Missing write-ups as wrongful termination?

[toneman]

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

I have heard that a person can sue a former employer for wrongful termination if their termination violated any written or verbal procedure for termination. Does a write-up policy count? At my job, there is a procedure in place that, every time I am written up, I receive from my supervisor, a notice explaining the reason I am being written up, and made to sign said notice. And on those notices, the is a list of what will happen after further write-ups have been received. It clearly states that I am to receive a total of three write-ups, with termination occurring immediately after the third write-up is received. And, Shortly after I receive the second write-up, I am called into the office and basically told, "Your fired. get out!" and never told the exact reason or receive the third write-up. Can I sue because of this? If I can, how much can I get in terms of a settlement? This company doesn't have a union, nor is any other form of termination policy written anywhere else.

 

[TheGeekess]

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

I have heard that a person can sue a former employer for wrongful termination if their termination violated any written or verbal procedure for termination. Does a write-up policy count? At my job, there is a procedure in place that, every time I am written up, I receive from my supervisor, a notice explaining the reason I am being written up, and made to sign said notice. And on those notices, the is a list of what will happen after further write-ups have been received. It clearly states that I am to receive a total of three write-ups, with termination occurring immediately after the third write-up is received. And, Shortly after I receive the second write-up, I am called into the office and basically told, "Your fired. get out!" and never told the exact reason or receive the third write-up. Can I sue because of this? If I can, how much can I get in terms of a settlement? This company doesn't have a union, nor is any other form of termination policy written anywhere else.

Can you sue? Sure, this is the USA, you can sue anybody for any reason. Will you be successful? Very very doubtful.

 

[Proserpina]

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

I have heard that a person can sue a former employer for wrongful termination if their termination violated any written or verbal procedure for termination. Does a write-up policy count? At my job, there is a procedure in place that, every time I am written up, I receive from my supervisor, a notice explaining the reason I am being written up, and made to sign said notice. And on those notices, the is a list of what will happen after further write-ups have been received. It clearly states that I am to receive a total of three write-ups, with termination occurring immediately after the third write-up is received. And, Shortly after I receive the second write-up, I am called into the office and basically told, "Your fired. get out!" and never told the exact reason or receive the third write-up. Can I sue because of this? If I can, how much can I get in terms of a settlement? This company doesn't have a union, nor is any other form of termination policy written anywhere else.

I believe you're gravely mistaken.

 

[cbg]

You have heard wrongly.

Unless your company's policy is written in such a way as to be legally binding and enforceable (not impossible, but HIGHLY unlikely) your employer is not required to follow their own policies. Disciplinary policies almost always have qualifiers that allow an employer some wiggle room in when they can fire you.

 

[swalsh411]

You are entirely mistaken. The company is not legally bound to follow it's own internal policies unless by not doing so they violate the law.

File for unemployment while you look for a new job.

 

[commentator]

If they cannot show a valid misconduct reason to terminate you, you may be able to qualify for unemployment insurance after your firing. They should have, according to unemployment law in general, made you fully aware that you were in danger of being terminated if you did whatever it was they were writing you up for, and you were given an opportunity to change this behavior, and you didn't. Or you committed gross misconduct, something so bad that whatever it was, you knew better and shouldn't have done it even one time.

But actually, they can fire you if they don't like the color of the socks you wore to work this morning. The only redress you have is in filing for unemployment insurance. Most people believe they have a lot more rights and protections on the job than they do, but yes, you can be fired without the company even following its own disciplinary procedures, just because they want to. And you have no rights except right to file for unemployment benefits while looking for another job.

 

[justin1]

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

I have heard that a person can sue a former employer for wrongful termination if their termination violated any written or verbal procedure for termination. Does a write-up policy count? At my job, there is a procedure in place that, every time I am written up, I receive from my supervisor, a notice explaining the reason I am being written up, and made to sign said notice. And on those notices, the is a list of what will happen after further write-ups have been received. It clearly states that I am to receive a total of three write-ups, with termination occurring immediately after the third write-up is received. And, Shortly after I receive the second write-up, I am called into the office and basically told, "Your fired. get out!" and never told the exact reason or receive the third write-up. Can I sue because of this? If I can, how much can I get in terms of a settlement? This company doesn't have a union, nor is any other form of termination policy written anywhere else.

You may be fired for any reason or may be for no reason. But you cannot fired because of illegal reason like discrimination of your race, color, national origin, gender, religion, age, disability then you should talk to your lawyer right away.
But if reason is not illegal then you can go for contract if you signed one regarding your employment with your employer, you should examine it carefully. If there is any handbook or manuals then you should examine it.

 

[commentator]

Balogney! It is very rare that any hiring agreement out there is considered an employment contract and enables you to sue the employer for wrongful termination if they do not follow the exact spelled out processes in their own handbook or manual. They can terminate you in complete disregard of their own rules, and you might be approved for unemployment benefits, but you will very very very rarely have any kind of wrongful termination suit otherwise.

Wrongful terminations are like reindeer. They do exist( in certain parts of the world more commonly than others) but not a lot of people have encountered them except as a novelty.

 

[EmployeRelation]

Hi there, in my opinion, you can opt for unemployment insurance in case of firing without notice period. You can also go for suing your employer if you are sure for having 3 written ups and they have not provided you the proper reason for firing. Best of luck!

 

[eerelations]

Hi there, in my opinion, you can opt for unemployment insurance in case of firing without notice period. You can also go for suing your employer if you are sure for having 3 written ups and they have not provided you the proper reason for firing. Best of luck!

Stop posting here until you acquire some basic understanding of employment law.

OP, EmployeRelation doesn't know what he's talking about. Ignore this "advice."

 

[commentator]

I love this, it's kind of original, you can "opt" for unemployment insurance. Yeah, cool. Also dead wrong, but a cool idea, none the less. I spent a long time in my life doing reality orientation counseling for people who had listened to advice like this. It's a lot more fun to believe you have all these rights and protections under employment law, but not nearly as nice when you find out how untrue those happy ideas are, how much total power the employer has in almost every situation.