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Voluntarily Quit before Being Wrongfully Terminated Oklahoma

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  • Voluntarily Quit before Being Wrongfully Terminated Oklahoma

    Just Me from Oklahoma
    brneyedgal
    Junior Member
    Last edited by brneyedgal; 12-04-2006, 11:38 AM.

  • #2
    OK, you have a LOT of questions. Let's do them one by one.

    1. I take the travel occurred outside of your regular scheduled hours? If so, you do not need to be compensated for that time IF you were a passenger in a train, plane, etc. If you personally drove, that time would generally be compensable. Other passengers in your car would not need to be paid for that time.
    http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.39.htm
    http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.40.htm

    2. Whether you had to be paid or not for the travel depends on the situation as detailed above.

    3. OK, so other than him being mad at you, what disparate treatment have you received? Being "short" with you is not illegal. If you feel you are being retaliated against because you filed the complaint, you will have to bring this to HR's attention.

    4. OK, good for them.

    5. OK, DID you make the error?

    6. I don't see any "just cause" for quitting just because you got an evaluation you didn't like. The law does not address internal "retaliation" (which I'm not convinced it was, but you obviously think so). I would not be optimistic that you would be granted UI benefits.

    7. Have an attorney review the agreement. Such agreements are case- and state-specific and we can't comment on a document we have not read in its entirety. They very well may just want you to go away. It is not at all evidence, necessarily, that anything was done on their part that was illegal.

    You are making quite a big deal out of this. You filed a complaint. The complaint was resolved to your satisfaction. Your supervisor is upset with you for going over his head and gave you a poor evaluation; that may be petty and unprofessional, but it is by no means illegal.

    I see no evidence here of a wrongful termination under the law. Wrongful termination occurs when there is a LAW (not a company policy) that states you cannot be discharged for the reason you were. You were not discharged, you quit. You may be talking about "constructive discharge", which is defined as quitting because the situation was so unliveable as to give a "reasonable person" no other choice but to quit. I just don't see that here. You're taking your chances with UI, but if you want to fight it, go ahead. I would not be at all surprised if your original claim is denied.

    I don't know what else you want us to tell you.
    Pattymd
    Senior Member
    Last edited by Pattymd; 12-03-2006, 07:03 PM.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

    Comment


    • #3
      I agree.

      You were wronged. When the wrong was brought to the company, it was corrected.

      In the meantime, your boss was mean to you and gave you a bad evaluation. Bosses are allowed to be mean and to be selective in a review and only see the bad. Not professional, but legal.

      When you quit, the company offered you severance. While I agree that you should see an attorney, most severance packages I have seen or received has such language. The company is giving and then asking for consideration in return. Fairly standard stuff.

      I think you are going to have an uphill battle proving you were so grieviously wronged in a single day that you had no other option but to quit.
      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.

      Comment


      • #4
        No novel here.
        brneyedgal
        Junior Member
        Last edited by brneyedgal; 12-04-2006, 11:39 AM.

        Comment


        • #5
          Originally posted by brneyedgal View Post
          Normal day hours are 9am-6pm, the travel was 5 hours round trip, on a Monday and from 5am-10pm. I drove my vehicle and had co-workers riding with me.
          You should have been paid for all the hours worked, which includes the time you drove, but your passengers should not have been paid for time riding with you that were outside their usual working hours (five hours, apparently).
          Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

          Comment


          • #6
            OK. So, you got paid what you were owed. So that's a done deal.

            3. Unprofessional and perhaps poor management. But, when you put the bull etc. over your desk, what do you expect?

            (oops, no #4)

            5. Maybe he was, maybe he wasn't. In any case, it's not an issue addressed by the law.

            6. See #3.

            See an attorney if you want. I'm not at all convinced anything illegal occurred here. In any case, since they are offering you a severance package, it's unlikely they are going to protest your UI claim; doesn't mean you're going to get benefits, though.

            And next time, please don't try to write the Great American Novel in two chapters. Most of what you posted was really superfluous to the issue.
            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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