Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

Wrongful Term. Washington

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Wrongful Term. Washington

    So I'm not officially terminated as of yet, "administrative leave" is what they're calling it while they investigate. Although the way things are sounding, I'm on my way out the door.



    I got called in with my supervisor, manager, and an HR generalist this afternoon, and my manager claimed that i've been fudging on my time card. Most of the claims were 5 minutes here and there, 10 mins a couple times, and one was around 25 minutes. There were maybe 8 instances that I recall, within a 3 week period that she was supposedly finding contradictions.


    That's the case the layed out before me, and while I was able to poke a hole in a couple of her stories, all I could really defend myself with the entire time was, "well, I declared the time I got in, I dont know how else to defend myself." I've never been dishonest about time entry, so I know they have no proof. I also know that my coworkers will be able to vouch for the times I'm arriving. So I guess my question is; if I'm fired, do I even have a leg to stand on? Currently its my word against a managers, which doesn't typically work out in the employees favor.


    A few details that might make a difference, ALL clocks in the department vary in time... typically 5 minutes apart. I've never had any sort of disciplinary action, with this company or any other. Also, this is coming very soon after concerns being expressed about actions within the department.



    I dont want to bog this down with too many details... so the main question is. They say im logging false times, I'm not so there will be zero proof of it, do I have a leg to stand on, or do I just have to deal with getting fired over false allegations? Thanks in advance,


    Ryan

  • #2
    Do you understand what "Wrongful Termination" is? I think not. Wrongful termination is a termination that violates law, cba or employment contract. I dont see where any that applies in your case. Sorry
    http://www.parentnook.com/forum/

    Comment


    • #3
      In at-will employment, you can be terminated at any time for any reason except a reason prohibited by law (ie age, religion, gender) unless you have a bona fide employment contract or CBA to the contrary. It's just like you can quit at any time for any reason.

      If you get terminated, it will not be illegal (a wrongful termination). A wrongful termination is not being terminated for something you didn't do. You can be terminated whether or not you actually "fudged" on your time cards.

      If you are let go, file for unemployment insurance. Maybe you won't be terminated after the investigation.
      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
        Thank you for your responses, and I'm sorry if this was posted in the wrong category. I was at a loss over where to post.

        I'm less concerned about losing this particular position, than with the reason they're stating. It would be more difficult to find my next position, after having to explain their reasoning behind the fire, and i would be unable to collect unemployment during the process due to being fired for 'misconduct.'

        Wouldn't the remarks be considered slander, since there is no proof to back up the managers statements, and holes in her story? Anyway, thanks again for all your help!!

        Ryan

        Comment


        • #5
          No, it wouldn't be slander & they don't need proof to terminate you if they believed you "fudged" your time cards. This isn't a court of law.
          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
            Yeah, I understand that. They can fire me just for the hell of firing me. My concern is having to tell a future employer their reason for my firing. If the reason they're stating is false, and that damages my reputation, would that not be considered slander?

            Comment


            • #7
              They can tell a prospective employer anything that is true, anything that they believe to be true or is their honest opinion of you/your work history.
              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
                It's not slander if they honestly believe that you engaged in misconduct, even if they are mistaken.
                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


                • #9
                  panther10758: Do you understand what "Wrongful Termination" is? I think not.

                  Do you really think a harshly-toned quip like that was helpful to Ryan98034? I think not.

                  BTW: Do you feel you are versed in all the nuances of what constitues wrongful termination?

                  To Ryan98034: You may or may not have a viable cause of action against your employer, depending on facts you have not shared here (e.g., your age, your race, your gender, your religious beliefs, what promises were made to you when you joined the company, etc.). You would really need to review the details of your situation with a labor law attorney in your area.

                  That having been said, "wrongful termination" cases can be very hard to prove, costly to pursue, and time-consuming. Unless you feel you have been singled out because of your age, race, sex, religious beliefs, etc., consider finding new employment and moving on with your life.
                  Barry S. Phillips, CPA
                  www.BarryPhillips.com

                  IRS Circular 230 Disclosure: This response is intended to provide general information and written for educational purposes only. It does not establish a client relationship. This communication is not intended to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to any party any matters addressed herein.

                  Comment


                  • #10
                    The "quip" was correct. Most do not understand what "wrongful termination" is. Far as how well verse I am or am not can apply to every poster here. If someone wants professional advice then an internet message board is not the place.
                    http://www.parentnook.com/forum/

                    Comment


                    • #11
                      Barry, I'll deal with any attitude issues, okay?

                      Your own posts come across as pretty condescending occasionally.
                      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


                      • #12
                        Ryan if my post was offensive I am sorry. (Note the word sorry at end of my first post) If you read through these forums many do not understand (this might include you) what wrongful termination is. Once more I was not trying to offend. Hope that clears things up.
                        http://www.parentnook.com/forum/

                        Comment

                        The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
                        Working...
                        X