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Possible Termination - Indiana

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  • Possible Termination - Indiana

    Ok I have a great job that I have been at for over 3 years. Last week I had a confrontation with a co worker. Our whole facility is on video surveillance. I did nothing wrong and feel like I am waiting on the phone call to tell me im fired from corporate at any time. I was assaulted (poked in the eye). As soon as it went from just words to being assaulted, I went straight to the operations manager as I knew any further action would result in loss of job and possible incarceration. Since then I have been put on "suspended until further review."

    It has been almost a week now. I did nothing wrong that would violate their policies and feel I did the right thing. Other than the initial statement, I sent an email to the terminal manager explaining, came in for a interview with the terminal manager (which I audio recorded the whole thing), and am now awaiting my final word. During the interview it was basicily a set of questions from corporate and the terminal manager was typing in the reply from my words. I feel it was worded horribly and makes me look as if I did something wrong. This other guy is a class act. Does not work and talks for at least a third of the day. We are paid very nicely and is how the incident started because he was preventing me from working by being in my way talking. Like I said all of this is on video.

    I figured my work would speak for itself and I would have nothing to worry about. Not the case and now I have lost a weeks worth of pay.

    -My questions would be am I entitled to receive pay during the investigation?
    -If everything works out would I receive pay for the time off after returning to work?
    -After returning to work I feel like I will be harassed by co workers and the management staff, as the other guy is friends with everyone and hangs out after work and on weekends with co workers and the management staff. I go to work to work, not make friends.


    While in the middle of typing this I just recieved the phone call. I was terminted. The ops manager read the email he recieved from the corporate HR. It stated that I was the aggressor and that I made threats, WHICH I NEVER DID. I asked him to send me a copy of the email forwarded to me and he refused. I then asked if all information about this case is available to me along with copy of the other guys statement. I got told no and goodbye and hung up on.

    I want to SUE the crap out of them. I have gone out of my way and did so much for this company. staying in the top 5 for production for 3 years. All while lazy people sit around and dont work. I need everyones help on what my options are.

    This same company has broken rules I have noted and documented before I.E.

    - During a meeting we were all asked who carried firearms in their car to the workplace and then was told that me are not allowed to ( My understanding a big NO NO in indiana)

    -Work 10-12 hours a day and only receive 1 15 minute paid break and a 30 min unpaid break

    - Have a 500+ gallon HAZMAT spill of acid that was not handled properly, no call over the intercom and the workers are the ones who contained it. Along with the guy that the tote busted on spraying acid all over him, and they sent him home (drove himself) to shower and return to work. PHOTO DOCUMENTED

    - Allowing convicted felons to work there because of their lack background checks. They are an LTL trucking company and we ship everything! including firearms, explosives, hazmat stuff that felons are not suppose to be around

    - other stuff I cannot think of right now, my apologies but I am hype at the moment. Im sick of doing the right thing and then being penalized for it. Please help me understand what my options are and what all are my rights

  • #2
    Going by what you listed, your only recourse is to report the company to whatever agency handles the issue. For instance OSHA would handle any hazmat issues.

    Unless you are under 18, the law doesn't require you to get any lunch or break.

    The company is allowed to term you if they feel you were at fault. This is legal even if the company is wrong and you were the victim.

    So it doesn't appear you have any cause for a lawsuit.


    • #3
      Agreed with the last answer. Past that:
      - Most employment is At Will. Meaning that the employer does not need a good reason to fire someone, just the absence of an illegal reason.
      - I will never tell some one to not talk to an attorney. I will say that you need an actual law that the employer is breaking for a positive result. I have seen scary letters from no name attorneys which apparently once in a while result in settlements from very dumb employers. Just none of the employers I have worked. Those employers generally considered the scary letters to be a bad joke. If the other side had a real case, they called up our attorney and took them out to lunch.
      - Most of the things you mention do not violate any actual laws. Those that do you are mostly not the legally injured party.
      - I have worked for employers with video and other security features. I am not saying that these are nothing, but there is a certain scarecrow aspect to these at times. I looked at the end product of a video tape based system in response to some in house thefts. and as far as I could tell, the perp was Bigfoot in a snow storm. Past that employers are not courts of law. There are no legally required rules of evidence for an At Will termination. It would be perfectly legal to decide which employee is at fault by a coin toss.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)


      • #4

        I don't see a wrongful termination. You can apply for unemployment ins. - the state will decide if you qualify & look for other employment.
        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.


        • #5
          Possible termination

          You initially said you had a great job, but after receiving the termination call you are now bringing up all of these alleged violations that the company committed, and now this great job for 3 years has just turned into the ethical equivalent of Enron. You may have been better suited to address these violations with the proper agency/individuals instead of waiting until something unfavorable to you happened (now it looks like sour grapes).
          I agree with the previous posters, unless you were let go for an illegal reason (BECAUSE you are a member of a protected class), you can be let go for any reason, or no reason at all.


          • #6
            Most of the things you seem to think are illegal are not (breaks, hiring felons, employers may restrict guns on the property). You admit verbally fighting with a coworker which is never acceptable and reason to fire you legally even if the guy you were fighting with did something worse. The company isn't obligated or limited to firing only the worst offender. If the other guy has walked up out of the blue and assaulted you, it would still be legal but more unfair. If you were both fighting but he was the first to escalate the situation, sorry, but you were just as wrong and termination is an appropriate response.
            I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.