Am I wrong?

[kmh8]

I was hired on (10/23/03) to a small company. It turned out to be a great position. I was very happy there and though(?) I was doing a great job. In the few weeks there, I experienced an illness, that I called and explained I would be in....but with my throwing up, I'd be late. (unexpected). The next incident was leaving for work and a neighbor had passed away, several emergency vehicles and seeing the family upset and knowing what the loss of a family member is, I was upset and had to take some time to get myself together, once again, I called and explained that I would be in, just a bit late. It seemed that it was taken in stride and because I was coming in after experiencing situations out of my control and because I was doing a good job and felt I was well liked, it seemed ok. Another situation came up, my Mum (she'd British) has been ill for quite some time, I think I put it out of my head because I didn't want to deal with it. Well, in talking with her on Thursday night, she mentioned a test she needs to have to determine her illness. I knew about it for quite a few weeks, but it was mentioned that she may need to go to UCLA, if they couldn't determine the problem in her Dr.'s office. Well, it really freaked my mind out and I thought geez, she's scared and I'm trying to not think about this...she needs me. I left a message for my boss explaining that my family is my 1st priority (is that wrong?) and that I was sorry, but I needed to be there to support my Mum. My cell phone buzzed me a message the next afternoon from my home phone, it was from my boss and he fired me over the phone. There was not a specific reason, it only stated that "Things were not working out and feel free to come and get your belongings, and I need your keycard back." To me, that is not right and sorry if I've babbled on about this. But, I was truly doing a good job and I think common courtesy would say, at least speak to me directly, if you're going to let me go......I've never been fired in my life and I'm having a tough time trying to figure out if this is right? When I got back from my Mum's, it was Sunday, I left another message stating the fact that I was in shock and if there was anything I could do or say to rectify the situation. Please call me, I would like to speak with you directly.....I have yet to receive a phone call. I have been feeling ill over this and have been trying to get myself back into the flow, with the stress of my Mum's illness and the stress of "that" phone call, my asthma is in full force and I'm not well. I have no health insurance now....it would've kicked in Dec. 1st...I'm not feeling sorry for myself.....I just need some solid advice in regard to my situation. I'm a smart girl with alot of good work qualities.....I just need to know if this situation is one that I can do something legally about? I will definately file for Unemployment, but that is not going to suffice my normall pay. Thank you for listening and any advice in this matter will be greatly appreciated.

 

[Beth3]

Hard to say. That's not much to go on.

 

[kmh8]

Beth3, were you responding to me?

I'm not used to these forums...I'm not sure if you were responding to my message?? Not enough info?

 

[Beth3]

Kim, that was a joking response to your first post that didn't have any info in it beyond "Am I Wrong?" Let me read your full message and I'll see if I have an answer for you.

 

[Beth3]

Okay...here's the answer.

You started a new job October 23rd and in the space of just a few weeks, you were absent at least three times.

The first time, you were late because you were ill. Okay - understandable.

The second time, you were late because a neighboring family had a medical emergency and you were too upset to report to work on time. The neighbor's situation is unfortunate but it didn't have anything whatsoever to do with you.

The third time, you left your boss a message to the effect that your family was your first priority and you were going to visit your mom. Common courtsey suggests that you should have ASKED your boss if you could be absent Friday in order to be with her, not just leave him a voice mail and take off for the weekend. You could have gone to work Friday and been with your mother Saturday and Sunday. There was no medical emergency for you to deal with that Friday.

If you'd worked there for a couple of years or longer and had established yourself, I expect your employer might have been more flexible about these things but you made it clear that your job is low on your priority scale and I'm not surprised they decided it wasn't working out.

No, you have no legal recourse here. The employer was completely within their rights to let you go. Next time, remember that attendance on the job is a critical issue, especially when you're a new employee.

 

[cbg]

While I understand completely why you did what you did, your employer did nothing wrong in terming your employment, either. I'm not saying he handled it in the best way possible, but terming you was not illegal and leaving you the voice mail message was not illegal either, even if it seems a bit heartless.

I'm not saying that any of your decisions to call in when you did were the "wrong" decisions. That's a call only you can make. However, given that you were employed less than a month and you were either absent or tardy on three separate occasions, I'm not sure I wouldn't have fired you too. The first few weeks of employment is when you need to be on your best behavior - it's a truism within the HR world that what you see in an employee's first few weeks is what you're going to see indefinitely. The employer would be justified in a belief that if you're calling in all the time now, you're probably going to continue to do that. You may be one of the exceptions and this will never happen again - but he has no way of knowing that.

It isn't "wrong" to fire someone by voice mail - it's not how I would do it but it's not illegal.

Finally, while I completely appreciate your attempts to make things right by asking him to talk to you directly, he has no legal obligation to do so if his decision to term you is irrevocable.

I think you need to chalk this up to a learning experience and start looking for a new job.

 

[kmh8]

Beth3

Thank you for your thoughts.
I am one to think that "Life is to short."
As far as my Mum goes, I would be there in a heartbeat (she's and hour and a half away). Never-the-less...I would be there for her in any instant and if I'm wrong for thinking that.....Well, I must be a "bad" person. I do understand what you said in your reply, but I went through a tough time losing my Dad a couple of years ago, and if I'd not gotten back in time for his death...I would've never been able to forgive myself. In that situation I'd been with a Company for almost 11 years(I was laid off about a year after, due to the sale of that part of the company) and of course, as you mentioned time makes a difference. In this new company, I really did do a great job for them and the fact that I have feeling (yes, the neighbor thing might be hard for the common person to understand, but I'm a very emotional person and everything affects me, when it's in my environment...) I did not call in sick or fail to show up on all of those occasions, just one.....You are right, my Mum was not in any inevitable danger of demizing, but, she needed me and I needed her to know that I was there....If I'm wrong in my thinking...than some people have different thoughts on what life is really about....

 

[Beth3]

kmh, I have been through similar with both my parents, so don't think I don't understand. I'm just giving you the employer's perspective. As I said, if you weren't brand new on the job, it might well not have been an issue.

Good luck.

 

[kmh8]

cbg-thank you for your thoughts

cbg...Thank you for your thoughts..I guess in a way, I'm a terrible rebal and think the world should revolve around me! I have a hard time with personal family issues and with my common environment, whether it's personal or not...I have no problem in thinking I will move on to something else. I recently became a otary and was thinking, with this job, I can't really do much with this, though they were impressed with my drive to improve myself. Maybe that's part of this whole thing as well, I achieved that and recently decided I was going to College, maybe the combination of tardiness and need to be with my family sparked in their head that I would not be one to stick around?? So, let her go now, as to not think about it and worry? Hmmmm...
Never-the-less- Thanks for your input and know that I will be fine and will move on to the next level!!!

 

[cbg]

No one is saying that you were wrong, but the employer was not wrong either. It's not a case of one person is right so the other one HAS to be wrong; it's a case of what was right for you and what was right for the employer not being the same. You needed to be with your family; fine, that's not wrong. But the employer needed someone who came to work on time and you weren't doing so; that's not wrong either.

 

[kmh8]

Beth3 and cbg

Thank both of you so much for your input.. This is a new site to me...I was thinking, "I was wronged..." But, you have both set me straight as far as this goes. I do truly thank you both! I am a strong individual and fully capabile of so much. I will be fine past this situation, it is a bummer, I really did like my job and there could have been alot of potential. I understand fully what you've told me and I think even given the circumstances, that I will emerge an even better person and may need to get into my "own" business, so that I don't have to conform to the 8-5, working for someone else mentality? (Then I would not have to worry about needing to be on stand-by for my Mum or whatever comes up, right?) Thank you for talking to me....great counceling!
I wish all the best to both of you and all of the luck in the world...(Except for what I take!!!