Tony No Job
01-17-2006, 12:42 PM
instead of boring you with a break down of my situation I am just posting the letter I sent to my HR dept and the heads of the company I was recently terminated from. All the quotes are from email communications between myself and my supervisor. At the end I am demanding a severance so please read the entire letter and base your opinion of my claim of discrimination and retaliation. Of course all names have been deleted. By the way this is Georgia
Thanks
Tony No Job
__________________________________________________ _______________
January 9, 2006
Re: Termination of Tony
At first I typed up an extensive email detailing all the events leading up to my termination, but I didn’t want to bore you. In turn I will summarize everything the best way I can here. I feel strongly that I am a victim of retaliation and discrimination at the hands of (blank) and (blank). Last week I was terminated by (blank) for what he says "I hate that it came to this, but we need someone in the helpdesk position who is reliable for making it in to work and who can work within the allotted amount of hours of paid time off.", but yet he continually allowed one (blank) to repeatedly come into work hours late everyday throughout my training process and beyond. According to the employee handbook under "Punctuality and Timeliness" more than two per month is considered excessive tardies and even with that the punishment was "counseling which for repeated offenses, may include termination".
I was never afforded counseling and I never had excessive tardies or unexcused absences my attendance concern was never addressed to me! (blank) also said "At this point, you have no sick leave remaining and you are 20 hours over your accrued vacation time. We do not provide for unpaid leave. “, but according to (hr website) I have 40 hrs of vacation. I know I may not have 40 hrs left, but I am not 20hrs over (as of Jan 5, 2006). The last vacation day I took was X-Mas eve and that was approved ahead of time by (blank). Why would he approve me if I was over my “allotted amount of hours of paid time off.”? Also upon making six months according to the employee hand book I am given “2 Personal Days". My issue is why wasn’t I afforded the opportunity as someone who is late to work everyday (unscheduled and unapproved) I hate to say that it's discrimination, but this is the only logic I see.
I could understand if I was a "deadbeat" employee, but in my six months I have received numerous accolades via email from shops all over the country. I was even nominated for 'Employee Of The Day" by the GM (blank) in Savannah, you probably didn't know that because it was never sent out to "all users" by my superiors. For (blank) to immediately terminate me without saying one word to me and to have him block my IP address from sending email when I was only trying to communicate with him says that this was more than an attendance issue. From this statement in one of his emails "I am on call this weekend (sat and sun) – so take all the medicine you need to get well. I worked 12 days straight last week. I don’t want to do that again by having to work this sat and sun..." I should have known that this was not for the good of the company this was personal. The "..." at the end of the email meant if he had to work the weekend I'm FIRED! Once again the Employee Handbook states:
"The Company generally tries to counsel associates whose performance is unsatisfactory through verbal warnings and/or corrective interviews given by the associate's supervisor. The Company will not, however give warnings or corrective interviews in any situation where the company believes that the Company’s best interest will be served by immediately dismissing a person from employment, including situations involving dishonesty, misconduct, failure to record a sales transaction or other violations of the Company policies."
I violated none of the company policies! My performance was not unsatisfactory so why wasn't I afforded the right to verbal warnings or corrective interviews? Which I didn't need those because I have’nt violated any policies because all of my time was approved! Was (blank) given verbal warnings and/or corrective interviews? If not then it's clear that he was afforded privileges not given to me. If he was counseled then once again he was given preferential treatment (for a violation that is clearly laid out in the Hand Book) and I wasn't. I spoke to (blank in HR) today (because (blank) said "I no longer have anything to say to you. If you have any further questions, please contact our Human Resources Department”) and he told me that each employee is handled on an individual basis (wasn't the Handbook created for everyone to be treated equally?). To quote him when asked the difference between me using approved time and (blank)'s frequent tardies he said "I don’t know his situation he may have had Vacation and Sick Time" For being tardy to work everyday? Are you serious? He also went on to say when asked if (blank) had been counseled for his actions "I am sure (blank) has spoken with him by now" I responded "So why wasn’t I afforded the opportunity to counsel" his answer "I don't know". Who regulates and enforces the Employee Handbook? I thought it was Human Resources.
When I tried to get a thorough understanding of the situation as well as come to a compromise or resolution before Saturday (24hrs away) all (blank) said was "The decision has been made. Call me in the office on Monday." I responded with in which I copied (blank in HR)
"According to (hr website) I have 40hrs of vacation time. I only used 2 days of sick time when I was out because of my heart issue and if I'm not mistaken I made 6 months so I should get personal time as well. I have never known for anyone to be terminated while under doctor’s care. Attached are both copies of my doctors note the first is from my initial appointment on Tuesday and the second is from my follow-up on Thursday. I can also provide copies of chest x-rays and any other documents to prove validity of my sickness. Why do I have to wait until Monday to discuss this?"
He immediately blocked my IP address so I couldn't communicate with him or anyone in the corporate office. This clearly showed me that he was stepping outside of his duties as a Supervisor and taking a personal attack on me. Retaliation!
I have always live by your Core Values even before I was employed by (The Company). Trust, Respect, Integrity and Family Culture is what I practice everyday and I only expect that in return. I trusted that (blank) would respect me as a dedicated employee and that he would show me the same integrity that he showed his family on Day shift. I was wrong! When it came down to it I could have died for all he cared as long as he didn't have to work 12 days straight. No effort was made on his part to keep a documented good employee. Even in the employee Handbook under "Personal Leave" it states:
"Under certain circumstances, and with the approval of the Vice President of Human Resources prior to a leave beginning, a thirty (30) day unpaid Leave Of Absence will be granted to full and part-time associates with a valid personal need providing:
* You have six months of continuous full or part time service with the Company
* Vacation time and personal days have been exhausted.
* Mutual agreement can be arranged between associate and supervisor and approved by Human Resources."
For Christ sakes I had pneumonia! Shouldn’t I be given some consideration?
With all of that being said I am forced to present you with the following:
As a severance package for my Wrongful Termination based on the above violations of Labor Laws I seek the following.
* The equivalent of 2 years (24 months) of my annual base salary Seventy Thousand Dollars total ($70,000)
* Paid continuation of my Health and Life insurance benefits for a two year period (24 months).
* A letter drawn up by HR to show an amicable split between myself and (The Company).
* A formal Letter Of Apology to me from (blank) and (blank) to be distributed Company wide.
These listed items are what I need to not only feel vindicated but to
maintain my dignity in my home as well as in the workforce. I will follow
this email up with a certified copy of this transcript to the Human
Resources Department to file and respond formally within 7 business days to (My Address). I hope that we can rectify this unwarranted and emotionally exhausting situation without having to drag it out. If we can't then I will be forced to pursue State and Federal charges against the company to obtain justice. (The Company) is a great Company as a whole and I do not want a few rotten apples to spoil the bunch, but I will fight to the end for my dignity and just due.
Respectfully
Tony
Thanks
Tony No Job
__________________________________________________ _______________
January 9, 2006
Re: Termination of Tony
At first I typed up an extensive email detailing all the events leading up to my termination, but I didn’t want to bore you. In turn I will summarize everything the best way I can here. I feel strongly that I am a victim of retaliation and discrimination at the hands of (blank) and (blank). Last week I was terminated by (blank) for what he says "I hate that it came to this, but we need someone in the helpdesk position who is reliable for making it in to work and who can work within the allotted amount of hours of paid time off.", but yet he continually allowed one (blank) to repeatedly come into work hours late everyday throughout my training process and beyond. According to the employee handbook under "Punctuality and Timeliness" more than two per month is considered excessive tardies and even with that the punishment was "counseling which for repeated offenses, may include termination".
I was never afforded counseling and I never had excessive tardies or unexcused absences my attendance concern was never addressed to me! (blank) also said "At this point, you have no sick leave remaining and you are 20 hours over your accrued vacation time. We do not provide for unpaid leave. “, but according to (hr website) I have 40 hrs of vacation. I know I may not have 40 hrs left, but I am not 20hrs over (as of Jan 5, 2006). The last vacation day I took was X-Mas eve and that was approved ahead of time by (blank). Why would he approve me if I was over my “allotted amount of hours of paid time off.”? Also upon making six months according to the employee hand book I am given “2 Personal Days". My issue is why wasn’t I afforded the opportunity as someone who is late to work everyday (unscheduled and unapproved) I hate to say that it's discrimination, but this is the only logic I see.
I could understand if I was a "deadbeat" employee, but in my six months I have received numerous accolades via email from shops all over the country. I was even nominated for 'Employee Of The Day" by the GM (blank) in Savannah, you probably didn't know that because it was never sent out to "all users" by my superiors. For (blank) to immediately terminate me without saying one word to me and to have him block my IP address from sending email when I was only trying to communicate with him says that this was more than an attendance issue. From this statement in one of his emails "I am on call this weekend (sat and sun) – so take all the medicine you need to get well. I worked 12 days straight last week. I don’t want to do that again by having to work this sat and sun..." I should have known that this was not for the good of the company this was personal. The "..." at the end of the email meant if he had to work the weekend I'm FIRED! Once again the Employee Handbook states:
"The Company generally tries to counsel associates whose performance is unsatisfactory through verbal warnings and/or corrective interviews given by the associate's supervisor. The Company will not, however give warnings or corrective interviews in any situation where the company believes that the Company’s best interest will be served by immediately dismissing a person from employment, including situations involving dishonesty, misconduct, failure to record a sales transaction or other violations of the Company policies."
I violated none of the company policies! My performance was not unsatisfactory so why wasn't I afforded the right to verbal warnings or corrective interviews? Which I didn't need those because I have’nt violated any policies because all of my time was approved! Was (blank) given verbal warnings and/or corrective interviews? If not then it's clear that he was afforded privileges not given to me. If he was counseled then once again he was given preferential treatment (for a violation that is clearly laid out in the Hand Book) and I wasn't. I spoke to (blank in HR) today (because (blank) said "I no longer have anything to say to you. If you have any further questions, please contact our Human Resources Department”) and he told me that each employee is handled on an individual basis (wasn't the Handbook created for everyone to be treated equally?). To quote him when asked the difference between me using approved time and (blank)'s frequent tardies he said "I don’t know his situation he may have had Vacation and Sick Time" For being tardy to work everyday? Are you serious? He also went on to say when asked if (blank) had been counseled for his actions "I am sure (blank) has spoken with him by now" I responded "So why wasn’t I afforded the opportunity to counsel" his answer "I don't know". Who regulates and enforces the Employee Handbook? I thought it was Human Resources.
When I tried to get a thorough understanding of the situation as well as come to a compromise or resolution before Saturday (24hrs away) all (blank) said was "The decision has been made. Call me in the office on Monday." I responded with in which I copied (blank in HR)
"According to (hr website) I have 40hrs of vacation time. I only used 2 days of sick time when I was out because of my heart issue and if I'm not mistaken I made 6 months so I should get personal time as well. I have never known for anyone to be terminated while under doctor’s care. Attached are both copies of my doctors note the first is from my initial appointment on Tuesday and the second is from my follow-up on Thursday. I can also provide copies of chest x-rays and any other documents to prove validity of my sickness. Why do I have to wait until Monday to discuss this?"
He immediately blocked my IP address so I couldn't communicate with him or anyone in the corporate office. This clearly showed me that he was stepping outside of his duties as a Supervisor and taking a personal attack on me. Retaliation!
I have always live by your Core Values even before I was employed by (The Company). Trust, Respect, Integrity and Family Culture is what I practice everyday and I only expect that in return. I trusted that (blank) would respect me as a dedicated employee and that he would show me the same integrity that he showed his family on Day shift. I was wrong! When it came down to it I could have died for all he cared as long as he didn't have to work 12 days straight. No effort was made on his part to keep a documented good employee. Even in the employee Handbook under "Personal Leave" it states:
"Under certain circumstances, and with the approval of the Vice President of Human Resources prior to a leave beginning, a thirty (30) day unpaid Leave Of Absence will be granted to full and part-time associates with a valid personal need providing:
* You have six months of continuous full or part time service with the Company
* Vacation time and personal days have been exhausted.
* Mutual agreement can be arranged between associate and supervisor and approved by Human Resources."
For Christ sakes I had pneumonia! Shouldn’t I be given some consideration?
With all of that being said I am forced to present you with the following:
As a severance package for my Wrongful Termination based on the above violations of Labor Laws I seek the following.
* The equivalent of 2 years (24 months) of my annual base salary Seventy Thousand Dollars total ($70,000)
* Paid continuation of my Health and Life insurance benefits for a two year period (24 months).
* A letter drawn up by HR to show an amicable split between myself and (The Company).
* A formal Letter Of Apology to me from (blank) and (blank) to be distributed Company wide.
These listed items are what I need to not only feel vindicated but to
maintain my dignity in my home as well as in the workforce. I will follow
this email up with a certified copy of this transcript to the Human
Resources Department to file and respond formally within 7 business days to (My Address). I hope that we can rectify this unwarranted and emotionally exhausting situation without having to drag it out. If we can't then I will be forced to pursue State and Federal charges against the company to obtain justice. (The Company) is a great Company as a whole and I do not want a few rotten apples to spoil the bunch, but I will fight to the end for my dignity and just due.
Respectfully
Tony
