Rights Act (USERRA). A few jobs back worked for an employer that had a reservist who was called up for 2 weeks of National Guard training. The owner of the company did not want allow him to take the time off claiming it would be a business disruption and threatened to terminate the employee if he went. The employee attempted to make an accommodation, requested his Guard unit CO to delay his required two-week training to another time but was unsuccessful (the Guard will often try to make reasonable accommodations but the employer in this case could not prove why it was a business disruption). I had to as the HR/Payroll person, “educate” the owner as to the law and our legal obligations. If you do an internet search on USERRA violations, you will find many cases where employers were found in violation.

I am not rendering an opinion as to whether Sommer was terminated for her military service or not – I don’t have enough facts, but I am disturbed that so many here are disparaging her.

She got a prior settlement in her wrongful termination case which she under a confidentially agreement is not to discuss. But then she was separately deposed as a witness in the Trump U class action suit. Whether she volunteered or was summoned, i.e. the plaintiff’s attorneys through the discovery process went on a hunting expedition for employees who had been wrongfully terminated – in either case, she’s not AFAIK spoken to the press, not given interviews, but if she was deposed and asked questions regarding the circumstances of her termination, the confidentially agreement would not apply. And as I said earlier, she’s not going to profit from this suit if it goes against Trump U because she was a witness and is not a plaintiff.

I think a lot of people her are disparaging her without knowing all the facts and details and assigning motives to her which may not be the case.

34 posted on 06/03/2016 8:51:41 AM PDT by MD Expat in PA
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To: MD Expat in PA

The disparagement comes from the timing


35 posted on 06/03/2016 12:21:54 PM PDT by Nifster (I see puppy dogs in the clouds)
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