I was fired from my job yesterday for excessive absences on mondays I have worked for the company for 9 months and have only missed 3 full days 2 which were on a monday -one to take my fiancee to the doctor -have documentation and the other I got sick after working a 22 hour shift (Fri-Sat)- I didn´t go to the dr but returned to work the following tues. He did not follow the company handbook regarding termination- Verbal warning Written warning Final written warning Suspension Termination. He stated he gave me a verbal warning. He only threaten to write me up if I did not work overtime. In the discussin of my termination He told my that my fiancee was also fired b/c we were a pair and he was unhappy w/ his performance. My fiancee has had no warnings. My personal/Sick time according to the handbook and check stubs show that I had 3 sick days and 2 Personal days What was recorded on my paycheck is incorrect I brought this up to him and he ignored me. I worked a lot of overtime so for days I missed or was tardy the OT kept me from having to use personal/sick time.Is this right can he do this? thanks for your time
2007-01-31 05:55:31 · 5 answers · asked by pyro120882 1 in Politics & Government ➔ Law & Ethics
it sounds shady to me...you should call an attorney in your area for a free consultation.
2007-01-31 06:01:23 · answer #1 · answered by izaboe 5 · 0⤊ 0⤋
Take into consideration that most companies have human resource advisors that the store managers consult before terminating an associate's employment. If you were terminated for attendance issues, then I'd say it was a safe bet that your store manager had already contacted corporate HR and gotten the green light to give you the boot.
As for your fiancee, if he had been employed less than 30 days then he can be terminated simply for cause. Most companies have a clause in their employment papers that says the company can terminate your employment at will during the first 30 days of your employment without having to go through the usual termination process of warnings, etc.
If your boss really did screw you, then why would you want to go back and work for that company anyway?
My suggestion is to get another job and move on.
2007-01-31 14:02:53 · answer #2 · answered by Team Chief 5 · 0⤊ 0⤋
It's hard to answer without knowing which state you live in. In most states, there is no legal claim you can make for "wrongful termination." Most employment situations are "at-will" - you can quit or be fired for any or no reason at all. Certain statutes protect employees from adverse employment actions in certain situations. For example, Title VII protects against discrimination based upon race, gender, etc. ADEA protects against age discrimination. ADA protects against disability discrimination. If you fall into a protected category and believe your termination was due to you being part of a protected class, you may have a claim. Otherwise, I recommend letting it pass & finding another job.
2007-01-31 14:12:26 · answer #3 · answered by HoyaHorns 2 · 0⤊ 0⤋
If the state you live in is an "At will state", then they can fire you for any reason they want other than the color of your skin or your religious beliefs. If this is the case he can do whatever he wants. You are better off just finding a new job.
2007-01-31 14:05:36 · answer #4 · answered by Anonymous · 0⤊ 0⤋
See a lawyer. This guy is probably a bully type and thinks he can get away with stuff. Don't let him win
2007-01-31 14:04:59 · answer #5 · answered by Mike M 2 · 0⤊ 0⤋