Was i wrongfully terminated?

Question

I was fired a few days ago very suddenly. I have been working for a caregiving company for 2 and a half years now and aside from one write up (for missing a shift) I have been a dedicated employee. I was called into the office on Tuesday and they told me another caregiver had reported that i was on my laptop at work and that my husband was outside waiting for me in the courtyard and for those reasons they were letting me go. They did not write me up for using the laptop (i was told about a year ago that it would be better if i just read a book at work) but a good amount of caregivers use their laptops at work and my client was sound asleep and all the household chores were done. It was the last half hour of my shift and i decided to work on some homework. My husband was waiting for me to get off because we have one car and was in the courtyard of the building (on PUBLIC property) they said that was client confidentiality. Is this grounds for termination after 2 1/2 YEARS??

Answer 1

Doesn't sound like grounds, but in this day and age who knows anymore. Call unemployment and asked them, if it is wrongful discharge, they will call the employer on it. They don't want to see anyone fired, but they will get to the bottom of why you were fired.

Answer 2

In most states and in most cases an employer can terminate you for no reason. this type of employment is Procul Mos (at will) You were offered two reasons. The last one, your husband waiting is flimsy, for how else would you get home.

The former (laptop use), while probably not harmful to the client, since he/she was asleep, is insubordination by definition, since you were told not to previously. It doesn't matter what others do, it was a directive you technically did not follow.

The writeup for missing the shift is for their documentation purposes and is a rather serious incident which they could have let you go for, but did not.

However, it can be and probably was a factor in determining letting you go this time.

Move on and hope to get a more lenient employer, as they do seem rigid, but within their rights.

Good luck on the job hunt.

Answer 3

Most employment is based on "at will employment" which generally means that they can fire you and you can leave for no reason whatsoever and with no questions asked. Unless you have an employment contract (which is pretty rare) or you are part of a union (where reasons for firing someone are much more specific) you probably have at-will employment. If you do, then more than likely you were not wrongfully terminated. They can fire you at will for whatever reason they deem fit. If you're really upset about it, you can contact an attorney, but it's likely not worth the time and money.

Answer 4

do you live in a right to work state? if so a company can fire you for no reason...BUT you may try to get unemployment just tell them what happen if and when they ask even if the company tries to deny the unemployment you may still get it the unemployment office is the one who decides..I am going through something alittle like this and I am getting unemployment

Answer 5

Sorry to say, but a private company can let anyone go with no reason, all they have to say is "We do not need you any more".
Union have rule to govern firing, same as government jobs.
No guarantee for private jobs.

Answer 6

instead of just "dealing with it", it might be worth a discussion with the EEO and if you are part of a union, you may want to discuss your case with your union representative.

Skim through your employee handbook and code of conduct and see if you have indeed violated any rules and statutes.

Sorry this happened, let's hope they approve your unemployment claim.

Answer 7

Yes, it is grounds for termination. Deal with it.

Answer 8

Get an attorney they will advise you.
You always have grounds to sue.