I want my job back

[litsupport]

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

I was hired in March of 2007. After working for a few months, one morning on my way into the office I shared the elevator ride with my manager, I casually mentioned how I was not a morning person & preferred nights. She mentioned the company had been considering creating an evening shift & would I be interested. I said yes, of course. In Aug. 2007 the night shift was implemented.
Fast forward aprox 4 years (late 2011/early 2012) and an office move of +20 miles (May 2011), one way. I started having car problems, which resulted in tardiness, and attendance issues. As a result, I was moved to the day shift. Which I hated, but was happy I still had a job. If it was not for being commended for my performance by the VP of Sales, a Executive Manager and a Sales Assistant chiming in during the company meeting and saying they have had clients also comment on my performance and how much they liked me, I believe I would have been fired. When any of my co-workers or clients I spoke to on almost a day-to-day basis, inquired why I was working the day shift, I openly told them “because I got in trouble” & depending who was asking “I didn’t want to be fired”.
Fast forward approx 14 months and a new HR Director later. During this time I was promoted to Tier 2 support and Team Lead. My performance review during this time was good and I received two raises.
I was offered a chance to return to the evening shift. I was told (by the current manager) I had a big responsibility because I would be the sole person on this shift. Previously there were 2 of us (5 different co-workers through those 4 years). She knew I had car trouble from time to time. I told her one of the main reasons for wanting to go back to nights was I wanted a new car.
I started having car problems that first week. I have towing records from AAA, car part receipts backing this claim. Since buses don’t run at 1am, the time I got off work, I had no other recourse but to take cabs. I have cab receipts totaling more than $280 in cab fare for the week. The day (April 17th) which lead to my termination I did not have the money for cab fare, and decided to drive to work. (The night before, I had worked on my car, test drove it without any problems.) My car broke down aprox 5 miles from home. I called my manager twice to notify her of this but did not get an answer. I was too upset to leave a voice mail and instead sent a text message, letting her know I wouldn’t be in and I knew I was fired and would be in to get my things.
The next day I spoke to my manager on the phone and she said she didn’t know if I was in fact going to be fired. She was in meetings with her manager and HR and was pleading to keep my job. She told me to come in the next day for my regular shift.
The next day I took the bus to work and before I entered the office I went into the ladies room to check my appearance. I didn’t want to look like I had been crying. My manager was in the ladies room and appeared to have been crying. She told me she would talk to me in the office. I apologized for having put her in this situation, with tears welling up. She asked me please don’t, she had been crying all day. I knew it was not going to be good news; I was going to be fired.
I went to my desk, and she came and got me and we proceeded along with HR to HR’s office. HR started to give a I’m sorry speech, but I asked her to just get on with it, I wanted to get out of there. She stated it would set a bad precedent if I stayed employed, she had no other choice but to let me go. I signed a couple of papers, I don’t remember what they were exactly. I believe they related to my last pay check & vacation time; both checks which were handed to me at this time.
I believe I was wrongfully terminated on the statement made by HR “it would set a bad precedent”; as a precedent had already been made the previous time I was in the same situation. At that time, I was not fired, but moved to the day shift. I think this would have been the more aspirate resolution.
I want my job back, the ONLY person who wanted me gone was HR. HR had sole discretion, my manager pleading for me to keep my job made no difference. I could possibly, if needed; get the previous HR to plead on my side.
Opinions please.

 

[Proserpina]

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

I was hired in March of 2007. After working for a few months, one morning on my way into the office I shared the elevator ride with my manager, I casually mentioned how I was not a morning person & preferred nights. She mentioned the company had been considering creating an evening shift & would I be interested. I said yes, of course. In Aug. 2007 the night shift was implemented.
Fast forward aprox 4 years (late 2011/early 2012) and an office move of +20 miles (May 2011), one way. I started having car problems, which resulted in tardiness, and attendance issues. As a result, I was moved to the day shift. Which I hated, but was happy I still had a job. If it was not for being commended for my performance by the VP of Sales, a Executive Manager and a Sales Assistant chiming in during the company meeting and saying they have had clients also comment on my performance and how much they liked me, I believe I would have been fired. When any of my co-workers or clients I spoke to on almost a day-to-day basis, inquired why I was working the day shift, I openly told them “because I got in trouble” & depending who was asking “I didn’t want to be fired”.
Fast forward approx 14 months and a new HR Director later. During this time I was promoted to Tier 2 support and Team Lead. My performance review during this time was good and I received two raises.
I was offered a chance to return to the evening shift. I was told (by the current manager) I had a big responsibility because I would be the sole person on this shift. Previously there were 2 of us (5 different co-workers through those 4 years). She knew I had car trouble from time to time. I told her one of the main reasons for wanting to go back to nights was I wanted a new car.
I started having car problems that first week. I have towing records from AAA, car part receipts backing this claim. Since buses don’t run at 1am, the time I got off work, I had no other recourse but to take cabs. I have cab receipts totaling more than $280 in cab fare for the week. The day (April 17th) which lead to my termination I did not have the money for cab fare, and decided to drive to work. (The night before, I had worked on my car, test drove it without any problems.) My car broke down aprox 5 miles from home. I called my manager twice to notify her of this but did not get an answer. I was too upset to leave a voice mail and instead sent a text message, letting her know I wouldn’t be in and I knew I was fired and would be in to get my things.
The next day I spoke to my manager on the phone and she said she didn’t know if I was in fact going to be fired. She was in meetings with her manager and HR and was pleading to keep my job. She told me to come in the next day for my regular shift.
The next day I took the bus to work and before I entered the office I went into the ladies room to check my appearance. I didn’t want to look like I had been crying. My manager was in the ladies room and appeared to have been crying. She told me she would talk to me in the office. I apologized for having put her in this situation, with tears welling up. She asked me please don’t, she had been crying all day. I knew it was not going to be good news; I was going to be fired.
I went to my desk, and she came and got me and we proceeded along with HR to HR’s office. HR started to give a I’m sorry speech, but I asked her to just get on with it, I wanted to get out of there. She stated it would set a bad precedent if I stayed employed, she had no other choice but to let me go. I signed a couple of papers, I don’t remember what they were exactly. I believe they related to my last pay check & vacation time; both checks which were handed to me at this time.
I believe I was wrongfully terminated on the statement made by HR “it would set a bad precedent”; as a precedent had already been made the previous time I was in the same situation. At that time, I was not fired, but moved to the day shift. I think this would have been the more aspirate resolution.
I want my job back, the ONLY person who wanted me gone was HR. HR had sole discretion, my manager pleading for me to keep my job made no difference. I could possibly, if needed; get the previous HR to plead on my side.
Opinions please.

This is not a wrongful termination in any way, shape or form.

 

[swalsh411]

File for unemployment while you look for a new job.

 

[OHRoadwarrior]

You can want your job back all you want. It is not the companies problem you have a broken car. If transportation was a problem you should not have taken that shift or moved closer. Your recourse is to file for UI or beg.

 

[cbg]

A wrongful termination means that there exists a specific law which prohibits an employer from firing you for the reason they did. Specifically, what law do you believe was violated?

 

[commentator]

You have been looking at this from the wrong angle for a long time. HR is not the only one who wants you gone. You've put yourself repeatedly in the position where the whole staff other than you was aware of your attendance and personal issues, and where you were being allowed special dispensations that were really basically unfair to the rest of the staff. You were a good performer on the job, so they allowed for the personal issues about car breakdowns and perpetual lateness and "not being a morning person." As you were told on your last day, it would set a bad precedent if they continued to allow you to get by with things like this. It's bad for morale, overall.

Eventually, they made a management decision to terminate you. Rest assured, HR was not the driver in this. HR does not determine who goes and stays, the production management team does this. HR just does what they are told to do in regard to terminations. They did nothing wrong, nothing in violation of any labor law, nothing in violation of any of your rights in the workplace.

It does not, in this very detailed story of your whole employment there at the company, sound as if you'll have much of a chance to be approved for unemployment benefits, either. But definitely file for them. Can the "they violated my rights" business. The unemployment system is interested only in whether or not they had a valid misconduct reason to terminate you. Their forms will ask specific questions about whether they did or did not provide you with progressive discipline. In other words, what did they tell you on the day they terminated you? What was the reason you were given for that you are no longer going to be working there? Specifically.

Next they will ask something like, "Did you have any prior warnings that your job was in jeopardy?" In other words, did you know that one more episode of "my car broke down" was going to be the straw that broke the camel's back in regard to your employment? Had you been told by HR or management anything that would have made you think that you were about to be terminated for absenteeism? Were there company policies that you were aware of regarding absences? Did you follow these policies? Did the company, to your knowledge follow these policies? These issues are going to determine whether or not you are able to be approved for benefits.

Incidentally, even if you have garage bills and towing bills the unemployment system usually does not consider "my car broke down" as a valid reason to miss work. While illness with medical excuse is pretty much considered a "no fault" situation, cars that break down should happen very rarely, and if you had any idea your job was going to be in serious jeopardy if you didn't get in, they would look at it that you could have hopped on the bus, called a cab, paid your brother, hitchhiked, something to get you to the job on time. Having unreliable transportation is never considered the employer's fault or a good excuse for you to have continual on-going trouble getting to work. Even if it is your personal issue, like child care, it is just that, a personal issue.

If they really like you as much as you feel they do, then you may be able to re-apply for your old job later. But in the meantime, file for unemployment benefits, begin avidly looking for another job, and try to move on.

 

[LdiJ]

I am going to add one more thing. You had 6 years of steady employment. If you could not provide yourself with reliable transportation during those 6 years of constant and steady employment, then you had skewed priorities.

 

[cbg]

I'd have fired you much sooner than they did.

 

[disneykid52]

Buy a new car

 

[OHRoadwarrior]

I am going to add one more thing. You had 6 years of steady employment. If you could not provide yourself with reliable transportation during those 6 years of constant and steady employment, then you had skewed priorities.

I understand where you are coming with this and tend to agree, however, some people have an income low enough they are working without a net.

(not trying to argue the point)