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Here's an interesting one. Termination of employment California Mid Management

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  • Here's an interesting one. Termination of employment California Mid Management

    So I was recently re-located from Minnesota to California to manage a team of about 25 people 3 months ago. I was hired by an area manager who had recently been promoted from the position that I had just accepted. I moved out to California, got established and obviously didn't know anyone in town. One of my assistant managers came in storming into my office one day telling me how she wanted to send a new employee home. I told her we cant just send people home and typically when we do send someone home, they still get paid for the remainder of the day and it usually goes through HR. I asked her if she had a discussion with the team member, she said no. So I sat down with the team member had a discussion with her, straightened things out and let her go back to work.
    At this point my assistant manager was extremely upset because I didn't send the team member home. To this day I believe she was trying to show her strength and tell the new team member that she basically has power over her. I felt like it was an act of jealousy as both of them are young and confident females. Also I follow through very quickly in making changes to team members that aren't holding up their end of the bargain and they had seen a couple people let go in the short duration I had been there.
    Long story short this set off a chain reaction and this assistant manager started gathering documentation on me. She has an outside of work relationship and friendship with my manager and told him that she was going to report me to HR because of some comments I made. She talked to him at an event outside of work but fortunately a team member close to me over heard this and mentioned it to me. Long story short, I get called into HR last Wednesday and get interrogated for four and a half hours of complete and utter BS allegations. Things such as; have you ever said a customer is hot, have you ever made any statements on the war in Iraq, have you ever cursed, have you ever cursed in another language (and this went on and on) all of which were absolutely ludicrous. The documentation she had created made it obvious that this attack was personal and not so much a workplace matter. It had nothing to do with disruption of the workplace environment. None the less, HR had 4 - 6 pages of stupid crap that was filled with falsifications or comments that were taken out of context. All of which I denied saying. They literally threw everything to see what would stick. Workplace harassment, Racial discrimination, Professionalism you name it they tried to tie things to it. They let me go back to work after the investigation, the next day the assistant manager was shocked to see me at work because she had expected me to get fired so she walks up to me and says: Just so you know, I'm not two faced and I would never report you to HR. I like you as a person, but when HR asks me something I have to tell the truth (yeah right). I get called into HR on Friday at 5:30 put on a leave of absence till I got a call back on this past Thursday and eventually had my job terminated. The Regional President along with my manager reviewed the documentation and concluded that I was at fault. However my manager has a direct relationship with my assistant manager (family friends) outside of work and I feel that his decision was biased. They portrayed in inaccurate image of me like a villain, only selected a small number of people to interview for the investigation all which were rallied up by my assistant manager and all which were under performance counseling, and at no point was there neutrality involved. What on earth can I do here if anything? Sorry it was long this is the short version too

  • #2
    It's not unfair for an employer to believe one employee over another. Unless you had an employment contract guaranteeing the length of your employment, you were an at-will employee and could be terminated at any time for any reason not specifically prohibited by law.
    I am not able to respond to private messages. Thanks!

    Comment


    • #3
      http://en.wikipedia.org:80/wiki/At-will
      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


      • #4
        So legally there is pretty much nothing I can do. But from an internal stand point, there may be options I presume. Meaning that I can try to escalate the issue with HR and see if they are willing to open up the investigation to more people and etc.

        Comment


        • #5
          This wasn't a wrongful termination. I would move on.

          You can apply for unemployment ins. - the state will make the decision
          whether you receive it or not.

          http://en.wikipedia.org:80/wiki/Wrongful_dismissal
          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
            Originally posted by Cluelessness View Post
            So legally there is pretty much nothing I can do. But from an internal stand point, there may be options I presume. Meaning that I can try to escalate the issue with HR and see if they are willing to open up the investigation to more people and etc.
            You are no longer an employee.

            They no longer work for you. In other words, why would they care at all what you say?
            Not everything that makes you mad, sad or uncomfortable is legally actionable.

            I am not now nor ever was an attorney.

            Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

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            • #7
              Agree, the co. terminated you - there is nothing they are going to do
              for you at this time. The termination was not illegal.

              You need to move on & look for other employment & also apply for UI benefits.
              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


              • #8
                Alright thanks guys. This gives me an idea of how to spend next week.

                Comment


                • #9
                  You're welcome - good luck to you.
                  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

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