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Wrongful Termination/Retaliation Michigan

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  • Wrongful Termination/Retaliation Michigan

    I work in retail for a large retail company. According to a policy (not written in the employee handbook) people are required to be “available” to work on the Friday after Thanksgiving. In October I submitted a time-off request form for unpaid time. The request was to work the Friday morning after Thanksgiving instead of the closing shift, I even noted I could come in as early as they wanted me to. I never received any information, and since I work nights all HR people are gone by the time I come in. In November, the “holiday policy” about being available to work that Friday was posted. At that time I spoke with one manager and told him my concerns for that Friday and how I could work in the morning. He stated I should be ok as long as I can work. Then on 11/14 the schedule came out and I was scheduled for the closing shift on that Friday after Thanksgiving. Sometime between 11/17/08 and 11/19/08 I spoke with one of the scheduling managers about my request to work the morning shift. She told me to add my name to the shift swap board to see if somebody would pick up my shift, if not we could talk about the issue further. By 11/24 someone had picked up my shift and it was signed off by a manager and HR. Today 12/2/08 (after working Sunday 11/30/08) when I went to work I was called into a meeting with a new Team Leader. She stated it was because I was a no call no show on Friday and was getting ready to terminate me. I disagreed with her and told her all of the steps I had taken. She was surprised and tried to go find the shift swap paper, however it was locked in the hr office. She said it shouldn’t have been approved and I replied that I didn’t know that but it had been approved. So she told me I could work my shift and she would document it later.
    My concern is that they were getting ready to terminate me without any information and/or investigation. If I was unaware of policy/procedure or my rights I would have been terminated. Also, I am concerned that when I (because I am going to) request to see my personnel file, my time off requests and the original of the shift swap papers that it will make them mad and they will find some reason to fire me in the future. Do I have any legal standing here?

  • #2
    If you would have been terminated, it would not have been an illegal/wrongful termination. It would only have been illegal if you were terminated due to a reason prohibited by law (ie age, religion, gender). Otherwise, you can be terminated at any time for any reason unless you have a bona fide employment contract or CBA to the contrary. It might have been unfair had you been terminated but not illegal.

    They don't have to do an investigation/have information before terminating 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

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    • #3
      And asking you WAS investigating it.

      They could have fired you without reason or discussion.
      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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