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Old 08-02-2005, 12:21 PM
Always Curious Always Curious is offline
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Angry How do I determine wrongful termination?

Just a little over two months ago, I was called by a company saying they had seen my resume on Monster.com and wanted to set up an interview with me. Although, I didn't remember applying for the company directly, my resume is publc on Monster. I went for an interview and was told they were looking for an Administrative Assistant to support the president of the company. I asked about who I would be replacing and was informed I wouldn't be replacing anyone. The company was expanding and needed more people. They noticed on my resume that I was bilingual and they were quite pleased as they were going to deal with the Latin American market and I'd be useful. They also asked me if I had papers to work in the US, I didn't need papers as I was born and raised in the US. I know this seems silly, but my interviewer looked a little dismayed. I was told health insurance was paid by the company and would start after three months of employment.

The place has a huge warehouse and I was working in a small office. The office consisted of the president, outside sales person, cfo, purchasing person, cfo assistant, not sure what her title was aka nswhtw, another admin (who was employeed just two weeks prior) and myself. So, a total of eight employees in office. First two weeks I was entering upc shipping labels with the other admin. And during this time I noticed they were still advertising for another admin. I found it puzzling because the other admin. and I sometimes had nothing to do. Except answer phones and open doors for people. And Yes, I would ask for stuff to do. So, no work for us, why hire others. I tried to ask the other admin. privately how she came upon this job, she informed me she was assigned to the outside sales person yet never did much work for him. A week later the other admin. left the company. No notice, she just left the company. Finally, the cfo gave me about 7 accounts to call regarding payments owed to the company. No problem, I did my work, filed AP folders, answered phones, and opened doors. After over a month I was told that the purchasing person would need me because she was scheduled for surgery in 3 weeks and would be gone for 3 months. I'm thinking Oh Boy, why didn't you let me work with her sooner. I assisted her with shipping. I even created a shipping quote form, which she said was very useful. I was also given additional accounts to call. I was always asking for work from either the cfo or purchasing person, I was given very little work to do. My workload was so light I wondered why they needed another admin.

Well, they hired someone. A few days later, the cfo asked to see me and said it wasn't working out and he had to let me go. I asked what happened, he mumbled the purchasing person wanted me to learn her stuff faster. Mind you everytime I asked this purchasing person if I could assist her in any way she would say everything's ok. I was never told what I needed to improve my performance. What skills I lacked or I could improve on. During my time I was never privy to the regular goings on of office activity. Never introduced to vendors the purchasing person was working with or asked to sit in on hr vendor meetings. And Yes, I asked if she needed me in other capacities. I always treated like a temp. more than a permanent employee. And I truly believe the intentions of this company were never to keep me on. I believe they hire and let go of people just to get their work done. I must have been a prize regarding EEO compliance quota, because I'm female, hispanic and 50. I was one month away from getting health benefits. I was working with a company for two years to leave for this place.

Ok, the story is long and might result in NJ has an "at will" doctrine set up. Truthfully, I don't remember the clause on my application. What law protects employees from companies, who do this continually? Can anything be done? Can I even collect Unemployment Insurance?
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Old 08-02-2005, 03:29 PM
cbg cbg is offline
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The laws protect an employee from being fired BECAUSE OF their age, race or gender. However, since everyone has a gender and a race, that means that you can be legally fired for reasons other than your race, age or gender.

What evidence do you have that you were fired BECAUSE OF one of these reasons? Presumably you were female, hispanic and 50 at the time you were hired, also; if they had a problem with you for one of these reasons it would have been much easier not to hire you in the first place.

The law does not require them to give you the reason you were fired.
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Old 08-02-2005, 04:07 PM
Always Curious Always Curious is offline
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I never stated my being Female, Hispanic and 50 a reason they let me go.

My question is again: What law protects employees from companies, who do this continually? Can anything be done? Can I even collect Unemployment Insurance?
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Old 08-02-2005, 05:33 PM
cbg cbg is offline
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No law protects employees from companies who do this constantly. If it is not because of your race, gender, age or other characteristic protected by law, it is not illegal.

No, on the basis of the facts you have provided, there is nothing to be done.

Based on the facts you have provided, yes, you should be able to collect unemployment.
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Old 08-03-2005, 01:58 PM
CurtJ. CurtJ. is offline
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Default unfortunately, allowed

If they want to run a revolving door, they may. As long as you weren't promised or contracted for a period, they may hire and fire whenever. You wonder how they succeed, but there is no law or case against this practice.

good luck,

curt j.
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  #6  
Old 11-20-2005, 06:45 PM
tmtucci1 tmtucci1 is offline
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Angry wrongful termination

tell me sir. when you are hired for a position and you do well at it. tell me when the company says that you are a part of a familyand you have an open door policies if you need help. tell me that within 3 days a new dc rites you and lies . tell me sir when she fires you because she doesnt like the way you sit. tell me sir when they send you an employ with a felon record who threatens you and your workers . tell me when unemployment themselves sees what the company has done and lets you collect unemployment without a penalty. tell me sir when your company gives a handbook to sign and they dont follow their own procedures. tell me sir whenyou sign a disclaimer paper the handbook is not useful. tell me when you wind up on disabilitybecause you where abused, thrown away by a company that says you are a part of a family. tell me sir what are my rites
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  #7  
Old 11-21-2005, 04:41 AM
Pattymd Pattymd is offline
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Nothing that you stated in your last response is required by law. If the employer does not have policies that adhere to what they put out as their corporate standard, it is poor management and will result in a reputation as a poor place for people to work, but generally speaking, that is not a violation of law.

You do have the right to expect the employer to follow through on its corporate mission statements and values. However, if they do not, the law cannot compel them to, and you have the right to find a position with another company that does.
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