Not Unlawful Termination But Something Else? This can't be right..

[FrustratedInDE]

What is the name of your state? Delaware

I've just been "let go" from a 4 year retail position by my supervisor for "a decline in performance" without any previous warning. I realize my situation doesn't count as wrongful termintation because of the state's "free-will" allowance, however..

1. My supervisor has submitted a termination form with falsified dates and information on it - the dates signify that I turned in a two week notice, prior to taking a vaction, which is incorrect.

2. I haven't signed any paperwork concerning this; i.e. the termination notice, prior warnings (which there are none of)

3. I haven't received or signed any written warnings or otherwise prior to termination, despite the company's policy of needing 3 written warnings prior to termination - this is still stated in the employee manuals for the company

4. I notified the corporate office, which confirmed there wasn't any prior paperwork, and was surprised that my supervisor was attempting to terminate me, but does not seem concerned with the fact that the termination form has been falsified - despite my telling them this

5. I was also assured that I would be given my vacation pay. I had taken my paid vacation, and when I returned for my next scheduled work day, my supervisor fired (or not) me. We shall see this pay day whether or not it is so. If not, there's something seriously wrong.

6. Upon my asking about my standing, whether I'd been fired, or whether they consider that I've turned in a two week notice for reference (this is the falsified bit - I never turned a two week in)- the office did not give me a conclusive answer; "Well, it looks like George (supervisor's name) won't be saying anything bad about you."

I now do not know whether I can use my previous employer as a 4+ year reference because;

a. I wasn't terminated in accordance with their own policies
b. My paperwork is comepletely erroneous

It seems to me that falsifying such documents is unlawful, and that the corporate office believes it's just fine to do. I also believe that there is quite a bit wrong with this situation, i.e. the termination policies that have not been followed despite the fact that are still written as to be in use.

So.. I'm confused and pretty annoyed..

 

[cbg]

The fact that the company did not follow their own polices is not unlawful. Unless there is a valid reason to believe that you were fired in violation of either Title VII or public policy, the employer is not required by law to follow their policies; in fact, many if not most employers specifically state that they have the right to modify their policies at any time.

It's up to you whether to use the employer as a reference, but be aware that leaving a four-year gap in your employment history is going to throw up MAJOR red flags to a potential employer, and could even be used to eliminate (or fire) you on the basis of falsification of your application. You would be FAR better off listing the employer and explaining up front what happened so that a prospective employer is not broadsided.