September 09, 2005
Friday

Ketchikan is a Tourism city, which means most of us work 6 months a year. Most laws are for full time employment. In seven summers these things have happen to me:

1. Told to work or be fired. (I worked May 1st to July 27th 2003 with no days off except when there were no ships in port. Some days 5- 2 hour tours, then fired when I wouldn't drive a 44 passenger bus because I couldn t see straight)
2. Told to take wheel chairs on a bus NOT equipped with wheel chair access. Up to three chairs at times. If there was an accident the driver would lose their CDL - not the owner.

3. Take more people than what the bus had seats for.

4 .Paid under the table.

5. Lied to about when, where and who we would work with.

6. Told to lie about the local natives and their history. (I had to quit this job, I am Alaska Native)

7. After an accident was not able to tell authorizes about it or be fired.

8. Work while hurt (I was hurt at work and fired for it).

What action can "WE" take against a wrongful termination?

If you have been fired without a good reason or in violation of federal or state law (e.g., discrimination), this could be a wrongful discharge and you can challenge your firing, However, before you take action, run your complaint by an attorney for advice because it is likely to be time consuming and costly, and the laws regulating firings vary from state-to-state. But if you succeed, employers can be made to pay back wages, fines, and possible punitive damages or you can be returned to your job.

The odds of successfully winning a wrongful discharge claim if you are an "at-will" employee are slim because your boss has the right to fire you for any or no reason at any time so as long as all protections afforded by state and federal law have been followed. Where no wrong has been committed, "at-will" employees have no remedy for employment termination.

If I am right, I am not covered under this because I am a part time employee.

Where does that leave us part timers? PERSONAL INJURY LAWYERS... There are a lot of us little guys in Ketchikan.

Ketchikan what would happen if ALL the summer tour guides quit? Or all the part time employees quit?

Nyna Fleury
Ketchikan, AK - USA

I got into tourism because I love my culture and Ketchikan; I feel that when someone saves their whole life to come to Alaska they should get the best Ketchikan has to offer plus the truth. I went as far as taking two of our guests on a free tour because they were told such lies about the Alaskan Natives and Ketchikan. Getting hurt at work, and then fired for it, hurt me personally. The laws help those who are hurting the little guys. The laws need to be changed, so those of us who choose to just work for "just the summer" can work knowing we have rights too.

 

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