PDA

View Full Version : suspeneded and possibly fired/ layed off


Lmeneses
08-06-2004, 09:58 AM
undefinedundefinedundefinedI work at a daycare and just today I had a parent get nasty with me and accuse me of not paying attention to her child. I listened to her berate me and when she was done she went to complain to the head office. I then went and let my supervisor now what happened and thought she understood me and what had happened. Little did I know that 2 hours later I would be called into her office and suspended with no notice and no understanding why either. All that was said to me was you need to leave and I will call you monday I am investigating this matter. I hadn't had any problems at this place until Feb of this year when I was told I would be facing possible lay off come Sept. I think that this is one way that they are trying to fire me and possibly with hold me recieving any unemployment. Can anyone advise me what I should do now
Thanks

LConnell
08-06-2004, 10:13 AM
Employers have the right to suspend employees and even terminate, so long as the reason for termination is not illegal discrimination...terminating you because you are a certain gender, race, religion, national origin, etc.

However, the issue of unemployment is a little different. Most states (because unemployment is governed by states) will not permit withholding of unemployment unless the employee is guilty of gross misconduct. The determination of what is gross misconduct is not clear and will be determined by the hearing officer. However, in my experience, it is usually things that would be considered as criminal, such as theft, violence against another person, sabotage, etc.

Best of luck to you. Let me know if you have any other questions.

Lmeneses
08-26-2004, 03:11 PM
Well I was fired frommy job after being suspended from Aug6th till Aug12th when I recieved a voice mail tellingme not to return and that I failed to attend a meeting scheduled to discuss matters with me. I never recieved any notice of the meeting and thought that since I was " suspended " I was getting paid for that time. I applied for unemployment and am afraid that they are gong to contest it. Can they do that? I didn't recieve any notice(ritten) about the reasons for my firing until Aug18th. They stated that I had 7 days to object to it fronm the day that the letter was written which was written on the 6th. Is there anything I can do incase they object to my collecting unemployment especially since I do not agree with the grounds of their firing. Was I supposed to get paid for the whole time I was suspended? Also I have found out from a coworker there that this Supervisor is telling everyone about the reason I was fired and is telling prospective employers that " I am not at liberty to discuss his previous employment All I can say is he did work here and that he no longer does for inappropriate reasons." can I do something about this.

LConnell
08-26-2004, 03:51 PM
I would continue to go for the unemployment. Send a very polite and professional letter to your former employer (by certified mail, return receipt required). (The reason that I say polite and professional is that it will be taken more seriously by both your former employer and the unemployment hearing officer.) Be sure to keep a copy of the letter and the return receipt that you will get in the mail.

The letter should say that you contest that you received a letter. Also, tell them that you are concerned about your reputation, your need for successful future employment with another employer. Tell them that you will consider any negative comments made about your performance and the circumstances of your employment that are not factual in nature, whether comments are made directly or implied, as defamation. Because such comments may be detrimental to your ability to receive future employment, you will pursue such comments to the full extent available to law.

Also, appeal the unemployment denial, if it should be denied. Show the unemployment hearing officer the letter you wrote. It will help in defending your position.

While you won't be able to get your job back, it is hoped that you can receive unemployment and put an end into any discussion regarding the terms of your termination.

Now, keep in mind that I'm not an attorney so you may want to talk with one to ensure that you take the proper direction. In any case, good luck and let me know if you have any other question.

* Find more information on Termination.
Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements