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Fired without warning Indiana

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  • Fired without warning Indiana

    I'll try to make this short. I got fired without any write ups or warnings. I had perfect attendance except for 7 days they wouldn't let me work after being hurt on the job (which was 5 months ago). A few months before they fired me they promoted me in a Quality position because the person I replaced missed 1-2 days a week (she was demoted). They fired me for to many Quality issues, but never told me about them & for not following Standard Work (which I was trained to take short cuts, but found out that was wrong so I did it the right way). Anyways, the handbook that they make us sign to say we will follow, says you get 4 different types of warnings before you are terminated. I never received 1 warning (verbal or written), to let me know anything was wrong, but as they were terminating me, they said something about my work comp case being closed (but its not). I know Indiana has a no fault firing, but can I file a claim against them for wrongful termination? I've been trying to get unemployment, but it's not gone through yet. If I do file suit against them can another employer find out? I don't want to hurt my chance of getting another job. Plus can they give me a bad reference if someone calls them? I need advice

  • #2
    There are no laws requiring employers to warn their employees before firing them. There are also no laws requiring employers to comply with their own company policies. In addition, employers may legally say anything they wish about former employees as long as what they say is true or they believe it to be true.

    You do not have a case for wrongful termination, ergo you cannot file suit against your former employer for wrongful terminaion. "Wrongful termination" means that you were fired for a reason specifically prohibited by law, such as your race, gender, religion, age (over 40 only), or disability. Nothing in your post indicates that you were fired for a reason like this. As noted above, there are no laws prohibiting employers from firing their employees without providing advance warning. There are also no laws prohibiting employers from firing people for poor quality work and/or not following standard procedures.

    I don't know what your employer meant about your "work comp case" being closed. While it's generally illegal to fire people because they have open workers' compensation claims, it's not illegal to fire people for poor quality work and not following standard procedures even if they happen to have open workers' compensation claims.

    Finally, there's no such thing as a "no fault firing." I suspect you mean "at-will."
    Last edited by eerelations; 06-13-2012, 05:09 AM.

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    • #3
      On what basis do you think you were wrongfully terminated? Most handbooks are not legal contracts. You could take yours to a lawyer to see if it rises to that level. Otherwise the company can legally fire you without telling you why.

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      • #4
        Unless you have some form of employment contract or CBA they ar enot bound to follow their handbook. Terminating you for poor work habits is lawful even if someone mistrained you. Yes by all means file for UI benefits and if denied then appeal. There is no penalty for or fee for appealing so if denied you have nothing to lose
        http://www.parentnook.com/forum/

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        • #5
          You probably will want to consult directly with a local employment law attorney. If the company did not follow its own internal disciplinary procedures and you did not otherwise do anything to warrant your summary discharge (e.g., your work performance was comparable to similarly situated employees), you may have the basis for a retaliation claim based on your filing for workers’ compensation benefits.

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          • #6
            You admit you were cutting corners. It is awfully hard to argue that you were fired for other than lack of quality control when you know you cut corners in the past. It is very rare that a handbook rises to the level of a contract not to mention work quality is usually not a disciplinary matter the way infractions of policies are. Why should they tolerate you doing substandard work 4 times before they can take meaningful action?

            It is also unlikely that this is related to your WC claim as it was many months ago. There is a difference between a claim that just hasn't reached a final resolution and one which just hasn't had any activity recently. The majority of claims do not end in PPD or with a settlement.
            I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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