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Damned if you do, Damned if you Don't

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Damnedifyoudo

Junior Member
What is the name of your state (only U.S. law)? ga


For the past 7 years I worked overnight at a privately owned-State Regional Youth Detention Center as a Juvenile Correctional Officer. I have had no write ups, no restrictions, no coachings,etc. I have never been late, or missed a shift. I am one of three officers certified to drive the transport van, that takes juveniles to other facilities, hospitals, or to meet with their lawyers.

My work schedule has always been Sunday through Thursday 9:45 pm to 6:45 am, with Friday and Saturdays off. I need both days off due to my son's physical therapy rehabilitation schedule. My son was born with a hip deformity.

On Friday August 24, 2012 at 8:45pm I received a phone call from the Captain asking if I could transport an offender to another facility 90 miles away for his court date on Monday. I confirmed I would and reported to work. I arrived at 9:20pm, searched the van for contraband, turned in the contraband report, searched the juvenile, let him get dressed in his personal clothing, applied the restraints (handcuffs & waistchain) and escorted him to the transport van.

I then radio'd Central Control to notify that I had one juvenile going to court, and was let out the gate. I arrived at the other facilty at 12:00am and finalized the transfer of youth paperwork. I left the facility and went back to where I worked; arriving at 2:30 am, after stopping to get gas, as per my job description.

From 2:30am to 3:30 am I finished writing the official log of the transport, finalizing the master count (# of youth/rooms assigned to) paperwork. The Captain asked if I could stay and help til the next shift arrived. Once again I confirmed I would.

On Saturday August 25, 2012 at approximately 6:30am the 1st shift Captain radio'd me to report to 1st shift briefing, a common practice when you are required to work overtime. I arrived in the briefing area, and the 1st shift Captain stated I needed to stay and work in one of the housing units on 1st shift. I asked her to speak to me privately, and we stepped off to another briefing room.

I informed her that I had already worked 2 overtime shifts, 1 on Wednesday morning, and last night; and anyone working more than 2 OT shifts in one week is immediately terminated per our company policy. She informed me, if I didn't stay I was going to be terminated for insuburdination. I asked her to put that in writing, and I immediately asked if MY Captain (3rd shift) could act as a mediator, another company policy. The 1st shift Captain declined, and immediately left the briefing area.

I left about a minute after her, and she informed me to go back to my 3rd shift job until Briefing was complete. I did exactly that.

About 15 minutes later I was radio'd by the Head Facility Administrator (Warden) and was summoned into His Office. The 1st Shift Captain and the HFA had my termination letter and requested I sign it, I refused without my captain acting as a Mediator. The HFA radio'd for the 3rd shift captain. When the 3rd shift Captain arrived, the HFA informed him that I was terminated for failure to comply, insuburdination and failure to adhere to superior discretion. The 3rd shift captain showed documents that show I had already worked 2 OT days, and tried to inform the HFA that I was only on duty to transport an offender--per the HFA.

The HFA clearly stated in my termination that I was thrust into a Damned if I do, Damned if I dont situation, and either way would result in me being terminated.

Can I legally sue the company for unjustifiable termination?
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? ga


For the past 7 years I worked overnight at a privately owned-State Regional Youth Detention Center as a Juvenile Correctional Officer. I have had no write ups, no restrictions, no coachings,etc. I have never been late, or missed a shift. I am one of three officers certified to drive the transport van, that takes juveniles to other facilities, hospitals, or to meet with their lawyers.

My work schedule has always been Sunday through Thursday 9:45 pm to 6:45 am, with Friday and Saturdays off. I need both days off due to my son's physical therapy rehabilitation schedule. My son was born with a hip deformity.

On Friday August 24, 2012 at 8:45pm I received a phone call from the Captain asking if I could transport an offender to another facility 90 miles away for his court date on Monday. I confirmed I would and reported to work. I arrived at 9:20pm, searched the van for contraband, turned in the contraband report, searched the juvenile, let him get dressed in his personal clothing, applied the restraints (handcuffs & waistchain) and escorted him to the transport van.

I then radio'd Central Control to notify that I had one juvenile going to court, and was let out the gate. I arrived at the other facilty at 12:00am and finalized the transfer of youth paperwork. I left the facility and went back to where I worked; arriving at 2:30 am, after stopping to get gas, as per my job description.

From 2:30am to 3:30 am I finished writing the official log of the transport, finalizing the master count (# of youth/rooms assigned to) paperwork. The Captain asked if I could stay and help til the next shift arrived. Once again I confirmed I would.

On Saturday August 25, 2012 at approximately 6:30am the 1st shift Captain radio'd me to report to 1st shift briefing, a common practice when you are required to work overtime. I arrived in the briefing area, and the 1st shift Captain stated I needed to stay and work in one of the housing units on 1st shift. I asked her to speak to me privately, and we stepped off to another briefing room.

I informed her that I had already worked 2 overtime shifts, 1 on Wednesday morning, and last night; and anyone working more than 2 OT shifts in one week is immediately terminated per our company policy. She informed me, if I didn't stay I was going to be terminated for insuburdination. I asked her to put that in writing, and I immediately asked if MY Captain (3rd shift) could act as a mediator, another company policy. The 1st shift Captain declined, and immediately left the briefing area.

I left about a minute after her, and she informed me to go back to my 3rd shift job until Briefing was complete. I did exactly that.

About 15 minutes later I was radio'd by the Head Facility Administrator (Warden) and was summoned into His Office. The 1st Shift Captain and the HFA had my termination letter and requested I sign it, I refused without my captain acting as a Mediator. The HFA radio'd for the 3rd shift captain. When the 3rd shift Captain arrived, the HFA informed him that I was terminated for failure to comply, insuburdination and failure to adhere to superior discretion. The 3rd shift captain showed documents that show I had already worked 2 OT days, and tried to inform the HFA that I was only on duty to transport an offender--per the HFA.

The HFA clearly stated in my termination that I was thrust into a Damned if I do, Damned if I dont situation, and either way would result in me being terminated.

Can I legally sue the company for unjustifiable termination?

They don't need a reason to terminate your employment.

However, I do have a question. Are you using FMLA due to your son's condition?
 

Mass_Shyster

Senior Member
Talk to an attorney.

A "privately owned-State Regional Youth Detention Center" may be considered a state actor, making them unable to terminate your employment without due process.
 

commentator

Senior Member
I'm going to say I bet they aren't. that's the wonder of "privately owned." They don't have to treat their employees like civil service employees. They love it.

File for unemployment insurance. They don't have to honor any sort of request or conditions you've had given to you regarding your son's condition unless you have requested intermittent FMLA for his care.
 

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