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  • need some help Florida

    I work in FL for 1 of the biggest wine/liquor distributors in the US. Wed will b a yr of employment there, full time. I got my yearly evaluation done 2 wks ago and scored very high, Ive never been written up but I missed a decent amount of work. My 2 weeks of vacation are in play wed and my yearly raise.

    Wel last wk I had to go into detox for painkillers, prescribed by my doc for an injury that happened on the job months back, I no called no showed mon/tues,called my DM wed and then spoke w/ both my area manager and distric manager fri and explained what happened. Was asked if I wanted to work friday, I explained I really didnt feel up to it and was told to go in Monday.

    So here is monday, i go into work, get a call from the AM who told me to go in today and he tells me we have to let you go, I say ok no problem, being as I felt Ithey had commited some questinable acts during my yr there and knew I would get unemployment.

    Well my AM boss a big shot there calls me on a conference call w/ the AM and asks what happened, he was away all wk, I explained I was under a docs supervision,I didnt call or show up mon/tues i made contact wed, talked it over fri and showed up to work today and was told I was fired, right away my AM starts screaming, fired? you quit! I sadi no I didnt, you cant be serious, he says yes you did. I said if I quit why would i show up today, why did u ask me to work fri and why did I fax over the docs note excusing me from work m-th.
    Long story short, I was told by his boss to come into the office tommorow 9am.

    A few things, I was hurt about a month into work and had a note from their doc saying to be on light duty, i was sent back to work, which is far from light duty immediately and ive been dealing w/ the pain ever since and a reason for the pain pill use.

    I also have worked numerous times, "off the clock" when my 40 hrs was up, per my boss telling me to, not clocked in and there is no OT allowed.

    I also worked for 2 weeks, before I was officially hired,w/out pay or being an employee.

    My question(s) are, do I have any sort of case? Can they fire me when I have a docs note? What about the working "off the clock" being hurt and working before being employed.

    Also w/ them pulling the I Quit AS OPPOSED TO i WAS FIRED SO i CANT COLLECT UNEMPLOYMENT.

    ANY ADVICE WOULD BE GREATLY APPRECIATED,COMMENTS,POSITIVE OR NEGATIVE AS TO WHAT TO DO, OR WHAT CAN I DO.

    THANKS

    FYI-In the employee handbook, you need to be written up 3 times, then a suspension before you can be fired, Ive never been written up. And my shoulder is really screwed up but I held off on getting the MRI cause I was being promised a promotion for months now.

  • #2
    All you can do is tell the state what transpired and the company will have to prove that you quit versus being fired.

    Although there may something in the handbook about 3 writeups before being fired, there is also probably a disclaimer saying that the company has to righ to discipline as appropriate.

    While the 3 write ups may be appropriate for tardys or minor issues, you could not expect 3 writeups prior to termination for someone who stole from the company or assaulted another employee.
    You arent specific about the other infractions they accused you of. Hard to know if they are considered major or minor at your company.
    I find that the harder I work, the more luck I seem to have.
    Thomas Jefferson

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    • #3
      There's obviously a lot going on there. With you being told to show up for work tomorrow, I recommend that you show up and, if given the opportunity, be a model employee. It's impossible to tell if they are going to terminate you formally or put you back on the job to see what happens.

      With an apparent conflict between your boss and his boss, it is wise for you to see how they sort it out between them over a period of time (again if they give you the chance). Your boss may well blame you for the conflict, but those things just don't happen unless there is something else going on between them.

      You may be able to ride it out. Your boss's job may actually be on the line. We can't tell here, but surviving this showing maturity and good work efforts could strengthen your position in the company.

      If it doesn't work out, don't quit. If they want to terminate you, force them to bite the bullet and do that. If that happens, file a claim for hours worked off the clock
      Please post questions on the forum rather than sending me a private message or email. That way others who have similar issues have access to the discussion.

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