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non union wrongful termination

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tamara1k

Guest
What is the name of your state?Indiana




On Saturday June 29 2002 in the last 5 minutes of my shift I became involved in a verbal argument with a male co worker named Chris .
He expressed an opinion that he was upset that he did not receive a promotion earlier in the week and that my fiancee J was selected,
He became angry calling me a bitch and ranting and raving,I felt intimated by his actions,He was extremely close to me (within inches) I reached my hand outward and pushed him away from my face and walked away,I went to the time clock and clocked out met my fiancee and told him of the incident
When we together left the building Chris was already outside near the employee exit doors that lead to the parking lot
As we attempted to get into our car and leave Chris jumped my fiancee from behind and punched him,Causing both to fall to the pavement,
Eventually they separated and we were able to get into our car and leave the area
We called back to work after we arrived home and reported the incident .

On Sunday June 30th we talked to our acting foreman Cory
who is normally not in that position he is normally a pressman
But our foreman was on vacation and his assistant was having a day off that day

We told our acting foreman of the incident and he had us write down everything about the incident in the parking lot,We did as did Chris
Several others who witnessed the incident also came forward to say that J did not start this fight and that J did not once hit Chris during the fight

After giving our written statement to Cory he then called Mike
The printing department manager at home on Sunday June 30 to inform him of the situation
Mike in turn handed it to over to the Human Resources Department

On Monday July 1 we were called into the office of Lori in the Human Resources
At that time we gave her a statement of what had occurred in the parking lot

I was sent back to my department to work after speaking with Lori
In 20-25 minutes I was called back to her office where I was given a 3 day suspension
Because according to her I broke company policy by placing my hands on another employee
Referring to the push I had given Chris ,
At that time she asked me why I did not inform her of that incident ,I told her that I felt I did what anyone would have done when someone who larger than you is screaming and cursing at you,At least 2 other co workers saw that incident and stood by and did nothing to protect me so I felt I need to protect myself to get away from the situation
Those 2 co workers Clint and Brian reported the incident to Lori
on behalf of Chris

At the same time my fiancee was given a 3 day suspension for his involvement in the fight after work
Even though he was attacked from behind and did not fight back.

On July 2 2002 Jeremy was called at home by Mr N head of Human Resources and informed that he was terminated
He was told by Mr N we were entitled to a final review on July 3 at 9 and 915 AM
I called Mr N back in minutes to find what my job status was and also was told I was terminated


What I find so odd is that we were both fired for incidents that others employed were not fired for
Several other co workers who have gotten in physical confrontations at work and on the clock were not terminated, Over the years there have been several incidents of fights between co workers
Many are still employed ,Including 1 employee who in 2 separate incidents was given a 3 day suspension in 5 years for hitting another co worker and yet he is still employed today

We were off the clock attempting to leave and Chris was waiting for us with a few of his friends standing beside him
We did not seek him out or expect to find him waiting for us
We both knew he was upset at not getting the promotion and he made it clear he was not happy that J got the job instead.

J is a two year employee with a clean record, absent of any write ups or warnings
I was given a write up in the last year concerning my attendance record
We were both given a good work review by foreman in June 2002
Company policy is normally a VERBAL WARNING,A WRIITEN WARNING A 2ND WRITTEN WARNING,3 DAY SUSPENSION and then TERMINATION

I am not sure why chose to terminate us when in the past they have given other employee's a 3 day suspension and that was all,
I am not clear why I was given a 3 day suspension and then fired for simply pushing Chris away from me during a argument he started.I did not use any type of physical force with Chris it was a simple push to remove him from being so close to me and that I could take the chance to walk away from him

I am not sure why we were treated differently than other employees
I suspect it may have something to do with the fact that we are engaged and live together
And I am a woman and I believe I am not being treated equally to my male coworkers


I also suspect that my sister who was recently fired Jan 16 2002 and filed a sexual harassment complaint
Against the company "B" with the EEOC might also be a factor in the quick decision to terminate us both

I know that her case was settled about 1 week before we were fired and I know she was telling the truth
But I could not do anything in her defense since I was not a eye witness to her harassment
Although I lived with her at our parents home and I discussed what was happening to her
I could do nothing to help her in anyway,We both kept our distance from the issue regarding her complaint

But its common knowledge at "B" by everyone that she and I are sisters even though we have a different last name because she is now married .Its also common knowledge that she filed a complaint,
Apparently it was company gossip most people believed her but were not willing to risk their employment
I tried to stay clear of the rumors ,many times I was ask about it and I am sure whatever opinion I expressed one way or the other was also spread thru out the employee grapevine

I believe Mr N had made up his mind about my termination as a result of his dealings with my sister.And Mr G as well rush to judgement as he was also her case reviewer.

By firing me I suspect that J was also terminated in order to make this situation look fair
To give the air of company fairness to other co workers

Mr N made it clear that we were terminated without giving us a chance to explain
Mr N informed me and J of our termination by telephone which I believe is also not company policy on the 2nd day of our 3 day suspension
Mr N also stated we could not bring legal counsel and if we choose to we would be fired immeadiately without a review
Its clear to us that Mr N made his decision very quickly without ever speaking a single word to either of us.I am not sure why he arrived at that decision so quickly but I feel it may be connected to actions
Taken by my sister since he was directly involved in her firing and her complaint against the company.
If that is not the case then I cannot explain why Mr N fired us after 2 days of a 3 day suspension
Without so much as a single word spoken between us
Other employees were given 3 days and still kept their jobs,
Even employees whose personnel files include other offenses unlike J which is clean as well as we both were off the clock and attempting to leave company property when this incident occurred



Before our final review on July 3 rd we asked to speak to Mr F the VP & Plant Manager
We met with Mr F at 8:30 AM July 3 2002
Basically Mr F also stood by company policy
We then went to our final review with Mr G and another employee acting as a our manager reviewers
In that meeting we were accompanied by another employee SG
who we know thru work and not socially and who was involved in a physical altercation 1 year ago and he was given the 3 day suspension and is still employed at "B".
SG simply stated like us he did not start his altercation and was defending himself and
That although he did not witness our altercation he felt they were similar in nature and felt that we be given the same treatment as he and be allowed to return to our jobs.
I might also add that KG another employee witness the entire incident on June 29th and was willing to help if needed.
We then went to our review where Mr G discussed and reviewed our case
His demeanor from the start led us to believe that he was not willing to listen
Mr G's first words to me were I have never met you before but heard a lot about you,I am not sure what that meant.
SG was first told he was not allowed to speak on our behalf
but then allowed him to speak, SG cited several incidents he was aware of where employees
had been involved in situations similar to ours and some that were more serious and yet not once in any of those incidents was anyone fired.
He pointed out that another employee was still working after 2 physical altercations on the clock in the facility in five years he has had many second chances, That employee started a altercation in 1995 and he was given a 3 day lay off and in 2000 he again attacked another employee and yet again while on the clock and on company property ,He was given a 3 day lay off and today he is still employed


In fact several weeks earlier another male co worker A J came from behind me and slapped me on my back informing me of my break,At that I told him it hurt and he said he was sorry
Another co worker unknown to me wrote a note to Mr N about the incident and I was called to his office with my foreman and we discussed the note and I stated I did not write it ,He asked me was I ok and that was all that was done,I did not press the matter and foreman stated he would have a talk with A J about the incident but he did nothing.
There was no information in my personnel file about this incident and the note is also not in my file.
 


M

mlyn81

Guest
I don't know anything about your company's policies, but I do know that your fiancee should have gone to the police about having been assaulted. That is illegal in any state. Also, your company should have policies to prevent workers from threatening and assaulting its employees. You were correct to report this to your supervisor. Management did not handle your situation correctly, and I think they were wrong if they fired you and didn't fire Chris.
 

Beth3

Senior Member
The situation you describe appears to be unfair but that does not make it a wrongful termination. Assuming all the facts you describe are completely accurate, I'd certainly have term'd the guy who was the aggressor and possibly disciplined you and your fiance but that wasn't my call to make. The employer's discharging both of you was their option.

As far as your theory that you and J were fired in retalliation for the EEOC complaint your sister filed, that connection is a rather difficult to make. You say you had no part whatsoever in any aspect of your situation, a number of management people would have had to collude in discharging you for this reason, and it would be such an indirect way of retalliating against your sister if that's what the company wanted to do that it doesn't make a whole lot of sense.

As there sadly have been several more nationally publicized incidents of deaths in the workplace due to employee violence in the last several years, it seems more logical to assume that your employer has adoped a zero tolerance policy towards violence in the workplace or their investigation as to what took place resulted in a different version of the incidents than you describe.

Of course if you do really feel this was gender discrimination or retalliation due to your sister's complaint, then you should contact the EEOC.
 

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