(which may happen sometimes) asking them to come in early. The employee is annoyed with the tone of voice being used by the manager, and combined with the early hour, gets *irate* on the phone with said manager. When the employee gets to work they are fired for having an attitude with the manager who specifically mentions the phone call.
1) is this within the scope of employment, for the employee to be held responsable outside of work?
2) is this an ethical dilemma? what if the manager did not mention the phone call when firing the employee, but the phone call still occured. could the firing be considered retaliatory action against the employee and risks getting sued?
I was discusing this with one of my bosses the other day, who had a similar situation. He said that if the employee had been having a "bad day" he would understand that and the firing would not occur, but withou that, employee gone. he also said he could "tell" wether a employee was having a bad day. i say B-S!!!!
2007-02-03 11:12:21 · 12 answers · asked by Lee C 2 in Business & Finance ➔ Careers & Employment
I did not get fired.
I dicussed this situation with a manager, this situation does not concern me at all.
Insubordination is a cause for termination, but only if the insubordination occured at work, hence the "scope of employment" clause. I reside in Missouri. I don't know if that is an "employer at-will" state or not.
2007-02-03 11:53:27 · update #1
The employee is probably what is called an "at-will employee," which means he can be fired at any time and for any reason (other than discrimination).
There's no legal argument here. The company can fire the employee for exactly the reasons you describe.
2007-02-03 11:21:50 · answer #1 · answered by Anonymous · 0⤊ 1⤋
This sounds very hypothetical and not very likely to happen. If someone is fired for being surly on the phone with their boss, there is a lot more to it than one phone call.
Some states are work-at-will, meaning either the employee or employer can terminate the employment at any time with or without cause. If this happened in such a state, the now ex-employee could try to sue them for retaliation, but would have a low chance of winning the case. Other states are right-to-work states, where the employer must have cause to terminate the employee. One irate phone call most likely would not be enough to justify the firing unless the employee already has black marks on their record.
2007-02-03 11:20:23 · answer #2 · answered by Brian G 6 · 1⤊ 0⤋
Part of the answer might depend on the employee's job description. If the job description states that the employee was "on call" during the hours in which the manager called than the employee would most likely be held accountable. To get further clarification, the employee should contact their HR department or a higher level manager than the one that fired them. Becoming irrate with your manager could be considered insubordination. Employee insubordination may result in termination.
2007-02-03 11:25:17 · answer #3 · answered by BR 3 · 0⤊ 0⤋
Copping an attitude with the boss, whether at work or not, is probably looking to get fired, although if the boss chooses to be understanding, they can be. Actually, for most jobs, you can get fired for no reason - it's called employment at will and is the law in most states unless there's some kind of contract involved that says otherwise.
Retaliation refers to things like whistle-blowing, not to things the employee did that were wrong. So no, there's no "out" there.
2007-02-03 11:22:43 · answer #4 · answered by Judy 7 · 0⤊ 0⤋
If it's in an "at will" jurisdiction, the manager can pretty much fire you for anything that's not for a discriminatory purpose.
I do think that the manager was being a butt here. If he had a problem with the employee's tone, he should have just said "don't bother coming in, then...ever." Having the employee come in EARLY just to tell them face to face "you're canned" is chickenpoop.
See, this is why I like Caller ID. If the job calls you and you're not wishing to talk, you don't talk.
2007-02-03 11:18:29 · answer #5 · answered by Anonymous · 1⤊ 0⤋
When you work for a company you really need to be able to control your emotions. If you dont like that, then you should open your own business so you can than be an a**hole to your employees and express all the emotions you want. remember when working for corperate america your are under control. the moment they see you not complying with there control YOUR OUT byach. oh yea stop being a pu*** and look for a better job. For some reason i think that there a bit more history than you present. I know your really pis*ed right now but in the long run im sure this was the best thing for you.
2007-02-03 11:42:22 · answer #6 · answered by self 2 · 0⤊ 1⤋
The law states that employer does not have to give you a reason to terminate you. Sometimes they just state that we will no longer need your services. It does not matter if someone was hired after you or not. Your boss was very smart not mentioning the phone call.
Good Luck on your next better job. I was fired one time because the owner did not like who I was sleeping with. I found out a couple months later when I bumper into one of the office workers. She said that he did not believe in interracial relationship. I was not given a reason, he just said that they would no longer need my services.
Three weeks later I got a job closed to my house with the same duties and better benefits.
2007-02-03 11:26:32 · answer #7 · answered by D S 4 · 1⤊ 0⤋
Most employees are what is called "at-will" employees, which means they can be fired for almost any reason, or no reason at all. It is against the law for a worker to be fired for their race, gender, religion, country of origin, age, or disability. It is also illegal for employers to retaliate for union activity, reporting workplace injuries, requesting time off under FMLA, and certain types of "whistleblower" activities.
Unless you have an individual signed contract, which is extremely rare for an hourly employee, or a union contract, you can be fired for almost anything you say to a boss.
2007-02-03 11:22:42 · answer #8 · answered by coolrockboy380 4 · 0⤊ 0⤋
Simple fact is the only place you can cuss out your boss and stand a chance of getting away with it is if you are both out drinking in a bar and he makes undue advices to your wife because he is drunk.
You don't cuss out your boss that is a simple fact. And if he is calling to call you in he is probably already up to his a**s in alligators and in no mood for that. Otherwise he would not be calling you out on overtime.
2007-02-03 11:25:26 · answer #9 · answered by JUAN FRAN$$$ 7 · 0⤊ 0⤋
first of all when the manager called the employee the employee (was not on duty at that time), but, the manager (was on duty at that time)...also, are the written warnings and verbal warnings...(i think by law the employer has to have 2 written warnings and 1 verbal warning)...so, in my opinion, this is personal...and, it is BS..
and, i think my added point is well served.
2007-02-03 11:22:07 · answer #10 · answered by Winters child 6 · 1⤊ 1⤋