Fired 4-6 weeks later?!?

[mrobison14]

I live in Illinois and work in Wisconsin. I was written up about 4-6 weeks ago for attendance policy infractions. There was a policy update which included being back from lunch break within 35 minutes. If an employee was late from lunch there was a write up involved, and we were held to a point system. This part of the policy was taken very loosely and is still kind of a joke from store to store. However, it seems to be very serious with someone this week.

4-6 weeks ago I had a few of these late lunches and was given a suspension for my tardiness. At that time my manager explained that this could lead to being demoted or even terminated if this continued. He had documentation to support his actions, and noted the working suspension that he was handing out to me versus a more serious penalty. I served my suspension and improved my tardiness.

Even though I have not had a late lunch or any other tardy since that conversation, I was terminated today. I am wondering if I have a legal leg to stand on with this? It seems to me like our corporate HR has reviewed my file and has decided to overturn my managers decision. With no other reasoning, I was let go. The policy states that any employee with ten or more points is to be terminated. As of today I had nine points, and yet there was no additional explanation as to why I was being terminated now versus back in April.

I am a department manager at a retailer and have recently been considering the next promotion. Just two days ago I asked my manager if my prior attendance issues would be a concern, or if I should still put in for this promotion. He saw no reason why I should not submit my interest in the position. Monday before I left for the day, I sent an email to our corporate HR with my interests in promotion to an open position. That was the last thing I did Monday, I was off Tuesday, and as soon as I punched in today I was being fired.

Is there anything that should hold my company to the prior agreement? If it was such as issue, what took so long? If my manager overstepped his authority, why do I have to lose my job over it?

Please shine some light on this for me.

Thanks!

 

[cbg]

There isn't any law that says you can't be termed over something that happened previously, even if you were already suspended for it. Nor am I clear on what "agreement" your employer made with you. Employment in every state except Montana, and also sometimes in Montana, is at-will, meaning that you cab be termed for any reason not prohibited by law. Bottom line, unless you can show that the point system explained in the handbook represents a legally binding and enforceable contract and that you CANNOT be termed unless you have ten points, AND that there was no possible other reason for your termination, it would appear that your recourse is to apply for unemployment and look for another job.

 

[mrobison14]

The so called "agreement" was when this was addressed back in April and my manager, who is the GM of the store, gave me a chance to improve on the behavior.

The attendance policy outlines the point system and 10 or more points is termination. The final write up that I was shown today did not reference any other reason behind the termination. With me only having nine points and there being documentation to support the GMs prior decision to allow me a chance to improve, I continued to work as normal with no thought that I may be fired.

I am working on getting a copy of the write up from April and the policy to review the specifics.

 

[cbg]

Does the alleged agreement guarantee continued employment?

 

[las365]

As you describe it, the termination of your employment was not illegal. This describes what is illegal:

Prohibited Employment Policies/Practices
Under the laws enforced by EEOC, it is illegal to discriminate against someone (applicant or employee) because of that person's race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. It is also illegal to retaliate against a person because he or she complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.

The fact situation you describe may bode well for your unemployment claim.

 

[Betty]

http://en.wikipedia.org/wiki/At-will_employment

 

[ESteele]

OP, why do you think management terminated you even though you had not yet accumulated 10 points? Has management terminated any other similarly situated employees for attendance issues even though they did not accumulate 10 points?

Separately, did you accumulate all of your nine attendance points for returning late from lunch?

 

[commentator]

This is clearly approvable by unemployment benefit standards, but that is about as good as it can get for you. Most people assume that they have a lot more legal rights on the job than they really do. Basically, the employer can fire you for anything at any time. The only thing you can get is that if you file fo unemployment benefits, they cannot stop you from being approved if they cannot show that they had a valid misconduct reason to terminate you. Be sure you have filed before you go through all this trouble of getting records, etc. Because there is no labor law that will be applied here. You will be able to get unemployment approved, probably, but nothing else. The employer does not even have to follow their own policies.

 

[mrobison14]

@ ESteele - The reason seems to be that my GM is trying to cover his ass for allowing me a second chance back in April. This situation is pretty unique, given the timeline and gap between the infractions and the termination. Not sure if there are any other employees that would match the unprofessional manner in which my case has been handled. I had one regular tardy mixed in with the late lunches.

@ commentator - Given the way I was treated, it is pathetic to know that their actions are legal. There is no arena to even submit a complaint about the misuse of power in this case, which ends up costing me my job. What is the point of the policy if they don't even have to follow it themselves? I am just disgusted at this whole situation and am floored that a general manager can go back on his written actions.

 

[ecmst12]

Did you look up At-Will employment?

 

[justalayman]

and am floored that a general manager can go back on his written actions.

what were his written actions? Previously you posted this:

4-6 weeks ago I had a few of these late lunches and was given a suspension for my tardiness. At that time my manager explained that this could lead to being demoted or even terminated if this continued. He had documentation to support his actions, and noted the working suspension that he was handing out to me versus a more serious penalty. I served my suspension and improved my tardiness.

is there something in the paperwork stating anything that might be construed as a promise to not fire you for the situation addressed?

 

[mrobison14]

I never saw the final notes back in April, and when I asked for copies of my personnel file when I was terminated; I was denied. I was referred to request copies through our general offices.

 

[justalayman]

so get a copy of the records, if possible. While it is a tough road to hoe, there have been some cases based upon promissory estoppel where the writing of the employer was considered to be a contract. Mind you, they are not very common and generally very difficult to win but if you really want to chase this, that is about your only possibility I see.

 

[mrobison14]

I have requested copies and have not gotten a reply either way yet. What if my GM conviently lost or never submitted the paperwork that recaps our discussion in April?

Either way, I guess I have to wait and see what was actually submitted to decide my course of action ... if any.

 

[cbg]

Of course, I feel compelled to point out that if someone who shall be nameless had taken the elementary precaution of getting (back) to work on time, he wouldn't have had to worry about any of this.