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Wrongful termination or Constructive discharge M.A. Massachusetts

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  • Wrongful termination or Constructive discharge M.A. Massachusetts

    Hi,

    I'm concerned that my employer is trying to get rid of me because I challenged a review of my work by one of my supervisors.

    Currently I work as a member of union in a call center in M.A. I have been told by previous supervisors that the Company does not expect me to plan for every contingency when coming to work and that if I was late three times to work it would be okay (understand I am not always late to work and my employer keeps ample records not just on me but from other people who work there.)

    Earlier this month my car radiator broke and I had it fixed, but the new radiator that was installed was defective and burst open on my way to work, so I was late to work. And recently there was a three car pile up on interstate and I was again late to work. I and other people have had car problems before and it was not used them or me. I've also been late more than twice in one month and it not used against me. I also feel as if lately my employer has been unfairly criticizing my work and not holding others in the company to the same standards.

    If I can get everyone else's stats in the call center and show that I am being unfairly punished/fired could I sue my employer for discrimination or wrongful termination, since he does not hold others to the same expectations.

    Thanks to all who provide any insight.

  • #2
    Treating different employees differently is not illegal, unless the disparate treatment is based on a protected characteristic, such as your gender, religion, (sometimes) age, etc. or you have reported an alleged violation of law to the applicable regulatory authority.

    The only recourse you would likely have is through your union, depending on what the contract says about tardies. Confronting your supervisor is a good way to get fired; it's called insubordination.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

    Comment


    • #3
      A wrongful termination does not mean that you were fired unfairly, or that you were held to a different standard than other employees.

      It means that a specific law specifically says that you cannot be fired for the reason the employer fired you.

      So no, you would have no suit for wrongful termination (or anything else I can think of).
      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
        I'm actually allowed to have my work reviewed if I feel I was judged unfairly, so it's not being insubordinate. I find it ironic that an employer can simply target a specific employee when it is clear that he/she is performing better than other employees. It seems that an employer should have to at least treat all the employees the same, especially when their work is meticulously documented and evaluated.

        God, I wish I was born in some other country because that is so messed up.

        Comment


        • #5
          Have fun in Kazakhstan.
          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


          • #6
            I really would prefer to live somewhere else. It's funny how Americans think that life in America is so great without realizing how trapped they are by the American system. An employer can treat you like sh** and that is okay. In case you have not realized, American life has been on steady decline. It's funny how it goes unnoticed because of all the cheap Chinese goods.

            Less pay than your parents (adjusted for inflation)
            Less vacation time than your parents
            Less pd sicktime than your parents.
            smaller families
            less family time

            etc...

            you have no idea what your missing.

            Comment


            • #7
              OK, go live in Europe, where income tax rates alone can be as high as 60%., have a nice trip.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

              Comment


              • #8
                Originally posted by rhemy1 View Post
                I really would prefer to live somewhere else. It's funny how Americans think that life in America is so great without realizing how trapped they are by the American system. An employer can treat you like sh** and that is okay. In case you have not realized, American life has been on steady decline. It's funny how it goes unnoticed because of all the cheap Chinese goods.

                Less pay than your parents (adjusted for inflation)
                Less vacation time than your parents
                Less pd sicktime than your parents.
                smaller families
                less family time

                etc...

                you have no idea what your missing.
                Yes I do...taxes that kill you, no incentive to better yourself because everyone is the same. Socialized medical care where one waits for simple procedures, oh, and more of the world lives under dictators than not.

                I will echo the rest: Have fun out there where the grass is always greener.
                Last edited by Stonemason; 06-16-2009, 04:48 AM.

                Comment


                • #9
                  unfairly treated

                  You said your are working at a union call center. If you feel you are being treated different then your fellow workers, Then voice your concerns with your union steward. He can legally investigate and request documentation showing the company is not just singling you out.

                  In a union environment, the company must hand out discpline in an equal as possible manner. What this means if you get called in for being tardy three times and disciplined and no one else has for the same infraction, there is a good chance the company will back off.

                  If you are a union steward or officer, you have a right to question managment with out being disciplined as long as it is done in an appropriate manner and place.

                  Comment


                  • #10
                    Originally posted by rhemy1 View Post
                    Hi,

                    I'm concerned that my employer is trying to get rid of me because I challenged a review of my work by one of my supervisors.

                    Currently I work as a member of union in a call center in M.A. I have been told by previous supervisors that the Company does not expect me to plan for every contingency when coming to work and that if I was late three times to work it would be okay (understand I am not always late to work and my employer keeps ample records not just on me but from other people who work there.)

                    Earlier this month my car radiator broke and I had it fixed, but the new radiator that was installed was defective and burst open on my way to work, so I was late to work. And recently there was a three car pile up on interstate and I was again late to work. I and other people have had car problems before and it was not used them or me. I've also been late more than twice in one month and it not used against me. I also feel as if lately my employer has been unfairly criticizing my work and not holding others in the company to the same standards.

                    If I can get everyone else's stats in the call center and show that I am being unfairly punished/fired could I sue my employer for discrimination or wrongful termination, since he does not hold others to the same expectations.

                    Thanks to all who provide any insight.
                    You need to get yourself to work on time regularly, so that when an unexpected and unavoidable problem occurs (radiator problems, a three car pile up on the interstate), it doesn't cause any repercussions for you. Had you not been tardy with some degree of frequency before these incidents, then I expect management wouldn't have said a word.

                    Sure, you can go live and work in another country - IF you can get a work visa somewhere (good luck with that.) But I expect employers in other countries require their employees to show up on time too.

                    Comment


                    • #11
                      I agree that your recourse is through your union. Did you talk to your union steward?
                      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


                      • #12
                        I think the responses about taxes is funny. I've always been one to think that if one doesn't want to contribute to the welfare of all members of their society why bother to form a community. I actually have alot of friends who live overseas. And trust me, after living here for awhile they all preferred to go back home. LOL. They may pay 60% or 40% in taxes but they still have houses and cars etc. And they get to live their lives instead of work their lives away. So before anyone comments I hope they actually have experience of other cultures beyond Fox News specials.

                        Also I'd like to thank those who responded to my initial concerns. I'm actually a good employee and work hard to consistently improve. I think I was shocked because I am in a union. I understand that people in management can be fired for any reason. But in a union environment it should be equal because there are specific guidlines. So, that clarifies things for me.

                        As far as being late goes. I've been told by management it is okay. I even have emails stating it is okay. So that is why I think it would be unfair. If I told u it was okay to take my laptop and then reported u for theft when u took it. It doesn't seek right. And the fact that u actually think thats right or that the law says thats okay seems preverse.

                        Treating people fairly is important. If I was the only one ever to walk in late or had car problems or was averaely effecting some aspect of the company or even not told it was okay, I could understand. It's one thing to clearly define an employees responsibilites it's another thing when an employee is consistantly mislead and then fired.

                        Comment


                        • #13
                          Again, your only recourse is through your union.
                          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                          Comment

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