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  • Unfair Termination

    Hello everybody,
    I worked for a printing company from April 05 to Nov 30, 2010. I was terminated few days ago. Here is the story:
    The management of the company that I used to work for, cut off my working hours to 6 hours a day from 6:30 am to 1:00 pm, and I accepted it even though it was not what I liked and I had a hard time to pay my bills specially pay for my home mortgage after that cut off.
    However, I could find a part time job after 1:00 pm to cover up for some of my bills.
    Because of the nature of the printing business, we got ton of projects within few days and I was doing my best to finish them as quick as possible. I made a log of all the projects that I was doing within my 6 hours of work to make sure that I have proof to show to my manager in the case of any complain. However they were expecting me to finish over 10-12 hours of work load within 6 hours which was impossible.
    After few days, the president of the company came to me and asked me to work longer than 6 hours till we get through the projects. I politely told him that I cannot work after 1:00 because I got a part time job in another company after 1:00 pm., then he asked me to come to work earlier than 6:30 am, and I told him that I cannot do that either.
    However after few days, without any notice what so ever, they fired me and this is what they wrote in my Employee Separation Record form:
    Since the hours reduction on November 15, 2010 Hamid has had a poor attitude with his supervisor and co-workers. (which is completely false and I never had and poor attitude toward to my co-works at all) He is also not performing his job duties to expected level. (which is another lie, I made a log of all my works and I have a copy of them from Nov 15 till I got fired + I gave a copy of my daily log to my supervisor every day before I leave, and I never got any complains from him)
    I like to know if I can take this guy to labor department court and what are my rights?
    Should I hire an attorney to sue them for what they did to me?
    Am I entitled to receive un-employment from government?

    Thanks in advance for your help!
    Last edited by zand2000; 12-04-2010, 10:30 PM.

  • #2
    You have the right to apply for unemployment and to look for a new job.

    Attitudes are subjective. Just because you don't feel as if you had a poor attitude does not mean your employer agrees. Additionally, it is not illegal for them to be dissatisfied with your performance even if their expectations were unreasonable, and no matter how many logs you kept.

    On the basis of what you have posted, you have no legal grounds to either complain to the DOL (who handles wage complaints and other legal violations, not perceived unfairness), or to file a lawsuit.

    Google at-will employment.
    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


    • #3
      Originally posted by cbg View Post
      You have the right to apply for unemployment and to look for a new job.

      Attitudes are subjective. Just because you don't feel as if you had a poor attitude does not mean your employer agrees. Additionally, it is not illegal for them to be dissatisfied with your performance even if their expectations were unreasonable, and no matter how many logs you kept.

      On the basis of what you have posted, you have no legal grounds to either complain to the DOL (who handles wage complaints and other legal violations, not perceived unfairness), or to file a lawsuit.

      Google at-will employment.
      Thanks for the quick response, but I had no verbal or written notice during that 15 days! should not they give me a verbal or written notice if they felt that my performance is not good enough or my attitude is poor before they fire me?

      Comment


      • #4
        No, they didn't have to unless you had a binding employment contract that required
        one.

        http://en.wikipedia.org/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


        • #5
          SHOULD they? In my opinion, yes.

          Are they required to by law? No.

          Does their failure to do so give you any form of legal recourse? Also no, with the sole exception Betty noted.
          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
            Originally posted by cbg View Post
            SHOULD they? In my opinion, yes.

            Are they required to by law? No.

            Does their failure to do so give you any form of legal recourse? Also no, with the sole exception Betty noted.
            Thanks for your responses, I appreciate it!
            It seems I have no rights what so ever! and the employers have all the rights to screw up the employees life without having even a simple reason!
            Last edited by zand2000; 12-05-2010, 08:27 AM.

            Comment


            • #7
              Both employers & employees have rights.

              Such as in at-will employment, you can be terminated at any time for any reason except a reason prohibited by law. However, you can also quit at any time for any reason. (This paragraph applies unless there is a binding employment contract to the contrary.)
              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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