Fired now employer apologizing and asking if i would like to return to work

[kforce77]

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

This past thursday i was 12 hours into my shift, 4 hours into overtime and finished my production for the day. There was an issue elsewhere in the plant and i was asked to stay for what would be another 2 hours at least of work. I informed the person who asked me that i had to go and i could not stay any longer. After doing so my fellow employee who is an work-release inmate at montgomery county prison became irate, started yelling at me and pushed me into a shelf in my office/booth in which i incured a scratch from which i took pictures of immediately when i got home. I immediately called my plant manager told him of the issue and he thanked me for the call and told me to go home and get some rest. I still had some cleanup to do to complete my job duties for the day so i went about doing them so i could leave. Thats when the production manager( a good friend of the fellow employee that pushed me due to them previously working in the same department) showed up and immediately took the other employees side saying that he would never assault me and that i was lying. I told him as well that i had to leave and that i couldnt stay, which is when he told me i was fired. I tried to plead my case in which he did not want to listen too. I gathered my belongings and left. When i got home i texted the plant manager with pictures of my scratch and told him what the production manager did and said. The following morning i showed up to work as normal bc the previous night the plant manager didnt fire me and told me to go home and rest. When i showed up the plant manager came up to me and said that i heard what the production manager said last night and that i was fired. I plead my case again reminding him that before i was fired by the production manager he directly told me to go home and get some rest and when i was only trying to finish my job duties to go home is when the production manager fired me. The plant manager told me he didnt believe me that he didnt trust me and trusted the other employee that pushed me. I again pleaded with him saying i did nothing wrong and reminded him that i was an exemplary employee which i am, never calling off, working overtime on a daily basis and when needed in most cases, and that i go above the call of duty on a daily basis to keep things running smoothly. He didnt want to hear it and according to him i was fired so i then left. A day later after undoubtably being fired by the plant manager he sends me a text saying "will not discuss now but sit tight until you hear from me monday/tuesday". Monday rolled around and i get another text from the plant manager saying "would you be willing to accept my apologies and come back to work, Confer( the vice president) was out so i want to talk with him tomorrow but your right, i didnt want this." Crawling back after rudely firing me. My question is in going back to work for them do i ruin any chances of bringing suit in the future or is there any advice since it seems i have the upper hand now as too how when being rehired to prevent this issue from happening again, recouping lost wages for the days of work i lost out on. Maybe by having them sign a contract or something. I need to work because i need the money and what i want to do is have a job until i find other employment so i can take them down.

i need advice i want to handle this properly so i dont have to deal with this again

sincerely
Kyle

 

[Isis1]

you were assaulted at work. why did you not file a police report?

 

[kforce77]

it just happened this past thursday night and ive been looking around for more information before taking any further steps thats why im asking questions to get some guidance on what to do about the whole situation, my work employs illegals, osha was just there and spoke with me privately for 45 minutes and a couple weeks later this is all happening like i said im an exemplary employee and this barradement of bull has all been recent. And i feel like they realized they did something wrong which is why im getting apologies and my job offered back after i was treated like im nothing to them

 

[swalsh411]

I'm not seeing any basis for a lawsuit here. Your termination was not illegal. Your employer is not a court of law. They do not have to do what is fair, only what is legal. They do not have to consider your side of the story. They do not even have to give you an opportunity to present it. They can fire you the innocent victim (or so you say) and not fire the person who assaulted you.

You do not "have the upper hand" in any way. What you have is an offer to get your job back which I suggest you take because you will likely not qualify for unemployment since you are refusing work.

You will not "take them down" over this either by the way.

 

[kforce77]

well how come i have never had any issues before but now that a new production manager stepped in and since osha has been to my employer... and while the vice president stood outside my booth while the doors were closed and i spoke with the osha agent for around 45 minutes. Now all these issues have arrised with my previously great employment record.

 

[swalsh411]

I have no idea. But that doesn't mean any laws have been broken.

Do you go around telling everybody that you "talked to OSHA for 45 minutes"? That will get you some negative attention from management very quickly.

 

[kforce77]

i didnt go around telling anyone the vice president was walking with her when she took me aside in my office/booth to speak and he waited outside. What would it matter anyway "whistleblower law" it would be against the law for me to be treated in anyway differently after speaking with them

 

[Willlyjo]

well how come i have never had any issues before but now that a new production manager stepped in and since osha has been to my employer... and while the vice president stood outside my booth while the doors were closed and i spoke with the osha agent for around 45 minutes. Now all these issues have arrised with my previously great employment record.

In this day and age where jobs are scarce, I suggest you accept the invitation to your job back, keep a low profile and do your job in an exemplary fashion as you have before the incident with your co-worker. Having the attitude that you need to "take them down" is not going to be good for you in the long run. Do your job as usual and if anything illegal happens like your co-worker presenting himself in a way that is detrimental to a safe work environment, you can deal with it then.

 

[TinkerBelleLuvr]

If you don't accept the job back, it can be looked as QUITTING. Quit = no unemployment payments unless you can convince an unemployment office that it was for good reason.

Why didn't you call the police when you were assaulted?

 

[kforce77]

you dont understand how my employer is, they are slave drivers, dont appreciate any employees let alone the ones that go above and beyond the call of duty for them, as well as making us use unsafe equipment and perform rediculous duties bc theyre cheap and wont fix anything. They decieved osha when they were there. I was fired for not being able to stay longer after being well into overtime. When im there ontime everyday, never call off, work weekends and overtime everyday. Even putting in 150% effort they want more and its not good enough. Oh and my boss takes overtime hours that people work for including myself. It has happened to me and others on numerous occasions. I want to be treated as a human being and as the assett i am to the company. My hours change everyday to the point i cant schedule anything bc i never know exactly when ill be done and if i say i cant stay any more overtime i get fired. if im gona go back should i require some stipulations or an employee contract to prevent these issues in the future. Is more or less what im getting at im not dealing with this again

 

[Willlyjo]

you dont understand how my employer is, they are slave drivers, dont appreciate any employees let alone the ones that go above and beyond the call of duty for them, as well as making us use unsafe equipment and perform rediculous duties bc theyre cheap and wont fix anything. They decieved osha when they were there. I was fired for not being able to stay longer after being well into overtime. When im there ontime everyday, never call off, work weekends and overtime everyday. Even putting in 150% effort they want more and its not good enough. Oh and my boss takes overtime hours that people work for including myself. It has happened to me and others on numerous occasions. I want to be treated as a human being and as the assett i am to the company. My hours change everyday to the point i cant schedule anything bc i never know exactly when ill be done and if i say i cant stay any more overtime i get fired. if im gona go back should i require some stipulations or an employee contract to prevent these issues in the future. Is more or less what im getting at im not dealing with this again

Trust me! If you try to dictate conditions for going back to the job they offered to let you go back to, they'll rescind that invitation as fast as you can say "unemployment"! Don't rock the boat, dude. Go back to work and be happy you have a job.

 

[cbg]

I truly, truly, truly never thought I'd EVER hear myself say this, cybernetically speaking. But willyjo is spot on in his assessment of this situation.

 

[Willlyjo]

I truly, truly, truly never thought I'd EVER hear myself say this, cybernetically speaking. But willyjo is spot on in his assessment of this situation.

And I truly, truly, truly never thought I'd EVER hear myself say this, but even you, CBG can be a darling sometimes

 

[davidmcbeth3]

i didnt go around telling anyone the vice president was walking with her when she took me aside in my office/booth to speak and he waited outside. What would it matter anyway "whistleblower law" it would be against the law for me to be treated in anyway differently after speaking with them

Think about this: if they wanted to stage something to fire your for your osha activity wouldn't they have someone other than a work-release employee -- does not seem to trustworthy a guy to ask to participate in a scam

 

[swalsh411]

I don't know exactly what you mean by your boss "taking overtime" but if you have not been paid for all time worked you can file a complaint with the PA Dept of Labor and Industry.