princess_ivy
02-13-2006, 03:55 PM
Hello Everyone,
I really need some advise on a current situation that I am dealing with.
On Tuesday of last week I received my first write up from my job in regards to my tardiness. The write up had placed me on a 30 day probation but when I read the Employee Handbook and the handouts given to me by my supervisor it specified that you are first given a verbal warning/write-up for calling out or tardiness and then you receive a second write-up in which at that time you are placed on probation.
I informed my supervisor that I was concerned about being placed on probation because I had not been given a write-up or verbal prior to this as stated in the employee handbook and the handout. We had a meeting and he asked me had I been informed about the companies policies and procedures in regards to tardiness and I told him yes before I started working and I told him that the head supervisor had given me a list of numbers to call if I were to be tardy. My supervisor acknowledged that he made a mistake by not giving me a verbal/write-up prior to this situation and since there had been no prior paperwork on me he would consider this my verbal and my write-up and he took the 30-day suspension off.
So on Friday he called me to come to work and they told me that their paperwork showed that I wasn't working on Tuesday however, they wrote down a log-in number next to my name different then the log in that I was actually under(I work at a call center). They were going to terminate me for not being logged in on the computer but when they pulled my paperwork they showed that I was infact on the phone and they had made a mistake (yet again) by not documenting the correct information. They had proof that I was on the phone the entire night and I had made 16 activations. However, my supervisor still terminated me because of insubordination because he said I lied about not being given a verbal warning by the head supervisor. The head supervisor admitted that she never told me that I had a verbal warning she just gave me a paper telling me what numbers to call if I was going to be late in the future, but she never told me that was my verbal warning, (so of course I didn't know that was my verbal warning). The head supervisor said she assumed that I knew and they expect all employees to know that when they give you a paper with numbers to call (even if they do not state that this is your verbal) you are supposed to know that it is your verbal warning, even though this is not stated in the employee handbook.
My question is...is it right for an employer to assume that you know that you have received a verbal warning even if they don't tell you it's a verbal warning? How are you supposed to know it's a verbal if they don't say that and why was I fired for saying she didn't give me a verbal warning when she admitted that she didn't tell me that was my verbal warning but she just expected me to know...I am very confused at this point and I really don't think they have the grounds to terminate me on just that reason alone because the main reason why they were going to terminate me in the first place is because they made a mistake and wrote down the wrong log-in number next to my name and because of that they thought that I wasn't doing work. When it was proven that they were the ones who made the mistake, twice, they tried to find another reason to make the termination stick but I don't think it's justifiable. What are my rights at this point when the company admitted they were wrong on 2 occasions yet they still terminate me on something that they failed to do as outlined in the employee handbook?
I really need some advise on a current situation that I am dealing with.
On Tuesday of last week I received my first write up from my job in regards to my tardiness. The write up had placed me on a 30 day probation but when I read the Employee Handbook and the handouts given to me by my supervisor it specified that you are first given a verbal warning/write-up for calling out or tardiness and then you receive a second write-up in which at that time you are placed on probation.
I informed my supervisor that I was concerned about being placed on probation because I had not been given a write-up or verbal prior to this as stated in the employee handbook and the handout. We had a meeting and he asked me had I been informed about the companies policies and procedures in regards to tardiness and I told him yes before I started working and I told him that the head supervisor had given me a list of numbers to call if I were to be tardy. My supervisor acknowledged that he made a mistake by not giving me a verbal/write-up prior to this situation and since there had been no prior paperwork on me he would consider this my verbal and my write-up and he took the 30-day suspension off.
So on Friday he called me to come to work and they told me that their paperwork showed that I wasn't working on Tuesday however, they wrote down a log-in number next to my name different then the log in that I was actually under(I work at a call center). They were going to terminate me for not being logged in on the computer but when they pulled my paperwork they showed that I was infact on the phone and they had made a mistake (yet again) by not documenting the correct information. They had proof that I was on the phone the entire night and I had made 16 activations. However, my supervisor still terminated me because of insubordination because he said I lied about not being given a verbal warning by the head supervisor. The head supervisor admitted that she never told me that I had a verbal warning she just gave me a paper telling me what numbers to call if I was going to be late in the future, but she never told me that was my verbal warning, (so of course I didn't know that was my verbal warning). The head supervisor said she assumed that I knew and they expect all employees to know that when they give you a paper with numbers to call (even if they do not state that this is your verbal) you are supposed to know that it is your verbal warning, even though this is not stated in the employee handbook.
My question is...is it right for an employer to assume that you know that you have received a verbal warning even if they don't tell you it's a verbal warning? How are you supposed to know it's a verbal if they don't say that and why was I fired for saying she didn't give me a verbal warning when she admitted that she didn't tell me that was my verbal warning but she just expected me to know...I am very confused at this point and I really don't think they have the grounds to terminate me on just that reason alone because the main reason why they were going to terminate me in the first place is because they made a mistake and wrote down the wrong log-in number next to my name and because of that they thought that I wasn't doing work. When it was proven that they were the ones who made the mistake, twice, they tried to find another reason to make the termination stick but I don't think it's justifiable. What are my rights at this point when the company admitted they were wrong on 2 occasions yet they still terminate me on something that they failed to do as outlined in the employee handbook?
