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View Full Version : Terminated today in MO Arizona Missouri


kelleyd1
07-27-2006, 09:28 AM
I was terminated today by my employer. He wrote me up for some infractions that had not been discussed with me before today (very small mistakes) and I refused to sign the write-up. I was terminated on the spot. Aren't I supposed to receive my final paycheck upon termination?

Also, should I file an unemployment claim immediately?

Pattymd
07-27-2006, 09:49 AM
Yes, Missouri law requires payment to discharged employees immediately. Wages can continue for up to 60 days if payment is more than 7 days late. You might want to give them the 7 days. When do they say they are going to pay you?
http://www.dolir.mo.gov/ls/faq/faq_general.htm

Yes, you can (and should) file for unemployment immediately.

cbg
07-27-2006, 10:18 AM
BTW, refusal to sign the writeup is a valid reason for termination. Signing the writeup does not mean you agree with it; it means you have been informed of the contents.

kelleyd1
07-27-2006, 12:19 PM
Thank you for your responses. The only reason I did not sign the document is that my boss has been threatening to fire me for the last week (not for any reason) by saying things like "You should go somewhere else if you are not happy" and I did not want to sign anything admitting that I had done something that I had not.

Do you think I will still qualify for UI?

cbg
07-27-2006, 12:22 PM
But that's exactly what I'm saying. Signing the document would NOT have been admitting you did it. Signing a warning means only that you are aware that you have been warned.

Only the state can say for certain if you will receive UI or not but I don't see anything in your post to suggest it would be denied.

rjc
07-27-2006, 06:24 PM
Although your location is unclear, I shall assume that you live in MO. If so, then I think the likelihood of prevailing in the UI claim is good as MO is notoriously liberal.

However, if I were representing the employer I would most certainly advise them to contest your claim. My argument would be that your refusal to sign a warning constituted insubordination, which can reasonably be deemed a willful and deliberate violation of company policy and/or expectation.

A few questions for you:

Any prior discipline? Did your boss indicate what, if any, repurcussions existed if you failed to sign? What exact reason were you given for your discharge?

Pattymd
07-28-2006, 04:40 AM
Yep, I had to give a warning just last month. I made it clear that signing did not mean she agreed. It meant she had been advised of the contents and that not signing didn't mean she didn't have to comply with the (pseudo) PIP contained therein. Whatever. :rolleyes:

kelleyd1
07-28-2006, 09:12 AM
Yes, I am still in MO (actually live in IL and work in MO). Last week my boss told me he was going to write me up for a specific infraction of not meeting my deadline for a project. The deadline was August 15, which has not even passed yet. But when he gave me the document to sign this week, it did not even mention this project. It said I broke company policy by not checking a box on a certified mail receipt. As far as I am aware, there are no company policies - no handbook, nothing written. I told him that I did not feel like I had done anything wrong and did not want to sign this document. He said I had to. I stated that I would sign it writing "I do not agree with these statements" below my signature and then he went ballistic. Called me all kinds of names, banged his fists on his desk and said I was calling him an ***hole (which he is, but I am too professional to say such a thing). He did not explain that if I signed it I was not agreeing, just that I had to sign it.

He and his wife also came in over the weekend and went through my desk and emails to see if I was "hiding" anything (not sure what he thought I was hiding). They obviously didn't find anything and I feel like he was trying to kind of set me up. I know it is perfectly within his rights to do this, but it was totally unwarranted.

I have been with his company for 5 months. In that time I have received 2 pay increases (8% as of June 15) and 3 performance based bonuses (one on June 30 check). In the 5 months that I have been there 15 people have been fired/quit. The company only has 20 employees.

Not sure what is wrong with him, and I know it was a horrible environment, but I really needed this job. Did not want to quit/be fired.

Sorry for the long email, but I wanted to explain my position.

Thanks for the responses.

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