My sister got fired for something she did not do. The data used was
from a report saying she was hanging up on people. She works in
a call center environment and the calls are tracked by a report which gave info claiming she is not talking to the people when they call in. She is not quilty but they said the report speaks for itself. She was not given any warning or anything. She did not do this and
says there has to be a problem with the report. Can and how should she fight this. She has never been written up for anything with this company and was totally shocked when this happened.
Thanks for any help.
2007-02-26 01:25:58 · 11 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
I kind of disagree with some of the other answers. If there is a grievance procedure at her job, she MUST file a grievance. If she belongs to a Union, they must defend her. If there is a personnel handbook, it's a contract and the company MUST follow it.
We'll suppose none of the above exists. She's a woman, therefore she belongs to a "special class" under the law. She should contact and file a complaint with the EEOC and your state's Human Rights Division. If she was fired unfairly, she can claim sex discrimination. If one man was treated differently--she can win. If there is no proof of discrimination, she still has an EEOC/Human Rights complaint just because she's a woman. If she was not on probation, she has a right to keep her job (not that she would necessarily want to do so). We are NOT a completely "at will" nation in the employment context. There are protections for everyone except white males under the age of 40. She does need to act quickly. She can lose by waiting too long. File for unemployment immediately. Even if she loses, they have to open her entire file to her IF she asks--so make sure she asks. If she loses before the hearing officer, she should appeal.
2007-02-26 01:55:21 · answer #1 · answered by David M 7 · 0⤊ 1⤋
I worked 10 years for "the largest Trave organization in the world", much of it on the phones.... They had a sophisticated phone system that did everything but fix lunch. Reports from the system showed, how many phone calls came in to you, how many you answered, how long the conversation was and plenty of other information. Plus, they had a phone monitoring system that allowed the managers to physically listen in on conversations.
If your sister didn't do her job right, her company knew it. Hang up phone calls do not mysteriously show up on the phone reports. She can't fight it. Next time she needs to take care of her part of the business...
2007-02-26 06:00:55 · answer #2 · answered by Anonymous · 1⤊ 0⤋
The reporting from a call centre, if sophisticated, will show the length of the calls your sister took.
I would suggest that she has a variety of options with respect to employment, as there are hundreds of call centres around the US and Canada. It would be far too much effort to fight them...and all the while...she's not making money. Best for her to simply interview with a new company. Move on...
2007-02-26 01:43:38 · answer #3 · answered by Super Ruper 6 · 0⤊ 2⤋
First of all, make sure that she doesn't sign the report that she was given notifying her of the reasons for her losing her job. Tell them that she would like to see the policy that prohibits warnings and fires upon first offense. Sadly though, she probably will not get her job back, but if she has that information, then when she goes to find work elsewhere she has the stuff to back up her claim that they just got a wild hair up their butts.
2007-02-26 01:30:57 · answer #4 · answered by Anonymous · 1⤊ 2⤋
Sometimes you just have to suck it up and move on. It doesn't sound like this job is really worth fighting for.
However, if she really wants to fight, she should seek out an attorney that specializes in labor cases. The chances of getting the job back are nil, but at least she might win some vindication and cash.
2007-02-26 01:30:13 · answer #5 · answered by partygrl319 3 · 1⤊ 1⤋
The US is an at will country if you're talking about the US. The companies have the right to fire you without notice and you have the right to quit without notice. There's not too much she can do unless she is part of a union.
2007-02-26 01:33:41 · answer #6 · answered by Land Warrior 4 · 0⤊ 2⤋
Go to a lawyer and ask him to take on the Unfair Dismissal case. Do it quickly as time will be short
2007-02-26 01:30:00 · answer #7 · answered by rockandrollrev 7 · 1⤊ 2⤋
This is tough. She could contact the Department of labor to intercede, but if they wanted her out, they can cook the reports as they see fir
2007-02-26 01:30:14 · answer #8 · answered by Experto Credo 7 · 1⤊ 2⤋
This is a difficult situation, but I would talk to the boss about it, and if no satisfation, then go to a lawyer, and ask them about an unfair termination.
2007-02-26 01:37:44 · answer #9 · answered by Pauly W 7 · 0⤊ 2⤋
Appeal through your local workforce development center.
2007-02-26 01:30:57 · answer #10 · answered by Guess Who 6 · 0⤊ 2⤋