In Need Of A Shoulder To Cry On...long

Lounge By JRAE33 Updated 15 Aug 2007 , 1:33pm by JRAE33

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JRAE33 Posted 14 Aug 2007 , 7:29pm
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I have been holding this in too long and have to get it out. Back in February, through no fault of his own, my husband lost his job. At the time it felt like a blessing as the people he worked for were horrible and his job was seriously affecting his physical and mental health. Which in turn negatively impacted his life with his kids as well as our marraige. But he stayed because we were living paycheck to paycheck and I'm a stay at home mom. Supporting his family was important. One day in February he went to work and was told he needed to sign a contract or be fired. The "contract" stated that upon his leaving their employ (whether he quit or was terminated) he could not work in the accounting or financial field for a period of 12 months. He told them he would not sign as he would not sign away his right to make a living. They let him go. He was really upset (clearly) but thanks to our savings and unemployment we have been able to get by all this time. It's been a really positive thing for his well-being and in turn for our family. It's given him time to be with his kids and develop a stronger relationship with them.

For the past six months he has been looking for employment. He checks the paper every Sunday, we go to every on-line employment site we can think of, and he's sent resumes to businesses from the phone book. I don't know what else to do. In the six months, he's not gotten much response and I don't understand it at all. Today he had an interview which would have been a good oppurtunity for him but it doesn't look like he'll get that position. The guy he interviewed him with told him he really liked him but they are looking for someone with more experience with Excel. He knows the program, he's worked with the program...I don't understand. But whatever...if that's what they want...

So now here we are. We've drained our savings and his last unemployment check will be mailed next week. I don't know what we are going to do. I have joined the job hunt as well, but I haven't worked in over 6 years. I have not gotten any responses. I know the job market is tight in Michigan but this is crazy!

We have three little kids, ages 5, 4, and 1 and it's really scarey not knowing what is going to happen. I'm sick about it. I keep racking my brain about what to do. I wanted to get a legal cookie/cake business going but in Michigan to operate from home you need a seperate kitchen. Not something we can afford.

I've even considered getting government help but in order to get any cash help, we would have to put our kids in daycare 8 hours a day and spend our time at Michigan Works looking for jobs. They would pay for the daycare. But the cash we would get wouldn't even cover our mortgage and what would be the point?! We don't believe in daycare, anyways. I don't want to leave my kids with strangers...esp for something that wouldn't get our family out of our situation.

Two of our kids have asthma and they all have severe food/environmental allergies (epi-pen on hand at all times), as well as two of them have reflux. I just feel better having them with me (or my hubby).

Thanks for letting me get it off my chest. I don't know what we're going to do. I'm sure God has a plan for us, but it's scarey not knowing where you are headed! Jodie

10 replies
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JoAnnB Posted 14 Aug 2007 , 7:43pm
post #2 of 11

Sorry to hear about your hard times. It isn't always the best, but have tried a temp agency? Or an employment agency? I know they take part of your initial pay, but it could provide something?

It also sounds like he was unjustly terminated. did he file a complaint with the labor department?

Wishing you luck.

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Doug Posted 14 Aug 2007 , 7:56pm
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Quote:
Originally Posted by JoAnnB

Sorry to hear about your hard times. It isn't always the best, but have tried a temp agency? Or an employment agency? I know they take part of your initial pay, but it could provide something?

It also sounds like he was unjustly terminated. did he file a complaint with the labor department?

Wishing you luck.




most likely legal

the use of non-disclosure, non-compete clauses is standard in many businesses as a way of protecting a company's inside information about future products/services, business methods, plans for expansion/new markets, etc. from the competition.

think how easy it would be for a competitor if they could hire people away from a company so as to learn their secrets.

these contracts protect the company from just such problems.

Unfortunately, they also often create an extreme hardship for the people who sign them, esp. if in this case they require them not to work in their field for expertise for such a long time.

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btw: the "excel" excuse sounds like your husband may have been overqualified and they didn't want to pay him as much as he was worth and so looked for any way out of hiring him.

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is there a CPA or similar that needs more staff?

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could he start his own bookkeeping/accounting service?

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have faith it will all work out. prayers are w/ you and your family

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mkerton Posted 14 Aug 2007 , 8:09pm
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How frustrating............and scary......this is why i am such a big saver!!! (sounds like you were too thankfully) so many families are 1 lost job away from disaster! I agree with the temp agency my former employer (before I became a SAHM) got most of their new employees through temp agencies. I have also always said that I would become a substitute teacher if we needed it....in MO all you need is 2 years of college....and its $100/day (but no benefits). Both my hubby and I are college graduates and DH was a teacher when I met him so thus came the idea (something I am thinking about when my kid (s) are in school). Also we are getting to the time of year (sept) where retails stores are starting to bulk up their staff in preparation for the holiday season...I know its not ideal....but i might consider getting a job in retail in the evenings....every bit of cash helps at a time like this.

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jsmith Posted 14 Aug 2007 , 8:12pm
post #5 of 11

Grr. His former employers are jerks. Companies like that make me mad icon_mad.gif I'm sorry things are so tough for you right now. I hope he finds a job soon. Would ya'll consider looking out of state for a job?

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michellenj Posted 14 Aug 2007 , 8:34pm
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My husband's old company tried to pull something similar and they lost. He contacted the state Labor Board, who has attorneys that work on things like that, and they helped him. His old company actually settled with us for $17k. I will ask him for more details when he gets home tonight. The details are kind of fuzzy since I was pg and got laid off right before all of that happened, and believe me, we needed that money!

Are there any college campuses nearby? Now is the time they are looking to hire help, and my old employees in catering made a minimum of $10/ hour, $15 for bartenders.

Good luck to you, sweetie. Tough times just make us stronger.

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JRAE33 Posted 15 Aug 2007 , 12:13am
post #7 of 11

Thank you, everyone, for your kind words. I know it will all work out in the end, but when you are in the moment and wondering how you are going to keep the roof over your kids heads, it's hard to think about the good to come.

The Dept. of Labor is essentially useless. My husband filed a complaint because the whole two years he was working there they paid him straight pay for all overtime instead of time and a half. He also wanted his vacation pay that was due him. Well...it took awhile but his ex-employers sent a check for the overtime and said a check would be coming for the vacation. It never came. A few months went by and it was the Dept of Labor letting my husband know they were closing the case because his ex-employers were not responding to letters and since my husband didn't have a copy of the employee handbook there was nothing they could do. Excuse me?! How about the fact they hadn't paid anyone overtime...wouldn't you think that should be investigated? And no handbook? By law you are supposed to have one! But you can break the law and as long as you just ignore the Dept of Labor's requests they will drop the complaint?! Serious....I know this sounds made up but I'm telling the truth!!

Doug....I'm sure the contract they wanted him to sign was legal. In Michigan, the messed up laws basically say employers can require you to sign just about anything. This contract was way beyond the typical non-compete contract...he had signed one of those upon being hired. This actually said he could not work in the accounting or finance field for twelve months, WORLDWIDE!! They actually fought his unemployment and had to to before a judge...the judge sided with my husband saying the contract was too far-reaching and no one in their right mind would sign it.

jsmith..."jerks" isn't the word!! You would not believe the crap they put him through! One example...when our youngest was about a month old, the owner (the husband, was actually a couple who owned the business) went into my husbands office and started telling him he needed to divorce me and that he shouldn't stay in a marriage for the sake of the kids. What the...?!?! First of all, our marraige is/was fine...we're high school sweethearts and have been together since 1991. And if we were having problems....what's it to his employer?! These people are crazy!!

I'm not sure what we're willing to do and how far away we are willing to go. We moved to our hose, a new town, about 5 years ago and really love it here. Our kids have a wonderful Catholic school to go to and our church is wonderful. We have really felt like the Lord led us here and we were where we're supposed to be. We don't want to leave...at the same time...we can't lose everything because we can't find a job here.

The job husband applied for today was actually out of town...a couple hours from home. It would have meant he'd be gone during the week and home only on weekends, would've stayed with family during the week. Maybe that's not what our family needs?! I don't know....there's still the chance he'll get it....didn't exactly say no...just that he really liked him but wanted someone with more experience with excel (which makes no sense). I don't know...can't dwell on it. However, Doug, I doubt y husbands salary would be an issue. He was working for a family owned business in a small town...this job is in the city for a huge corporation. Oh, well...if it's not meant to be...

I'm going to look into Sub teaching...had thought of that before and was waiting to see what happened with DH. I have enough credits and it will get us through until something comes up for DH.

I apprecaite all the support and the prayers. It means a lot to me! Jodie

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michellenj Posted 15 Aug 2007 , 12:23am
post #8 of 11

Who's above the Department of Labor? The Governor's office? Call them. You never know. Down in GA they helped my SIL w/ a problem she had.

In any event-just take it one day at a time. My dh ended up starting his own company after working for another total a-hole who screwed him over, but commutes 2 hours each way every day. He operated out of our home, but he took a leap of faith and got an office in Philly, hired some employees with a line of home equity, and is doing great now. When all of that went down w/ both jobs and I was laid off (I was a travel agent when 9-11 hit so my job was kaput) and pregnant, I would have never guessed that we would make it. And not be bankrupt and divorced. Just hang in there.

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Doug Posted 15 Aug 2007 , 12:29am
post #9 of 11

i'd still consider an additional lawsuit for the overtime and vacation time.

and yes, take it right up the ladder to state reps, senators and governor

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indydebi Posted 15 Aug 2007 , 1:48am
post #10 of 11

My hubby worked in HR for years and told me that these non-compete contracts are not holding up in court because someone cannot take away a person's ability to earn a living. If all this man knows is accounting and finance, then telling him he's not allowed to work in accounting and finance is taking away his right and ability to earn a living!

When I got downsized, my hubby told me to sign anything they wanted .... if I found a job in the same industryl, they could take us to court and it would cost 'em to prove I was a liability to 'em.

It may be a "legal" document, but that doesn't mean it's valid.

Has he signed up with any employment agencies ... .even temps? There are temp agencies that specialize in accounting. I worked with one guy who came to us as a temp and we hired him after just a few months. When I was job looking, I signed up with about 3 employment agencies and let THEM do the job hunting for me.

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JRAE33 Posted 15 Aug 2007 , 1:33pm
post #11 of 11

Indydebi- I think you are probably correct...the contract probably would not have held up in court. But at the time, my husband was emotionally and physically run down by those people and when they came at him out of no where with their sign it or be fired attitude, he told him he would not sign...he didn't feel comfortable signing without having a lawyer look it over. Obviously it's not something someone would sign IF it would actually hold up in court. They wouldn't even let him have a copy to take with him...it was sign NOW or be FIRED! That right there told me something was wrong with the document itself! I think hubby did the right thing...I just never imagined it would be six months later and still no job. I know unemployment is high and the job market tight in MI, but geez...6 months with hardly even a call back!!

michellenj-Thank you for sharing your story. We've actually been through hard times in the past, but never without any income! When I was 4 months pregnant with our oldest, I lost my job. That was a huge blow as my hubby at the time was working pt and going to school ft...I was the bread winner and it seemed like the end of the world then, too. But we made it.

Hubby is out of town. After his interview yesterday he went to stay at a friends (our children's Godfather) as it was his birthday. He'll be home later this morning. I just talked to him a few minutes ago. Some how he's not down and depressed as I am. I don't understand why not?! I have to fight the tears back so I'm not crying in front of the kids and making them upset...can't put our burden's on their shoulders...they have their own problems (our 5 year old starts full time kindergarten and our four year old starts a pt Young 5's program in a few weeks).

Hubby has worked with temp agencies in the past. Not sure why we haven't thought of that. I guess he was just hoping to find a good job, but at this point we'll take anything. Will mention that to him today.

We've talked about starting a business. However, he doesn't actually have an accounting degree. He majored in accounting but in his last year changed his major to management and marketing. Now he's one semester away from his double Bachelor's and we can't afford for him to finish. Anyways, he doesn't feel comfortable on his own without a degree, although he has enough experience. His ex-employers didn't have a degree...or any education for that matter. Not sure how they ended up in the field?! Plus, we're from a small town and his ex-employers do unhonest things for their clients that he wouldn't do if on his own so not confident he could get enough clients to make a go of it. We also thought about buying a bar as one is for sale in our town, but we want a business our kids could be a part of. Plus, our credit is not good (thanks to the time I lost my job) so not sure a loan would be a go for us.

Well...I've written another book. Thank you for taking the time to read. I appreciate all the feed back. Don't have anyone to talk to about all of this, feels good to have my friends at CC. Thank you Jodie

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