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wrongful discharge
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wrongful discharge
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
i was recently discharged for what they say is a Violation of the Customer Interaction/Interface Policy....on Oct. 30th a call was captured and reviewed by Quality Assurance. On this call, i was deter
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wrongful discharge
posted at 11/27/2006 9:44 PM EST
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Posts: 6
First: 11/27/2006 Last: 11/29/2006 |
i was recently discharged for what they say is a Violation of the Customer Interaction/Interface Policy....on Oct. 30th a call was captured and reviewed by Quality Assurance. On this call, i was determined to be an unfavorable interaction with the customer due to inappropriate use of the mute button. Customer was placed on mute for 5 minutes(not true). I talked to my manager who informed me that no discplinary action was being taken on this matter, he just wanted to address this issue and see what was wrong. On the other hand, i have had a few run ins with my manager in regards to attendance. Last week my son was sick, the new attendance policy allows you to miss up to 7 days with a doctors notice i came back in two days and received a verbal, the next day i received a call from the day care about my son being to ill. I asked my Manager, going over my supervisor with hopes that this could all possibly go on the same documents, and when i asked him was there anything he could do, he then went and got my sup and proceeded in saying no. I then went over his head to the director and told him my situation, he told me to leave and get my child. I come back to work and i get terminated for this other issue in which i was told i was not being terminated for almost 1 month prior. Do i have a lawsuit? |
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wrongful discharge
posted at 11/27/2006 9:56 PM EST
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Posts: 6
First: 11/27/2006 Last: 11/29/2006 |
My questions come from the fact that this cause was him getting upset about me going over his head...no corrective action was done on this occasion, and after telling me in my face that there would be none done, but using that to terminate me |
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wrongful discharge
posted at 11/28/2006 12:01 AM EST
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Posts: 147
First: 9/29/2006 Last: 2/11/2007 |
This is not a forum for those seeking legal guidance with which to use against an employer or former employer. This forum is designed for those in the HR field.
I would encourage you to seek guidance from a competent employment attorney for assistance on your situation. |
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wrongful discharge
posted at 11/28/2006 12:51 AM EST
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Posts: 1771
First: 10/24/2002 Last: 9/14/2011 |
Agree with OldHR. You can also try www.freeadvice.com.
NB If you were an at-will employee, then your dismissal was perfectly legal. |
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wrongful discharge
posted at 11/28/2006 5:35 AM EST
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Posts: 3870
First: 2/12/2002 Last: 11/2/2009 |
All states except for Montana recognize the basis of the employment relationship as being one of "at will". Under "at will", an employer may terminate the employment relationship at any time and for any reason or no reason so long as it's not an illegal reason (for example, the reason for the discharge was illegal discrimination on the basis of a protected characteristic).
Employment at will will likely prevail in a situation such as yours if there is no union contract, personal contract or company policy in place that stipulates otherwise. |
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wrongful discharge
posted at 11/28/2006 3:20 PM EST
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Posts: 2442
First: 2/12/2000 Last: 9/14/2011 |
I am not aware of any category of employment that is called "for cause".
There is a discharge for cause and this could be you. If it is and if it is true, it could stop you from collecting unemployment. More importantly, termination for "retaliation" does not apply in the circumstances you described. It applies when an employer retaliates against some one for taking an action that they were protected for by specific law or precedent. This is limited to protection from being fired for filing a a Workers Compensation Claim, an EEO Charge, for reporting a violation against the public interest (for example toxic waste dumping),etc. There is no retaliation protection for an employer that decides to terminate for a policy violation, poor performance, excessive absenteesism (regardless of the valid reasons for the absenteesism) etc. or any other reason that the employer feels like no matter how unreasonable this sounds. In a few limited areas of the US there is protection against "wrongful" discharge. This is why you need to talk to an attorney that is an expert in these matters as was suggested earlier. |
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