Fired from Bank Job

[Jammin]

What is the name of your state? GA

I was considered an excellent with this bank I worked at until I got this new boss. When she came, she had issued with the outgoing boss, whom she knew I was close to, and as such she decided to take me down literally.

She promptly found a reason to give me a 90-day probation, and while I was on that one, she started another and then another. I ended up having 3 consecutive probations OVERLAPPING each other. IS THAT LEGAL ?

Then I called off from work one Monday, and when I returned on Tuesday, AT THE END OF THE DAY - she told me I was being fired for this one reason. I ws not given a separtuon notice, this was just orally between me and her. She told me she would tell the staff and clients that I had resigned - of which I found odd, but left it as that.

I then sought unemployment insurance, of which the company decided to challenge saying I was not qualified due to poor job performance. After a hearing with GA DOL it was decided that they won, so now I am left to repay the amounts I was previously given by the labor department.

I feel I should sue the companyfor wrongful termination, probably based on the 3 probations and the fact that I was given ONE reason for being fired, but was later told in the hearing that it was actually as a result of the acccumulation of the 3 probations.

Can someone please advice me. I live in Atlanta and I just know I have being wronged, but want to know my chances of taking this sick company.

 

[pattytx]

First of all, a wrongful termination in the legal sense is one where the termination is because of an illegal reason, such as for race, gender, nationality, etc. I don't see anything in your post that rises to that level.

Secondly, there are no labor laws to my knowledge, either federal or state, that regulate "write-ups", probation, or any other similar disciplinary action, deserved or not.

Third, did you attend the appeal hearing and did you appeal your UI denial? In most states, "poor performance", even if documented, is not a reason to deny UI benefits, although all states and judges can differ. Do you still have time to appeal? Are you sure it was not for some other reason?

Fourth, unfortunately, it is not illegal for a boss to be unprofessional and even a jerk. Sorry this happened to you, but other than appealing your UI denial, I don't see that you have any legal recourse.

 

[Jammin]

To: Pattytx

Third, did you attend the appeal hearing and did you appeal your UI denial? In most states, "poor performance", even if documented, is not a reason to deny UI benefits, although all states and judges can differ. Do you still have time to appeal? Are you sure it was not for some other reason?

Thanks for replying. I did attend the appeal hearing - it was teleconference. I am going to do the appeal this week, as I just the reply today that I lost in the appeal. As to if I am sure it was some other reason - No, my company said it was due to the 3 reasons listed. Its basically a boss who disliked me for being close to the former boss whom she met and had a bad working relationship with. So I figured she tried to find anyway to penalize me - maybe in getting back at the former boss - I just don't know.

 

[thwarted]

WV Not sure of Unemployment in your state. WV stipulates that the (former) employee can obtain or keep Unemployment benefits if the employee can establish that termination was due to "fault on the part of the employer". The 'Deputy's Decision' (in WV) usually has the verbage to determine what action the (former) employee can take to appeal. Good Luck

 

[Beth3]

She promptly found a reason to give me a 90-day probation, and while I was on that one, she started another and then another. I ended up having 3 consecutive probations OVERLAPPING each other. IS THAT LEGAL ? Yes.

Then I called off from work one Monday, and when I returned on Tuesday, AT THE END OF THE DAY - she told me I was being fired for this one reason. I ws not given a separtuon notice, this was just orally between me and her. She told me she would tell the staff and clients that I had resigned - of which I found odd, but left it as that. Your employer is not obligated to give you a written separation notice.

I feel I should sue the companyfor wrongful termination, probably based on the 3 probations and the fact that I was given ONE reason for being fired, but was later told in the hearing that it was actually as a result of the acccumulation of the 3 probations. This is not remotely a wrongful termination. You have no basis to sue the company.