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  • Wrongful termination? IL Illinois

    Hey Everybody, If Its ok I will post my journal of the last 8 months about the matter. there is a lot to type and really even more than this. My question is, does this sound like something I may be able to pursue legally? Or just collect my unemployment (if I get it) and move on>
    In early to mid August, my boss (DIRECT SUPERVISOR)approached me and stated that he suspected (employee NAME REMOVED) of coming into work high. He asked me to have a conversation with this employee and let her know that if we suspect her of coming into work high again she will be sent home and terminated. I spoke with the her that night and asked her if she was coming into work high, she admitted to smoking marijuana but denied coming into work high. I informed her that if we thought she was high at work we would be sending her home and terminating her. The next day I came into work at 4pm. I was met at the office door by (DIRECT SUPERVISOR) he stated that Megan had come in and desired to press sexual harassment against me for inappropriate comments about her breasts. Before I could say anything he told me not to worry about it and he knew it was false because I had talked to her the night before and because I had had to have numerous conversations with her concerning her performance. I was also offered a promotion this month to running my own (FORMER PLACE OF EMPLOYMENT). Would have required a move and did not wish to move at this time so I respectfully declined.
    In early December I reported to (AREA DIRECTOR NAME REMOVED) financial improprieties regarding (DIRECT SUPERVISOR) $208 dollars missing for nearly 2 months from a charity pancake breakfast that (DIRECT SUPERVISOR)) claimed to be carrying in his car. Plus serious deviances from petty cash handling including a rolling shortage in petty cash of 50-250 dollars for 6+ months. Which is in clear violation of cash handling procedures and is normally a term able offence without question. see attached images
    (AREA DIRECTOR NAME REMOVED) came into the (FORMER PLACE OF EMPLOYMENT) and spoke with (DIRECT SUPERVISOR)) for about 5 minutes and said it was very sloppy and could see how it looked bad and informed me that (DIRECT SUPERVISOR)) would be fixing everything that night. (AREA DIRECTOR) also told me that (DIRECT SUPERVISOR)) was having a really hard time at home and we have to support each other in good times and bad. He then stated that (DIRECT SUPERVISOR)) would never throw me under the bus, and he couldn't believe I did it to him. For the record, the missing money was not fixed for 3 weeks. Still $50 of this money was never recovered.
    3 days later when the new schedule came out my schedule was in clear violation of the company policy. I had 4 closes per week and all of the agreed upon days I was suppose to have off were not given to me even though they had been given without issue in the past. (company policy requires no more than 3 closes per week, 2 days off in a row and one weekend a month off: see attached schedule.) Approached (DIRECT SUPERVISOR)) and asked about it and he claimed I told him to make the schedule that way.
    I asked to use a personal day due to babysitter issues 3 weeks in advance and prior to the making of the schedule, which I might add I had never used one in 10 years. (DIRECT SUPERVISOR)) informed me that I was not allowed to use personal days, they were there for sick time. That same schedule (DIRECT SUPERVISOR)) scheduled himself a personal day and took two more throughout the month by calling in a key hourly ((HOURLY MANAGER)) to work his shift. I might also add that we are not allowed to call in sick so essentially we were not allowed to use our personal days.
    The day after that I was chewed out for not giving (EMPLOYEE)more shifts. I was yelled at for about 10 minutes and received a lecture that she was in the top of the rankings that determine how many shifts each employee gets. I sat back and listened and fixed it. After checking every report for the last 6 months I determined that this young lady was in the bottom percentile and actually had more shifts than she should have based on the rankings. The employee in question had approached (DIRECT SUPERVISOR)) and told him she was in the top rankings and didn't understand why she didn't have more shifts, without checking he chewed me out for this. I printed out the sheets and brought them to his attention which he had replied back "what kind of a stunt is this."
    1/1/11 We had a power outage and my alarm did not go off as a result, 1.5 hours late for shift.
    1/4 another power outage due to storms in night and 2 hours late for work. (DIRECT SUPERVISOR)) threatened my job, to which I brought up Elgin, our former KM who worked for (FORMER PLACE OF EMPLOYMENT) for 1.5 months. Didn't show up for 4 shifts and was 3+ hours late for his shifts at least 15 times in that period. He received his first, second, and third warning after 5 weeks and 14 severe incidents of being tardy and not showing up for his 3rd shift. He was 3 hours late the next day and nothing was said to him. 2 shifts later he did not show up and was fired. I mentioned that we let this guy go this many times for the same offence in a month and a half and I haven't been late by more than a couple minutes 3 times in 10 years with the company and was being threatened with termination
    1/5 Cornered by (DIRECT SUPERVISOR)) and told I was being unfair, told I had cut (employee NAME REMOVED)'s hours unfairly and without notice or discussion with him. Verbally attacked, told I didn't know what I was doing, threatened with job loss. After listening to his comments, I informed (DIRECT SUPERVISOR)) that I had 3 conversations with (employee NAME REMOVED) regarding his ranking and loss of shifts prior to doing it. (DIRECT SUPERVISOR)) tried pointing out other areas where I had not followed the rankings. Could only point out one. Which I had little choice about because of Employee availability. Also pointed out to (DIRECT SUPERVISOR)) that (employee NAME REMOVED) had given away 3 out of 5 of those shifts to other associates almost weekly for the last 4 weeks and that was another reason for him losing the shift. After this I informed (DIRECT SUPERVISOR)) that I didn't appreciate him again verbally attacking me and especially when he did not have all the facts and simply made assumptions and listened to the side of the employee without asking me about it before an all out verbal attack.
    1/7 (AREA DIRECTOR NAME REMOVED) entered the store and I talked to him about the RTM position and he informed me that (DIRECT SUPERVISOR)) and other Staff had said I was combative and disrespectful to (DIRECT SUPERVISOR)). Citing private conversations that I had with (DIRECT SUPERVISOR)). I informed them that as an Assistant manager my job was to follow the policies set by the GM but was also to let him know in private when I disagree. Which I did and have always been instructed to do so. My job was threatened again and told that this state was "at will employment"
    1/14 Directed by (DIRECT SUPERVISOR)to cut (employee NAME REMOVED) hours as a result of lackluster performance and not completing the required work that came along with her position as a day opener and closer (day closer means closing the day shift out and being off the floor at 4pm and setting the next shift up with backups and ensuring that silverware is rolled and dining room and expo areas are cleaned up) (Employee) then went to (DIRECT SUPERVISOR)) to inquire about her hours and he claimed to not know why her hours were cut. (EMPLOYEE) has had two previous managers fired for harassment. One she dated and they had a nasty break up and she admittedly made false claims against him. The first one was prior to my time at this location but by her own admission to myself she had made claims against another manager when he had moved her schedule around and wouldn't put her back on her preferred shifts. He was fired as a result.
    In the middle of January, (ANOTHER MANAGER) a manager up until this point at this location had been dating an hourly associate, (employee NAME REMOVED) Stockman for almost a year. (DIRECT SUPERVISOR)) and (AREA DIRECTOR) were both fully aware and just now transferred her out of the (FORMER PLACE OF EMPLOYMENT). This is normally a case for immediate termination. But again, they choose what policy to enforce and which not and whom to enforce them on.

    2/1 Walked into the (FORMER PLACE OF EMPLOYMENT) and my former Area Director was there. He asked me to have a seat. He stated, We have had 5 complaints of sexual harassment against you and as a result have decided to terminate your employment." I was told that I had called a girl a "brick **** house" and commented on how other employees looked in their shirts. The only comment about anyone's shirt that I recall ever making was directed towards (Employee). She was doing football bingo for us on Monday nights. The uniform top was quite revealing, she was standing in the bar area about 45 minutes prior to the start of the event when she made the comment that she was going to make a fool out of herself in that top because it was made for girls with big breasts and hers were too small to wear it. A guest sitting at the bar made the comment that she was a "brick **** house" and I told her not to worry that she looked great. For several months after she would walk into work and would say "the brick **** house has arrived" To my recollection the only other time I had ever commented on how anyone had looked in a shirt was to point out policy violations such as too revealing or wrong type of shirt.
    When I called (HR MANAGER) that day he told me that a very throughal investigation was done and that every manager had given statements supporting the allegations and that it was 1 complaint with numerous people to back it up. He asked me to email him my concerns and told me the decision would stand. (attached e-mail). He also stated that I wasn't fired for sexual harassment, but for making inappropriate verbal remarks.
    2/7 I did not receive my final check on the normal payday.
    2/9 received my final check
    2/12 Went to the (FORMER PLACE OF EMPLOYMENT) to pick up my last paystub as they had been mailed to the (FORMER PLACE OF EMPLOYMENT). Spoke with (MANAGER 2) who wanted to talk to me in the office concerning the matter. She said she was so sorry and had no idea what was going on. She indicated that she had never heard me speak inappropriately. When I asked if they had interviewed or asked for a statement she stated that she knew nothing of it until the next shift that she worked after I got fired. She said she enjoyed working with me and stated that I did a good job and didn't understand the situation.
    2/17 Former employee (EMPLOYEE) called me and spoke with me. She stated that (DIRECT SUPERVISOR)) was blaming everything in the (FORMER PLACE OF EMPLOYMENT) on me and had released private and personal information about her and her pay rate to employees. She stated that (DIRECT SUPERVISOR)) had kicked her in the butt and she was mortified about it. She didn't feel she could trust the managers in the (FORMER PLACE OF EMPLOYMENT) anymore and for that matter couldn't trust the area director as well. She stated that they thought to highly of him and were blinded to the reality of the situation.
    My termination at (FORMER EMPLOYER) was and is nothing but an affront to whistleblower retaliation. I have dedicated my career to (FORMER EMPLOYER) and its interest. I was a very loyal and dedicated employee for them. I did the right thing and reported improprieties and am now suffering as a result.

  • #2
    That didnt turn out well

    In early to mid August, my boss (DIRECT SUPERVISOR)approached me and stated that he suspected (employee NAME REMOVED) of coming into work high. He asked me to have a conversation with this employee and let her know that if we suspect her of coming into work high again she will be sent home and terminated. I spoke with the her that night and asked her if she was coming into work high, she admitted to smoking marijuana but denied coming into work high. I informed her that if we thought she was high at work we would be sending her home and terminating her. The next day I came into work at 4pm. I was met at the office door by (DIRECT SUPERVISOR) he stated that Megan had come in and desired to press sexual harassment against me for inappropriate comments about her breasts. Before I could say anything he told me not to worry about it and he knew it was false because I had talked to her the night before and because I had had to have numerous conversations with her concerning her performance. I was also offered a promotion this month to running my own (FORMER PLACE OF EMPLOYMENT). Would have required a move and did not wish to move at this time so I respectfully declined.

    In early December I reported to (AREA DIRECTOR NAME REMOVED) financial improprieties regarding (DIRECT SUPERVISOR) $208 dollars missing for nearly 2 months from a charity pancake breakfast that (DIRECT SUPERVISOR)) claimed to be carrying in his car. Plus serious deviances from petty cash handling including a rolling shortage in petty cash of 50-250 dollars for 6+ months. Which is in clear violation of cash handling procedures and is normally a term able offence without question. see attached images
    (AREA DIRECTOR NAME REMOVED) came into the (FORMER PLACE OF EMPLOYMENT) and spoke with (DIRECT SUPERVISOR)) for about 5 minutes and said it was very sloppy and could see how it looked bad and informed me that (DIRECT SUPERVISOR)) would be fixing everything that night. (AREA DIRECTOR) also told me that (DIRECT SUPERVISOR)) was having a really hard time at home and we have to support each other in good times and bad. He then stated that (DIRECT SUPERVISOR)) would never throw me under the bus, and he couldn't believe I did it to him. For the record, the missing money was not fixed for 3 weeks. Still $50 of this money was never recovered.


    3 days later when the new schedule came out my schedule was in clear violation of the company policy. I had 4 closes per week and all of the agreed upon days I was suppose to have off were not given to me even though they had been given without issue in the past. (company policy requires no more than 3 closes per week, 2 days off in a row and one weekend a month off: see attached schedule.) Approached (DIRECT SUPERVISOR)) and asked about it and he claimed I told him to make the schedule that way.

    I asked to use a personal day due to babysitter issues 3 weeks in advance and prior to the making of the schedule, which I might add I had never used one in 10 years. (DIRECT SUPERVISOR)) informed me that I was not allowed to use personal days, they were there for sick time. That same schedule (DIRECT SUPERVISOR)) scheduled himself a personal day and took two more throughout the month by calling in a key hourly ((HOURLY MANAGER)) to work his shift. I might also add that we are not allowed to call in sick so essentially we were not allowed to use our personal days.

    The day after that I was chewed out for not giving (EMPLOYEE)more shifts. I was yelled at for about 10 minutes and received a lecture that she was in the top of the rankings that determine how many shifts each employee gets. I sat back and listened and fixed it. After checking every report for the last 6 months I determined that this young lady was in the bottom percentile and actually had more shifts than she should have based on the rankings. The employee in question had approached (DIRECT SUPERVISOR)) and told him she was in the top rankings and didn't understand why she didn't have more shifts, without checking he chewed me out for this. I printed out the sheets and brought them to his attention which he had replied back "what kind of a stunt is this."
    1/1/11 We had a power outage and my alarm did not go off as a result, 1.5 hours late for shift.
    1/4 another power outage due to storms in night and 2 hours late for work. (DIRECT SUPERVISOR)) threatened my job, to which I brought up Elgin, our former KM who worked for (FORMER PLACE OF EMPLOYMENT) for 1.5 months. Didn't show up for 4 shifts and was 3+ hours late for his shifts at least 15 times in that period. He received his first, second, and third warning after 5 weeks and 14 severe incidents of being tardy and not showing up for his 3rd shift. He was 3 hours late the next day and nothing was said to him. 2 shifts later he did not show up and was fired. I mentioned that we let this guy go this many times for the same offence in a month and a half and I haven't been late by more than a couple minutes 3 times in 10 years with the company and was being threatened with termination

    1/5 Cornered by (DIRECT SUPERVISOR)) and told I was being unfair, told I had cut (employee NAME REMOVED)'s hours unfairly and without notice or discussion with him. Verbally attacked, told I didn't know what I was doing, threatened with job loss. After listening to his comments, I informed (DIRECT SUPERVISOR)) that I had 3 conversations with (employee NAME REMOVED) regarding his ranking and loss of shifts prior to doing it. (DIRECT SUPERVISOR)) tried pointing out other areas where I had not followed the rankings. Could only point out one. Which I had little choice about because of Employee availability. Also pointed out to (DIRECT SUPERVISOR)) that (employee NAME REMOVED) had given away 3 out of 5 of those shifts to other associates almost weekly for the last 4 weeks and that was another reason for him losing the shift. After this I informed (DIRECT SUPERVISOR)) that I didn't appreciate him again verbally attacking me and especially when he did not have all the facts and simply made assumptions and listened to the side of the employee without asking me about it before an all out verbal attack.

    1/7 (AREA DIRECTOR NAME REMOVED) entered the store and I talked to him about the RTM position and he informed me that (DIRECT SUPERVISOR)) and other Staff had said I was combative and disrespectful to (DIRECT SUPERVISOR)). Citing private conversations that I had with (DIRECT SUPERVISOR)). I informed them that as an Assistant manager my job was to follow the policies set by the GM but was also to let him know in private when I disagree. Which I did and have always been instructed to do so. My job was threatened again and told that this state was "at will employment"
    1/14 Directed by (DIRECT SUPERVISOR)to cut (employee NAME REMOVED) hours as a result of lackluster performance and not completing the required work that came along with her position as a day opener and closer (day closer means closing the day shift out and being off the floor at 4pm and setting the next shift up with backups and ensuring that silverware is rolled and dining room and expo areas are cleaned up) (Employee) then went to (DIRECT SUPERVISOR)) to inquire about her hours and he claimed to not know why her hours were cut. (EMPLOYEE) has had two previous managers fired for harassment. One she dated and they had a nasty break up and she admittedly made false claims against him. The first one was prior to my time at this location but by her own admission to myself she had made claims against another manager when he had moved her schedule around and wouldn't put her back on her preferred shifts. He was fired as a result.
    In the middle of January, (ANOTHER MANAGER) a manager up until this point at this location had been dating an hourly associate, (employee NAME REMOVED) Stockman for almost a year. (DIRECT SUPERVISOR)) and (AREA DIRECTOR) were both fully aware and just now transferred her out of the (FORMER PLACE OF EMPLOYMENT). This is normally a case for immediate termination. But again, they choose what policy to enforce and which not and whom to enforce them on.

    2/1 Walked into the (FORMER PLACE OF EMPLOYMENT) and my former Area Director was there. He asked me to have a seat. He stated, We have had 5 complaints of sexual harassment against you and as a result have decided to terminate your employment." I was told that I had called a girl a "brick **** house" and commented on how other employees looked in their shirts. The only comment about anyone's shirt that I recall ever making was directed towards (Employee). She was doing football bingo for us on Monday nights. The uniform top was quite revealing, she was standing in the bar area about 45 minutes prior to the start of the event when she made the comment that she was going to make a fool out of herself in that top because it was made for girls with big breasts and hers were too small to wear it. A guest sitting at the bar made the comment that she was a "brick **** house" and I told her not to worry that she looked great. For several months after she would walk into work and would say "the brick **** house has arrived" To my recollection the only other time I had ever commented on how anyone had looked in a shirt was to point out policy violations such as too revealing or wrong type of shirt.
    When I called (HR MANAGER) that day he told me that a very throughal investigation was done and that every manager had given statements supporting the allegations and that it was 1 complaint with numerous people to back it up. He asked me to email him my concerns and told me the decision would stand. (attached e-mail). He also stated that I wasn't fired for sexual harassment, but for making inappropriate verbal remarks.
    2/7 I did not receive my final check on the normal payday.
    2/9 received my final check
    2/12 Went to the (FORMER PLACE OF EMPLOYMENT) to pick up my last paystub as they had been mailed to the (FORMER PLACE OF EMPLOYMENT). Spoke with (MANAGER 2) who wanted to talk to me in the office concerning the matter. She said she was so sorry and had no idea what was going on. She indicated that she had never heard me speak inappropriately. When I asked if they had interviewed or asked for a statement she stated that she knew nothing of it until the next shift that she worked after I got fired. She said she enjoyed working with me and stated that I did a good job and didn't understand the situation.
    2/17 Former employee (EMPLOYEE) called me and spoke with me. She stated that (DIRECT SUPERVISOR)) was blaming everything in the (FORMER PLACE OF EMPLOYMENT) on me and had released private and personal information about her and her pay rate to employees. She stated that (DIRECT SUPERVISOR)) had kicked her in the butt and she was mortified about it. She didn't feel she could trust the managers in the (FORMER PLACE OF EMPLOYMENT) anymore and for that matter couldn't trust the area director as well. She stated that they thought to highly of him and were blinded to the reality of the situation.
    My termination at (FORMER EMPLOYER) was and is nothing but an affront to whistleblower retaliation. I have dedicated my career to (FORMER EMPLOYER) and its interest. I was a very loyal and dedicated employee for them. I did the right thing and reported improprieties and am now suffering as a result.

    Comment


    • #3
      Way too long. But a wrongful termination does not mean you were fired for something you didn't do; it means you were fired for a reason prohibited by law.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

      Comment


      • #4
        Waaaaaaaay too long. If you want more replies, cut your post down to just the pertinent essentials.

        Comment


        • #5
          Your post is way too long & you need to cut it down but here is the definition
          of a wrongful termination.

          http://employeeissues.com/wrongful_termination.htm
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

          Comment


          • #6
            I actually read the entire post (nothing on tv). I did not see anything which was illegal. There were allegations and the other employee was believed over you.

            As for financial impropriety, your reporting the missing money does not appear to have anything to do with your termination.

            As an Asst Manager, the company was holding you to a higher standard than lower level employees. That is standard policy in most work environments.

            It is also legal to change your schedule and not allow you to take personal days but allow someone else to.

            Your options at this point are to apply for unemployment and look for another position.

            Comment

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