Discriminated/harrasment/wrongfully fired

[agutierrez23]

What is the name of your state (only U.S. law)? Florida

I was fired yesterday from my security officer supervisor. I been working for that company since 3/2008. Since the new Director came aboard on 2010 he has been harrasing me. I have strong proof that I wasnt fired before yesterday 4/24/2012 because his assistance director was overruling his poor decisions. The Director Mr Greg, lay off his assistant, Jeff because the position wasnt longer needed. But According to another employee Jeff was been terminated. Jeff was let go on Dec/2011 and thats when Mr Greg said that my defense lawyer wont be there to protect me anymore. I didnt took this seriously since I'm very capable of doing a good job but I did wrote a letter stating all the irregularities in my job . I even notarized such letter back then. I was planning on send it to human resources but I never did because I was afraid of any retaliation against me. I'm a father of three children and my family needs me so I didnt want to risk my job for any reason.
Dear Human Resources,
I, ************** currently employee supervisor by**************...would like to make a detail statement regarding to my currently working situation at ******************************************
First of all I would like to thanks **************for the job opportunity for almost five years of my professional career as a security officer. I always have feel pride of my company performance as well as mine. Sadly, I regret to inform that since months ago my opinion on security management has grown poorly due to the lack of professionalism and unethical behavior on behalf of my security director, Mister Greg Melvin.
Due to the fact that there has been issue that hasn�t been managing professionally I feel personally responsible to report it.
There are many rumors going around made by Mister Greg about my job�s future. As a supervisor and a straight forward person I have confront Mister Greg in a highly respectful manner on the veracity of such rumors. He continues denying such comments and told me that no one will be fired or stepping down. As the rumors continue to escalate I feel obligated to file my concerns.
According to rumors made by Mister Greg Melvin to a co-worker, also there is a probability that I�m going to be stepping down from my supervisor position and be replaced by an 18 year old that was hire three months ago with no supervisory experience. I have no problem what so ever to stepping down if in failing on my performance duties. But I personally feel harass by my superior because he has threaten to fire me many times before in the last couple of months and even more recently. These harassments discriminatory comments have continued on and off ending in a suspension of 3 days affecting my family way of living. To make things more uncomfortable and unprofessional Greg told me directly that Jeff, the assistant director won�t be there anymore as my defense lawyer to protect me because he won�t part of our team after Dec 31, 2011. While in the meantime the new addiction to our company continue to spraying rumors that he was told by Greg that Jeff was simply fired. But on paper show that his position was no longer needed. My concern is that lately I been offered the position of lead supervisor that I refused on taking for personal reason but since there has been force resignations made by Mister Greg, from follow workers I�m felling pressure on taking that position afraid of been the next one fired./ ************** (comment added today 4/25/2012... He gave the position to his brother in law, Jason. Mr. Greg is in a relationship with Jason's brother. (I dont care what kind of relationship, because I'm not homophobic, is noone business but himself) It only bothers me the fact he always show favoritism showing his discriminating side to the fact that I'm latino. He also pressure others workers to quit. I knew this young boy who died on a car accident recently after been unhappy of the way Greg harrass employee for them to quit. I strongly think he was trying to pressuring me to quit. He using my work schedule to achieve that since the last 2 months I wasnt sure what was going to be my working hours for the next day. I found myself calling at night to make sure. I have a very supported wife that didnt complain at all with those unstable schedules, so I never complained.
I also find out recently on Dec 20, 2011 that I�m not obligated to sign any write off if I feel I didn�t commit any fault .I wish I knew this sooner because I been signing them under pressure of been committing insubordination if I didn�t otherwise. I have been blame for things I haven�t done and even after my name have been clear days after (no in paper) I still feel the pressure and the blame on my shoulder by the threatening comments of taking my job away. I�m a responsible family man and I don�t think any person should work under this unprofessional and unethical circumstances. I love my job and I take it seriously due to the responsibility I have over my shoulders. I have always feel committed to give the extra mile so we can function as a one unit even under extreme pressure due to the fact that my job and responsibilities always come first.
I�m not the typical man that usually complains of situations at work because I as a grown up 39 year old man that truly understand the complete meaning of the word work. But due to lack of professionalism on my superior�s behalf I feel responsible on taking action on this matter. I honestly hope this issue can be resolve as soon as possible so we can all concentrate our attention to what really matter, to make a job well done. Thank you for your time.
Truly yours,

The day he was fired 4/24/2012, I was given a write off. I sign it but I wrote PERSONAL on the side of the paper, then He told me I was terminated...Any legal advice is truely welcome, thank you

 

[ecmst12]

That was entirely too long and contains entirely too much unnecessary personal commentary. File for unemployment and start looking for a new job.

 

[agutierrez23]

That was entirely too long and contains entirely too much unnecessary personal commentary. File for unemployment and start looking for a new job.

. The funny thing is that I cant file unemployment due the fact that if its at-your own fault, you arent entitle for unemployment, still I did file.Lets see where that go. Also I still have the rewards cards I received from the director due a job well done and then I get fired in less than a month??..WT##? I'm not a cough potato that loves to see easy money coming to the house. I need a real job as fast as possible. Thats why I applied for positions already. Thank you for your two cents..
I'm looking for a real legal advice not for criticism. thanks....I have 4 mouths to feed.

 

[ESteele]

No disrespect. But, you need to review your post and reduce at least 2/3 of verbiage. OP, you should endeavor to provide a concise statement -- “Joe Friday” Style -- of how you believe your employer “harassed” you and why you believe your termination was unlawful.

Based on briefly scanning your post, it would appear you would eligible for unemployment insurance benefits because you did not appear to commit willful, disqualifying misconduct.

Again, though, if you want a number of responders to thoughtfully evaluate your situation, it would behoove you to provide a brief summary of the salient events.

 

[Proserpina]

I'd also remove the real names, if I were OP.

 

[swalsh411]

. The funny thing is that I cant file unemployment due the fact that if its at-your own fault, you arent entitle for unemployment, still I did file.Lets see where that go. Also I still have the rewards cards I received from the director due a job well done and then I get fired in less than a month??..WT##? I'm not a cough potato that loves to see easy money coming to the house. I need a real job as fast as possible. Thats why I applied for positions already. Thank you for your two cents..
I'm looking for a real legal advice not for criticism. thanks....I have 4 mouths to feed.

I'm not reading your post until you narrow it down to only the basic facts but I will tell you that just because you were fired for something that is "your fault" does not mean you are automatically disqualified from unemployment. The employer has to show there was misconduct. You should file right away. It costs you nothing. Assuming you would be disqualified for misconduct and not even bothering to file would be very stupid. Your employer may be telling you not to file because you won't qualify for them. Don't listen. File immediately.

 

[commentator]

. The funny thing is that I cant file unemployment due the fact that if its at-your own fault, you arent entitle for unemployment, still I did file.Lets see where that go. Also I still have the rewards cards I received from the director due a job well done and then I get fired in less than a month??..WT##? I'm not a cough potato that loves to see easy money coming to the house. I need a real job as fast as possible. Thats why I applied for positions already. Thank you for your two cents..
I'm looking for a real legal advice not for criticism. thanks....I have 4 mouths to feed.

Okay having waded through your letter, which I strongly suspect that your HR didn't bother to do, my best advice is just exactly what you were told above. File for unemployment, which you already have done, and look for another job. You may have 4 mouths to feed, and you may be a fine worker, but you went way beyond the pale, got seriously overinvolved in the "who dun it" and "he said" and "this's unfair"s of your job. The employer does not have to be honest and respectful, does not have to make sure your supervisors treat you fairly and do not harrass you, does not have to honor verbal commitments they've made, or promote those who honestly deserve promotions, give you a regular schedule, not pressure you into quitting, all they are required to do is pay you at least minimum wage for the hours you work, pretty much. They certainly do not have to care whether you have four mouths to feed, or fifteen, or fifty.

When you complained and refused a promotion because of the perceived unfairness to you, when you bickered and engaged with your supervisor and with your co workers, agitated and made it your duty to "demand justice" you became a person they did not enjoy having there any more, and they terminated you. It doesn't matter whether you've gotten fifty prizes or bonuses or rewards for previous good work. Google "at-will" employment. That's what you've got here. You have the right to quit at will if you don't like the way the job is going. They have the right to terminate you, at any time, for any reason, or no reason. They don't even have to follow their own policies. They don't have to read your letters.

This is not going to be a discrimination case because you are hispanic, either, unless you could show the EEOC that the way you have been treated was BECAUSE of your ethnicity, and show a pattern of discrimination throughout the business toward all hispanics. And I bet you are not going to be able to do this. It was a personal thing, because of many issues, which actually sound like a compilation of they just didn't like you, you complained too much.

The only recourse you have when terminated this way is to file for unemployment benefits. You'd be silly not to do it, because this is insurance paid by the employer in case they let you go through no fault of your own. It sounds like that is what happened to you, as you did not intend to lose your job, you did not quit your job, and they had given you no warnings that you were about to be terminated or that you needed to change your behavior.(Well, they may say they have, you'll say they didn't. This will be worked out in the unemployment appeals process.) If you believe that you can't get unemployment if you are terminated, you are just wrong. I spent many years working in the unemployment system, and that's not how it works.

This is not welfare, it is not "easy money", it doesn't make you a couch potato, it does, if you were determined to be fired without a valid misconduct reason, give you a little bit of income to feed your family with while you are looking for that other next job. If you were determined to be fired with a good reason, if they decide that the employer did have a valid misconduct reason to terminate you, then you will not be approved for benefits.

If you take this situation of your termination to an attorney, they'll tell you the same thing. There have been no laws violated, there is no court you can take this into and get a settlement or sue your employer for firing you or for not treating you fairly. People always believe they have a great many more legal rights on the job than they do. But absent a union, where you would have a contract and a steward and a grievance process, there is no legal recourse, you haven't been discriminated against or harrassed or illegally fired. This is not criticism, this is facts.

 

[csi7]

I agree with commentator. I live in Florida, filing for unemployment benefits is necessary.

You can be fired without cause in Florida. Your employer has to be able to prove their claim for firing with cause. You have absolutely nothing to lose by filing for unemployment benefits.

I filed for unemployment, the employer filed for appeal, and the hearing was interesting, because I learned information I had not known and I stayed calm, professional, and followed the hearing officer's directions. I obtained long-term unemployment benefits, which was all I was going to get from the former employer.

 

[startedone]

or write a book about it,,,,maybe a best seller. Heck, you have chapter 1 written in your first post

 

[agutierrez23]

New intel

I was wrongfully terminated and I have proof. I was denied unemployment and they said because my employer said it was b/c misconduct. I'm planning to put my hands on my employee records.
Also my employer has a previous issue with employees for the police department and hit the news before he was hired for our company. He was pressure by the department to resign. There are tons of previous records with the same "mistakes" he did to me reported by police officers...the complains and finding. My co-workers have been filing complains about him for quite some time. After investigations the security agency have done nothing to fix this problem. Because of this you can see Officers been hire and been fired every other month. We believe someone is protecting him. I'm going to quote my ex employer on the paper I have from previous issues.

"Melvin wrote a brief letter to Ross that said, "I acknowledge that the investigation has concluded that I did not always treat other employees as expected and that my failures warrant a written reprimand as a discipline."

Still Im looking for a job, and going to interviews. Im not a couch potato that is waiting for a welfare check, no offense intended.

 

[Proserpina]

I was wrongfully terminated and I have proof. I was denied unemployment and they said because my employer said it was b/c misconduct. I'm planning to put my hands on my employee records.
Also my employer has a previous issue with employees for the police department and hit the news before he was hired for our company. He was pressure by the department to resign. There are tons of previous records with the same "mistakes" he did to me reported by police officers...the complains and finding. My co-workers have been filing complains about him for quite some time. After investigations the security agency have done nothing to fix this problem. Because of this you can see Officers been hire and been fired every other month. We believe someone is protecting him. I'm going to quote my ex employer on the paper I have from previous issues.

"Melvin wrote a brief letter to Ross that said, "I acknowledge that the investigation has concluded that I did not always treat other employees as expected and that my failures warrant a written reprimand as a discipline."

Still Im looking for a job, and going to interviews. Im not a couch potato that is waiting for a welfare check, no offense intended.

I suggest you re-read the posts on this thread.

What you think is "wrongful termination" doesn't necessarily mean that it is, legally speaking, a wrongful termination. It has a VERY specific meaning.

 

[eerelations]

This is not a wrongful termination as defined by law. Under the legal concept of at-will employment, employers are legally free to fire employees for almost any reason, including incorrect reasons such as the ones you've listed. Google "at-will employment" for a complete definition.

 

[commentator]

Being denied your unemployment benefits has nothing to do with a wrongful termination. Being denied your initial unemployment benefits means that your employer told the agency that you were terminated for misconduct of some kind. They submitted or showed some proof to the unemployment system that you had been warned, and were aware that what you were supposed to be doing was wrong and that you had the option of changing your behavior and keeping your job, but you chose not to do so. So you were denied unemployment in the initial decision.

This decision came with the information that you have the ability to file an appeal within a certain number of days. If you do so, you will be given an appeals hearing, in which you have another opportunity to tell your side of the situation of your firing, and they have the opportunity to tell their side of it in front of an appeals judge or officer of some sort. This hearing is either by conference telephone call or in person. If you do not file this appeal/ do not request this hearing within the time frame given, the affair is completely over.

I'll bet you were also told to begin looking for work while you were filing your unemployment insurance claim too. It's not a new lifestyle, even if you are approved, the benefits only last for a certain period and then you'd stop getting them. And you must be making a work search to get them at all.

Whether or not you get your hands on your employee records is not going to make much difference, as there is nothing to be documented or shown except in an unemployment hearing. Your employer will have the records there and you can see them then. There is no specific law against doing what they have done to you otherwise, and so you have no way you can sue them or file a complaint against them with the EEOC, which is what you would do in a case of real wrongful termination.

That your employer had been firing a lot of other employees at his former place of work makes no difference. So what if people had been filing complaints against him? So what if "someone has been protecting him"? Firing employees, treating your employees badly is NOT illegal, does not make yours a wrongful termination.

You'll be told that by any attorney you take this case to and ask to represent you anywhere except in your unemployment appeals hearing. But you probably won't, you'll just keep on till you eventually find another job and you'll keep saying you have a wrongful termination and you could have stuck it to them and you know these things and on and on and on. Because you are totally ignoring what we keep telling you just because it is not what you wanted to hear. You do not have a wrongful termination, and you cannot do anything about your termination except file for unemployment insurance.

 

[swalsh411]

Unemployment insurance is not welfare first of all.

Secondly, you should appeal the determination. It is not at all uncommon for whatever the employer says to be taken at face value with no proof required during the first step of the eligibility process. At the appeal hearing they will need to show actual evidence of misconduct, not simply an allegation.

 

[cbg]

This poster needs to read my signature.

OP, what LAW do you think was violated by terming you? Whether you do or do not receive unemployment has NOTHING to do with whether or not your termination was lawful.