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Derailment
09-12-2005, 10:27 PM
Well i hade an an exam tonight with another possible career opportunity. i gave a weeks notice of the time that i would need off. I filled out their paperwork,and recieved a copy back, signed. But, they had handwritten in a blank space "unless we are busy".
All day today, i was doing odds and ends, just to feel like iwas doing something..But when the time came for me to leave for my exam. the office pulled two jobs out of my box, and said that i couldn't leave because we were busy. I work for a family owned drain cleaning company in kansas. Anyways, i called up my boss and started to tell him that i hadn't been busy all day. And that i was upset about the jobs that were held out on me untill it was time for me to go. He got all irate over the phone, yell at me to "quit my whining", "He doesn't want to hear it". i told him that i wasn't whining, and that i was just telling how it was from my point of veiw...He then said "Take three days off and then come and see if you still have a job". I then said that i wasn't going to miss an opportunity to better myself and my family. And then the conversation ended with him saying go home and don't come back......
I went home, and when i got there my wife said my boss just called and said that he needs me to come to the office and sign a peice of paper saying i walked out and i'm suspended for three days. i feel he's trying to cover his tracks, since i left the office under the understanding that i was fired.....

DOES THIS CLASSIFY AS CONSTRUCTIVE DISCHARGE? :confused:

i didn't go to the office to sign the paper, i thought that was just absurd!! :mad:

Beth3
09-13-2005, 06:38 AM
No, it's not a constructive discharge but even if it was, that in and of itself is not actionable if that's what you're wondering. The last thing the boss said to you was "go home and don't come back." You were fired. I suggest you apply for unemployment benefits immediately.

By the way, I agree that it would have been absurd for you to return to sign that paper saying you were suspended for three days. Sounds like the boss was hoping you were too dumb to realize that your doing so would have likely have barred your receiving UC benefits. Good luck.

Derailment
09-14-2005, 08:56 AM
thank you for the reply, i now have other questions,

the last thing my boss said to me was go home and don't come back, this was not a face to face conversation, it was over the phone.

my question are........

when unempleyment contacts my former employer, what if they say i walked out and quit? or what if they say he is still an employee, he is just under suspension?

i worked for a family business, and have no doubt that they would say untruths, and then back each other up... I feel like they're going to try to stomp on me, and try to make everyone believe that i quit. Which is total untruth.

next question is......

when i go to pick up my check,

Can they delay giving it to me?
can they withhold any earnings?
can they make me pay my vacation back?
do i have to sign anything ?
what if it's not at the office? which is normal. what if my boss has it in his pocket all day and i'm forced to wait untill he has time to give it to me?
Would it be a good idea to take a tape recorder or video camera to document exactly what happens?
what do i do if their action are illegal? should i have my lawyer on speed dial?
can the manager make me have a meeting before giving me my check?

I refuse to back down, this company has ran over every employee it has ever had. I am going to stand my ground and cut them down to size. Would you please help me, and let me know where i stand?

some of the questions i asked are in regards to the following.....
i get paid the 15th, and my final check on the 1st of october. i will return my uniforms the 15th. i drove a service truck and there are a few small items missing, like a screwdriver, drill bit, etc. probably less than $20 worth of stuff.
It was said at one time, that i was actually getting are vacation early, since i hadn't been there a full two years. that was said in spring, since then i have paseed the two year mark.

PLEASE, PLEASE, PLEASE, HELP ME!!!!!!!!!!!!!!!!!!!!!!!!!!!!
I NEED ANSWERS ABOUT WHAT IS LEGAL FOR MY FORMER EMPLOYER TO DO. :eek:

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