j_m74
12-22-2005, 07:18 PM
I am seeking some help or advice for this matter on behalf of my fiance. She was employed with a large resort in West Virginia, as a reservations coordinator. She had been on the job for about 7 months, until just recently when she was terminated.
As you well know, West Virginia has some of the most untamed terrain, and the roads are not exactly forgiving on vehicles (especially in the winter months). My fiance had informed her employer that she would be unable to make it to work one day due to vehicle problems. Her vehicle was being serviced by the auto dealership and the part would not be available until a later time in the evening, which meant she would not have adequate transportation to the office. She followed all policies and procedures to report her absence and was approved by the supervisor for PTO (paid time off) or sick pay as I believe it is referred to. Some hours later, another employer whom my fiance works with called (on a personal basis to check on her) to inquire about her and let her know that she was being terminated due to absence (first offense albeit). Apparently the same supervisor who had taken the phone call and approved my fiance's absence had subsequently decided not to deduct PTO or sick time and allow my fiance to come in the next day (on her regularly sheduled day). What's worse, that supervisor informed a fellow coworker of my fiance's (as well as numerous others) that she would be terminating my fiance.
To add to the complexity of this issue, my fiance and I are to be married in the next few weeks. She had submitted her letter of resignation (and it had been approved) to her employer over two weeks before this incident, since we are to be married and take a lengthy honeymoon. We will then reside in Florida (where I am now with business). My fiance feels that this was a retaliative gesture on behalf of her supervisor towards her for submitting her letter of resignation only weeks before the holiday season (when the resort is often at its peak season). Although she approved the resignation, she tried to schedule my fiance to work "undesirable shifts and dates," such as Christmas Eve, Christmas, and the late shift (11:00 PM - 7:30 AM). My fiance stated that there had also been animosity towards her from the supervisor because she stated she would be leaving before the holidays and would be unable to work (hence the scheduling of those dates and shifts). My fiance called later to ensure that she in fact was terminated and spoke with the supervisor. The supervisor stated that my fiance should just return her employee supplies and equipment (uniforms, bank, etc.) and not come in on her last scheduled day (my fiance's last day was one day after her termination).
Ordinarily, I would urge my fiance to just let it go. However, because I felt like this was an issue of harrassment and degradation as a result of following employer procedure (submitting a letter of resignation and using PTO), and possibly a wrongful termination issue, I felt the need to ask for some advice on this. I am not sure if she is what they call "at-will" employed. Apparently, they are able to hire and fire with or without reason or cause. Are there not any state or federal labor standards that would prevent this from happening? Does she have any ramification or remedy for this issue? Is it even worth pursuing? I am worried that it would be detrimental to her should she try and pursue another job once we are married (should she choose to do so).
As you well know, West Virginia has some of the most untamed terrain, and the roads are not exactly forgiving on vehicles (especially in the winter months). My fiance had informed her employer that she would be unable to make it to work one day due to vehicle problems. Her vehicle was being serviced by the auto dealership and the part would not be available until a later time in the evening, which meant she would not have adequate transportation to the office. She followed all policies and procedures to report her absence and was approved by the supervisor for PTO (paid time off) or sick pay as I believe it is referred to. Some hours later, another employer whom my fiance works with called (on a personal basis to check on her) to inquire about her and let her know that she was being terminated due to absence (first offense albeit). Apparently the same supervisor who had taken the phone call and approved my fiance's absence had subsequently decided not to deduct PTO or sick time and allow my fiance to come in the next day (on her regularly sheduled day). What's worse, that supervisor informed a fellow coworker of my fiance's (as well as numerous others) that she would be terminating my fiance.
To add to the complexity of this issue, my fiance and I are to be married in the next few weeks. She had submitted her letter of resignation (and it had been approved) to her employer over two weeks before this incident, since we are to be married and take a lengthy honeymoon. We will then reside in Florida (where I am now with business). My fiance feels that this was a retaliative gesture on behalf of her supervisor towards her for submitting her letter of resignation only weeks before the holiday season (when the resort is often at its peak season). Although she approved the resignation, she tried to schedule my fiance to work "undesirable shifts and dates," such as Christmas Eve, Christmas, and the late shift (11:00 PM - 7:30 AM). My fiance stated that there had also been animosity towards her from the supervisor because she stated she would be leaving before the holidays and would be unable to work (hence the scheduling of those dates and shifts). My fiance called later to ensure that she in fact was terminated and spoke with the supervisor. The supervisor stated that my fiance should just return her employee supplies and equipment (uniforms, bank, etc.) and not come in on her last scheduled day (my fiance's last day was one day after her termination).
Ordinarily, I would urge my fiance to just let it go. However, because I felt like this was an issue of harrassment and degradation as a result of following employer procedure (submitting a letter of resignation and using PTO), and possibly a wrongful termination issue, I felt the need to ask for some advice on this. I am not sure if she is what they call "at-will" employed. Apparently, they are able to hire and fire with or without reason or cause. Are there not any state or federal labor standards that would prevent this from happening? Does she have any ramification or remedy for this issue? Is it even worth pursuing? I am worried that it would be detrimental to her should she try and pursue another job once we are married (should she choose to do so).
