My unemployement Story:
- Thread starter REMillers
- Start date
A
AGR
RE:
This is the first I have heard about you losing your job! I am sorry. Sounds like BS to me, for sure. 'Hope you rebound quickly!
This is the first I have heard about you losing your job! I am sorry. Sounds like BS to me, for sure. 'Hope you rebound quickly!
Sorry to hear about this but any HR can hire/fire anybody they care to no whatever/whenever they want unless you can prove that you were asked to leave because of race, religion or gender. Just think of it as a stepping stone to the next tier of your life because all things happen for a reason.
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- 92 & 16 Meyatas
i agree with deansweet, it will ony get worse for you if you try and fight it. we're all "employees at will" meaning we can be let go at anytime for any reason. i'd move on, learn form the experience and prove them wrong by finding a better job at a better comany!! you're in charge of your future man!!
#878MSPChick
Member
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- Audi A4 1.8T Quattro
I agree with the last few posts as well. I have been in HR before. Policies can be enacted just as quickly as they disappear. Just like any other work place, unfortunately, you often fall prey to "how a person feels that day". Sounds to me like you just caught someone on an off day. Your supervisor may have also had something to do with this. If he/she said yes to your face, but complained behind your back - it could be the reason for HR's involvement. Good luck with your job search, it's a tough time of year in this area to bounce back.
Did you receive a severance package? If you were just fired, I would recommend going to the unemployment office (so you have SOME money coming in), and speaking with an attorney. Let me know if I can be of any help. (I know a good lawyer in this field.)
Amber
Did you receive a severance package? If you were just fired, I would recommend going to the unemployment office (so you have SOME money coming in), and speaking with an attorney. Let me know if I can be of any help. (I know a good lawyer in this field.)
Amber
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- 92 & 16 Meyatas
by the way, i'm sorry too!
It sure sucks being fired... but couple of things should've warned you early...
First of all if a company, manager or HR, puts you on probation it's a red flag to you right there that they are covering their asses in order to fire you... since you can sue their asses over it...
You should've started looking for a new job right then.
Second... no one is irreplaceble... if your job was so important than you manager should've stock up for you. But since there was no mention of it two assumptions could be true... he's either a pussy and you should be glad you aren't working for him anymore... or... he was the one who wanted to get rid of you.
Third... don't take the job back even if they'll offer it, although I doubt it very much... you never go back to someone who screwed you or you've screwed.
...in the end everything usually works out for the best and you'll find a better job.
First of all if a company, manager or HR, puts you on probation it's a red flag to you right there that they are covering their asses in order to fire you... since you can sue their asses over it...
You should've started looking for a new job right then.
Second... no one is irreplaceble... if your job was so important than you manager should've stock up for you. But since there was no mention of it two assumptions could be true... he's either a pussy and you should be glad you aren't working for him anymore... or... he was the one who wanted to get rid of you.
Third... don't take the job back even if they'll offer it, although I doubt it very much... you never go back to someone who screwed you or you've screwed.
...in the end everything usually works out for the best and you'll find a better job.
DooMer_MP3
Experience my Member
Sounds like you work for a bunch of Nazis. I pretty much come into work when I please, and nobody cares as long as you get your work done. I'm a software developer as well. No doctors notes (wtf is this, grade school!?)... You'll be better off without them.
Chris
Chris
DooMer_MP3 said:
Yeah tell me about it. You should see all the people around here that abuse the leave system and get away with it. I guess that's the gov't for ya
Sorry to hear about your job, but i'm sure you'll find a new one soon as the economy is recovering rapidly.
Yes, this does suck and I wish you luck whatever you decide to do. If your supervisor was behind this, all of this may be pointless. However, here are a couple of suggestions if you want to pursue them.
Do you still have a copy of your employee handbook or something written indicating the leave policy that you were abiding by? If so, you can use that when you see your VP. HR is supposed to be legally bound to written policy and if it hadn't been changed, they shouldn't be able to hold it against you.
"Was sick so said I would be one hour late. HR said a doctors note was required, but I convinced them that it is not feasible to ask that. Instead of being 1 hour late, I would be up to 4 hours late (time to make a doctors visit, see them, and get to work)
So they changed it to bring the note the following day; fine."
Is this part of the leave policy or is it new? Also, do you know of any other employees that this was done to? If not, it is discriminatory and illegal. Policy can change quickly, but it needs to be dispersed to all employees and applied equally.
"Then on last Wednesday I was 15 minutes late, which I called ahead way before due to HEAVY traffic. Manager said fine."
Traffic should be negotiable. Esp. in this area. I have coworkers who regularly come in 1/2 hr. late because of traffic. Heck, I've got one who called in this morning and said she had a flat tire and she still hasn't shown up.
The probation could be an issue and probably was a warning sign, but I might have gone to talk to the supervisor, not necessarily started job hunting at that point.
Employment in VA is at will, which means that employees can be fired without cause. But they do have to pay unemployment if you can prove this.
If they have not documented or have justification for their actions and you feel like it, you can take them to court.
All this being said, I don't know your companies policies and this is not my forte. Again, I wish you the best whatever you do.
Do you still have a copy of your employee handbook or something written indicating the leave policy that you were abiding by? If so, you can use that when you see your VP. HR is supposed to be legally bound to written policy and if it hadn't been changed, they shouldn't be able to hold it against you.
"Was sick so said I would be one hour late. HR said a doctors note was required, but I convinced them that it is not feasible to ask that. Instead of being 1 hour late, I would be up to 4 hours late (time to make a doctors visit, see them, and get to work)
So they changed it to bring the note the following day; fine."
Is this part of the leave policy or is it new? Also, do you know of any other employees that this was done to? If not, it is discriminatory and illegal. Policy can change quickly, but it needs to be dispersed to all employees and applied equally.
"Then on last Wednesday I was 15 minutes late, which I called ahead way before due to HEAVY traffic. Manager said fine."
Traffic should be negotiable. Esp. in this area. I have coworkers who regularly come in 1/2 hr. late because of traffic. Heck, I've got one who called in this morning and said she had a flat tire and she still hasn't shown up.
The probation could be an issue and probably was a warning sign, but I might have gone to talk to the supervisor, not necessarily started job hunting at that point.
Employment in VA is at will, which means that employees can be fired without cause. But they do have to pay unemployment if you can prove this.
If they have not documented or have justification for their actions and you feel like it, you can take them to court.
All this being said, I don't know your companies policies and this is not my forte. Again, I wish you the best whatever you do.
MP5driva03
Member
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- 1995 Subaru Impreza AWD Wagon
Rob, you already know how I feel about that company and their bulls*** towards you in this case....just know you have my support should you ever need it. Good luck buddy.
Chandler
Chandler
My manager is sorta of withdrawn in that she doesn't really stand up for herself. She can be easily backed down, however her manager is not. She will fight like a bull dog till the end, along with my VP. Yet they had no knowledge of a problem, which is strange in a close net enviroment like ours.
What was funny is that I was looking into jobs that afternoon, cause the position really did not reflect my degree or skills. I was improving on the position based out of bordeom.
Guess what I really want from HR or the manager is a feeling of what could be done was done. At this moment it does not feel that way.
Thanks guys.
This probably will be for the better.
Oh and stopped by today to chat with some co-workers, and the other auditors didn't show up today. They weren't fired, but just didn't show. Apparantly there was a big stink when the news was broken to them.
What was funny is that I was looking into jobs that afternoon, cause the position really did not reflect my degree or skills. I was improving on the position based out of bordeom.
Guess what I really want from HR or the manager is a feeling of what could be done was done. At this moment it does not feel that way.
Thanks guys.
This probably will be for the better.
Oh and stopped by today to chat with some co-workers, and the other auditors didn't show up today. They weren't fired, but just didn't show. Apparantly there was a big stink when the news was broken to them.
OhioMSPinNJ
Member
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- 2004 Dodge Ram HEMI
Yes, we are all employees at will; however, there is a thing called Wrongful Termination, which includes but is not limited to...
Being terminated for any reason related to race, religion, sex, etc.
Or, as pertinent to this case, being fired for a reason that was excused by your manager/supervisor. All you (REMiller) would have to say is "If my manager would not have okayed my tardiness of 15 minutes when I called ahead, I would have been here on time. The same goes for the previous time off in the summer. You were only doing what you were given permission to do. In addition, you met all the demands of their "Action Plan."
I have a TON of experience dealing with HR departments of different companies, and they all have one thing in common... they are scared to death of lawsuits. Because, unless they can prove (keep in my mind that if REMiller brings a case to this company it will be their responsibility to prove that there was a reason for the termination) they will be responsible. More times than not, HR departments review there cases before going to court and 99% of the time settle out of court for two reasons (1) just in case they lose and (2) Negative publicity, every company hates losing their so called "good will" within the communities.
So in closing, REMiller, if you think it is worth your time and you are 100% correct in your claim, your case probably wont even make it the hearing.
Sorry this was so long, but just my pennies worth...
Being terminated for any reason related to race, religion, sex, etc.
Or, as pertinent to this case, being fired for a reason that was excused by your manager/supervisor. All you (REMiller) would have to say is "If my manager would not have okayed my tardiness of 15 minutes when I called ahead, I would have been here on time. The same goes for the previous time off in the summer. You were only doing what you were given permission to do. In addition, you met all the demands of their "Action Plan."
I have a TON of experience dealing with HR departments of different companies, and they all have one thing in common... they are scared to death of lawsuits. Because, unless they can prove (keep in my mind that if REMiller brings a case to this company it will be their responsibility to prove that there was a reason for the termination) they will be responsible. More times than not, HR departments review there cases before going to court and 99% of the time settle out of court for two reasons (1) just in case they lose and (2) Negative publicity, every company hates losing their so called "good will" within the communities.
So in closing, REMiller, if you think it is worth your time and you are 100% correct in your claim, your case probably wont even make it the hearing.
Sorry this was so long, but just my pennies worth...
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OhioMSPinNJ said:
In VA that doesn't mean s***! Sorry I know!!!
I was fired/laid off from a company because A. I was a girl and B. because I was a college student! They knew that I would be going back to school in the fall and had no problem with it. My first week back they came back there and said. We are letting you go because we need someone here all the time and it is not fair to hire a part time person for the days you aren't here {my thoughts - but it is fair to fire a person who knows what they are doing to get someone else in there} we are giving you the day paid so you can go find another job {because you can find a job in 6 hours!}"
I talked to attorney and they stated that it didn't matter. I talked with unemployment and they said it didn't matter and that I couldn't get unemployment because I still had an occupation as a college student.
Oh and just to let you know the reason I say it was also because I was a girl is due to the fact that they did not want to hire me at first and stated that it was due to my gender!
Oh and even better my husband worked there. (At the time he was just my fiance'). I got fired and they took him out to dinner for it. They wanted to make sure everything was cool with him. It was kinda bogus. I am glad it happened though and I did get a job within a week making more money and doing less work (I no longer had to lift 100lbs!!! Or lift steel pipe 21'-0" by 1-1/2"diameter).
So moral of this story -
VA law makes it to where you can get fired for anything at anytime. It doesn't matter if you are young/old, educated/not educated, male/female, handicaped/fine or anything else for that matter. You will be hard pressed to sue a company over the right for a job that in the end is not even worth your time!
Commonwealths suck!
OhioMSPinNJ
Member
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- 2004 Dodge Ram HEMI
Cirielle said:
I am sorry for your "mishap" but the ironic piece of this is, my company just lost a case in the very state of Virginia in the beginnig of October. I wont give too many specifics, but the girl was let go for performance reasons ( we are a sales org) she didnt hit her quota for the previous 3 months. She claimed gender and age biased reasons were the determining factor for her dismissal. We had all of the documentation to her lack of performance, but still lost due to the ratio of females to males (20% range), AND HER BOSS WAS A FEMALE! There were other details to the case but that is the nutshell version. Now in Virginia there may be the 90 day probationary period, and maybe that is how your particular case was justified, but in every state there still is wrongful terfmination.
If Virginia had a law that stated that as an employer, you could fire anyone for any reason, dont you think every corporation would have their headquarters in Virginia, so that if they decided to fire one the "Big Wigs" they could do it with no justification, and avoid the major lawsuits? Because as hard as is it is for a company to fire someone (and it is hard), it becomes even harder and more expensive to fire executives...
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- 92 & 16 Meyatas
i think all the time, energy and money would be better spent if you put the bad behind and move forward. spend all that enegry looking for the next great opportunity. say goodbye to the jerks who let you go...it's they're loss!
OhioMSPinNJ
Member
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- 2004 Dodge Ram HEMI
bazooka joe said:
I would second that
