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Fired....and I need specifics

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dancwitme18

Guest
What is the name of your state? CT

Hi. I have just recently been fired because a lady complained I made a threat to slash her tires. I was told that there were 5 witness's plus a security guard who over heard me. When I ask WHEN AND WHERE did I say this to try and defend myself they wouldn't tell me. ARe they obligated to tell me when and where and give me a chance to defend myself? I am now going to file a complaint with the Labor Board but I dont have the specifics because they wont tell me and I can't prove myself innocent. I didn't make a threat to anyone, this lady was upset because a 21 yr old didn't want to talk to her and she was 37.

Thanks in Advance

Amy
 


Beth3

Senior Member
Sorry but your employer may fire you because they believed you made this threat, even if they are mistaken. Nor do they have to give you any specifics about the incident or allow you an opportunity to defend yourself.

Since your employer has not violated any laws, filing a complaint with the labor board would be a waste of time.
 
D

dancwitme18

Guest
but isnt that slander? and now what if I can't get a job because they call them and tell them im a person who makes threats?
 
K

krispenstpeter

Guest
And what if the world ends tomorrow. Problems solved

No it is not slander. Now, get over it and spend your time finding a new job.
 
D

dancwitme18

Guest
Thats the thing, is her LIE going to affect me getting a JOB somewhere else. Obviously I have to put down that I was TERMINATED from there on the Job History. I came here for help not for someones f'd up attitude.
 

cbg

I'm a Northern Girl
As of this exact moment, you have no case.

The fact that you will have to say you were terminated does NOT mean that you will never get another job. PLENTY of people whose employment was involuntarily terminated have been able to find other jobs.

When and if you find out that you have been refused another job SPECIFICALLY because she said that you slashed someone's tires, THEN you can talk about slander. Until then, nothing illegal has transpired. Nor will it be slander if they say you were fired; you WERE fired. It has to be because they say something that is FALSE AND that you suffered damages because of it.

That's not attitude - that's the way the law reads.
 
K

krispenstpeter

Guest
because they say something that is FALSE AND that you suffered damages because of it.
And the OTHER element of slander is that they KNEW it was false.

Grow up kid and pull your head out of your orafice.
 
C

CharlieAngel1

Guest
So what's going to happen if she goes and tries to get a job, and simply states the truth in her application?

Example:
Last position and the circumstances of your leaving that job?

"I was terminated because a lady accused me of threatening to slash her tires, even though this is not true."

She will probably have a very hard time finding a new job after this. I would at least consult an attorney to see what can be done about this situation.
It seems like your only choice is to lie, and that is a big stressor. If I were you, I would apply to one place that you LIKE, and not give them as reference.

Then apply to another 3 places and give them as references. Then, if they call the reference and they slander you, then you can go ahead and sue them.

Also, I don't know if this could work, but you could set them up. Go to a prospective employer you don't care being rejected, and tell them the whole story to see if they'd hire you. if they don't, ask them to call your ex-employer to see if their accusations will stand in a reference. If they do, you have a case.

If you don't have a case.. CREATE IT.

Oh, and just one word of advice: Take the comments from Beth, IAAL, cbg, and Kristenwhatever with a grain of salt. Two of them are HR people (horribly biased against employees,) IAAL is a lawyer wannabe, and Krist%$## is just a loser. Be very careful. While sometimes they state the law accurately, their points of view are outrageously biased in favor of employers and sometimes even if you have a case, they will get worked up, fitting the shoe and will obstinately force you to believe you have nothing. Be very careful and always consult an attorney before believing what these biased people state.
 
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K

krispenstpeter

Guest
Oh please take the advice of a charlie's angle wannabee.

She has all the answers you're looking for.

And be sure to write back to let us know :rolleyes:
 
J

James W

Guest
It appears cbg is more interested in providing snide remarks - than anything of real substance.

Doh maybe he should try umemployment sometime and see how he likes it.
 
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krispenstpeter

Guest
James W said:
It appears cbg is more interested in providing snide remarks - than anything of real substance.

Doh maybe he should try umemployment sometime and see how he likes it.
And of course, your post added a great deal to this poster's understanding of his/her rights under law?

The simple fact is, this thread has gone from employment law to slander and liabel. And even if the employer states (under the twisted scenario that CA cited) the poster was fired based on allegations of slashing a customer's tires, that in and of itself does not rise to the level of slander.

Nothing else in this thread is relevant.
 
D

dancwitme18

Guest
to continue

since i didn't know any kind of information pertaining to unemployment or what not because i only had one single job since i was 16, i was just curious. I had filed unemployment and had my hearing today..... the company showed up with the girl i "threatened" and one other person. I showed up by myself because who was i to bring and defend me when i didn't know when and where it happened? So when the person read the statements and stuff he asked me "you dont know where or when you made this comment to Mrs ***?" and I said "No, I asked 5 times and got this response 'We will not disclose you with that information' so i never knew" and the guy looked at them and said , "Please provide her with the information and we will have another hearing when she can defend herself" So....indeed.....i got the time and place where it happened and my 2 witness's that said It DID NOT happen and we are going back there on June 4th. AS that company already showed once...they don't have any witness's, becaus the one other peson they brought, WASNT AT WORK that day and the guy asked for a printed out time sheet for her. plus at our work there are the security swipes...where we have to swipe our badge to enter the building....so basically they will be proven wrong on june 4th. what will happen from then i dont know.
 
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krispenstpeter

Guest
What will happen from there on is that, if everything you just posted is a true and correct record of the proceedings, you will get unemployment.

Make sure you document not only your security swipe at the date of the event, but also get witness statements (in case they are mysteriously unavailable) signed and notarized.

And then when you apply for another job you put down that you were let go. When asked tell them honestly what transpired, up to and including the unemployment hearing and the disposition. Then hand over the findings letter you will receive.

Listen kid, I'm 50 and I've owned my own newspaper, radio station and have been retired since 45 with more money than I know what to do with.

I have also been fired more times than I've had a virgin so learn from it and move on. It ain't gonna be the end of the world.
 

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