armer22
04-11-2009, 07:50 PM
in jan. 09 i was termed, the company tried to claim that i quit... there was a hearing before a DES ALJ on 4/7 and i won the appeal that the company had filed.. however, i still dont have my job back, just unemployment.. the UFCW is working to get my job back however i am not holding out hope. i am irritated that after they fired me and used the word termed they then had the nerve to claim i quit.. there are a few issues to my case... but the one that i think i have a wrongful termination suit on is this:
another employee did the same exact thing i did, one day later.. yet he is still emplyed and i am not. that case i can document as i have a statement written from the other employee... i also may be able to prove another similar violation by an employee who was not reprimaned either , that one i can not prove yet!! i was advised that i may have a discrimination suit that i can file with the eeoc based on the fact that the other employee's were of a different race than i.... one is american indian, another hispanic and i am white!! any advise?
what i was fired for was instead of calling my employer when i missed my shift i sent a text message to the boss... by union contract we have 24 hours after missing a shift to inform management... i did this within that time frame... since i worked graveyards, i even sent a text to another employee early in the night when i knew i would not be coming in... the companies claim is that since it was not a phone call it did not count... but the union contract does not speciify what type of communication is required...ie.. email, phone, text, fax!!!
thanks
another employee did the same exact thing i did, one day later.. yet he is still emplyed and i am not. that case i can document as i have a statement written from the other employee... i also may be able to prove another similar violation by an employee who was not reprimaned either , that one i can not prove yet!! i was advised that i may have a discrimination suit that i can file with the eeoc based on the fact that the other employee's were of a different race than i.... one is american indian, another hispanic and i am white!! any advise?
what i was fired for was instead of calling my employer when i missed my shift i sent a text message to the boss... by union contract we have 24 hours after missing a shift to inform management... i did this within that time frame... since i worked graveyards, i even sent a text to another employee early in the night when i knew i would not be coming in... the companies claim is that since it was not a phone call it did not count... but the union contract does not speciify what type of communication is required...ie.. email, phone, text, fax!!!
thanks
