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Was I wrongfully Terminated?? I think so!

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danjou212

Junior Member
What is the name of your state? Ohio
I have been working at a company since September 2005, I had great attendance and was always one step ahead on my job. However, right after I cam back from Christmas and New Years break the work load was really slow, so my boss offered that he would give me other thing to do until the work picked up again. I agreed knowing that I had plenty of holiday bills to pay for as well as rent and other bills. I work on the particular project for 2 days (this was a 36 page document that needed to be retyped) when the next thing I know he tells me he needs in done in 2 more days, because of a learning disability I knew that I would not be able to complete the task on time, so I called my boss up and asked was there anything else that I can work on because I knew that I would not finish on time. He yelled at me and told me my only option was to either do it or clock out and wait for a phone call when the work picked back up. I said ok, but never stating that I would not do the job nor stating that I would wait for a phone call. After I hung up with him I began to have an anxiety attack I could no breath and my chest began to pound while on the phone with my mother, she called my manager and asked her to call 911, she refused! my manager then called me at work and said " If you're that messed up then you need to call 911 yourself!" So I did. after the EMT's worked on me she come over to me and acts like she never knew what was wrong with me saying "Oh sweet heart, why didnt you tell me you weren't feeling good today?", I began to have another attack. I was taken to the hospital and released about 2 hours later. 2 days after that incident I called my boss and asked if it was ok for me to come backed to work. He said No, wait for a phone call and check your mail for a letter. I said ok. so about a week goes by and I receive a letter from my boss that I was terminated for insubordination! I was shocked and horrified. Am I the only one who sees the wrong in this termination?
 


cbg

I'm a Northern Girl
If by wrong, you mean ethically and morally, no, you're not the only one. If by wrong, you mean, illegal, yes, you are. You were not illegally terminated.

None of the following are violations of the law;

1.) Requiring you to have a 36 page document retyped in two days
2.) Refusing to give you another project instead when you said you would not be able to complete the one you were working on
3.) Yelling at you
4.) Firing you for the time you missed while you were at the emergency room - you had not worked for the company long enough to have any protected leave time and the company was under no obligation to provide any medical leave at all.

I don't agree with the way they handled the situation but the facts as you describe them do not meet the legal definition of a wrongful termination.
 

danjou212

Junior Member
Reply

I had been working there long enough as to were I had holiday pay, medical leave of absence and personal leave of absence.. they told me i would be laid off until febuary and 3 days after that they sent me a letter for termination, stating that i refused to do my work when that was not true.
 

cbg

I'm a Northern Girl
But you had not been working there long enough to have medical leave time guaranteed you under the law. Not if you starting working there in September.

Nothing you have posted changes anything in my answer. It doesn't matter what benefits the company chooses to give you; barring a bona fide contract that says otherwise you are not legally guaranteed medical leave until you have worked there for one year, and not always then.
 

danjou212

Junior Member
Reply

I have a signed contract stating that I will have medical leave after 90 days, if they do not hold up their end of the contract then that there in it's self is breaking the law, anything written up in a contract will hold up in the court of law and that is why my Lawyer (and a few other Lawyers) believe I have a great case being:

1) I NEVER refused to do the work.

2) I have a CONTRACT written by them and signed by me regarding my detail of work my benifits and vacation days ect.

3) My boss gave me a CHOICE to either take a lay off or do a different job (even though I did not tell him which one I would do.)

If you believe they can terminate me at anytime for any reason that that is fine, BUT.. they did not and can not terminate me for Insubordination.

I thank you for your opinion but I am following through with my case knowing that JUSTICE will prevail!!!
 

cbg

I'm a Northern Girl
This is the first time you've mentioned a contract. Don't you think that would have been important information for us to know?

We can't give you accurate answers if you withhold information from us.

If you have a contract that this termination violates, show it to a local attorney. You STILL do not have a wrongful termination under the law, but you may have a contract breach - it's not the same thing.
 

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