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employer not following procedure in company handbook

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jenna_boo02

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

Is there anything you can do about your employer not following company policy when you were fired?
 


Isis1

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

Is there anything you can do about your employer not following company policy when you were fired?
nope. company policy is not automatically translated as law. they can follow it, or disregard it. as long as they are in the actual lines of the law per the state employment laws.
 

jenna_boo02

Junior Member
what is the laws? or how do I find them?

He fired me because I called off 3 hours before my shift like I was supposed to. I had no previous problems with anything the whole year I worked there and even had someone to cover my shift. He wouldn't allow them to cover it. Nor did he write me up like he was supposed too. And the other girl that called off that day still has her job. I didn't have a babysitter for 5 children only reason I couldn't make it in. And he was supposed to make me sign some paper about why I was terminated and didn't do that either. Sorry if im bugging. I just needed to know if I could do anything about it because I lost my children and my home because of this and I can't even get another job either.
 

swalsh411

Senior Member
You can file for unemployment while you look for a new job.

Sounds like you were treated unfairly but no laws were broken based on what you have posted.
 

Antigone*

Senior Member
He fired me because I called off 3 hours before my shift like I was supposed to. I had no previous problems with anything the whole year I worked there and even had someone to cover my shift. He wouldn't allow them to cover it. Nor did he write me up like he was supposed too. And the other girl that called off that day still has her job. I didn't have a babysitter for 5 children only reason I couldn't make it in. And he was supposed to make me sign some paper about why I was terminated and didn't do that either. Sorry if im bugging. I just needed to know if I could do anything about it because I lost my children and my home because of this and I can't even get another job either.
The reason you gave for your ex-employer firing you is legal. In fact he could fire you because he doesn't like the color of your hair
 

jenna_boo02

Junior Member
unemployment

I didn't apply for unemployment because I figured I would be able to get a job quickly. But I wasn't able too. And that was in september and its now feb so I was thinking its probably too late for that.
 

Antigone*

Senior Member
I didn't apply for unemployment because I figured I would be able to get a job quickly. But I wasn't able too. And that was in september and its now feb so I was thinking its probably too late for that.
If you are unemployed you should file anyway. The worst that can happen is they say no. You get an automatic no if you don't try.
 

ramosraymond54

Junior Member
Lawsuits are about money

I agree with 'senior member'. Lawsuits are mostly about money. Find a good attorney to help you.
I was in the same situation that you are in 14 years ago. I was fired because my former boss allegedly accused me of being 'lazy' after 25 years working for my boss as a Division Sales Manager! I sued my 'boss/owner'.
And we had an 'out of court' settlement.;)
Meanwhile, there are other 'odd' jobs you can still do while you're unemployed like doing internet work. It may not be much in the beginning, but it will see you through until your next job. Good luck!:D
 
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Antigone*

Senior Member
I agree with 'senior member'. Lawsuits are mostly about money. Find a good attorney to help you.
I was in the same situation that you you are in 14 years ago. I was fired because my former boss allegedly accused me of being 'lazy' after 25 years working for my boss as a Division Sales Manager! I sued my 'boss/owner'.
And we had an 'out of court' settlement.;)
Meanwhile, there are other 'odd' jobs you can still do while you're unemployed like doing internet work. It may not be much in the beginning, but it will see you through until your next job. Good luck!:D
There is no need for an attorney here. She has not hit the law-suit lotto and it is irresponsible of you to insinuate it, especially since there is NO legal basis for a law suit.

Please, go back to being lazy:rolleyes:
 

pattytx

Senior Member
There is no need for an attorney here. She has not hit the law-suit lotto and it is irresponsible of you to insinuate it, especially since there is NO legal basis for a law suit.

Please, go back to being lazy:rolleyes:
Agree. And I have to wonder if this scenario even occurred in the U.S. (see the poster's location).
 

commentator

Senior Member
Who is that guy? What was that stuff he been smokin'?:rolleyes:

Illinois is given as the location. You should have filed for unemployment, OP. Back when the termination first happened. Because though unjust firing, where the company doesn't follow the handbook may not get you into the lawsuit lottery (it won't, in almost any case, unless there is an EEOC violation) it may very well get you approved for unemployment insurance.

What you needed to have is enough wages paid in for you from covered employment in the last eighteen months to set up a claim. It has now been about two quarters longer since you had any wages reported, but if you had been working steadily for a while before that, you may still be able to pull in enough wages to have a claim.

Then they will go into the reason you left your job. When a company discharges you, they must prove to the unemployment office that they had a good misconduct reason. If you had really had no prior warnings or write ups for calling in, and you followed the procedures recommended by the handbook to the best of your ability, there's a fair chance this won't be seen as misconduct.

If you start moaning about how poor you are, or how you've lost everything, or how bad you need this or how bad you have been treated, you will weaken your case for unemployment assistance which is based strictly on unemployment law applied by the department.

Unemployment insurance is designed to support you while you are looking for that other job. There's no inherent virtue in not signing up for it, it is not welfare, does not come from any taxpayers but the employers who must pay it anyway. Keep the heck away from "internet jobs" and work at home schemes, as these are usually scams.
 

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