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Possible harassment/wrongful termination?

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S

sombster

Guest
What is the name of your state? Texas

Here's my situation (it's quite long, but I'll summarize). I've been employed with the same company for close to five(5) years now. I'm currently on medical leave, and have been out for close to three(3) weeks now.

On June 1, 2004, I had a summons to report to Jury Duty. I appeared as directed. We were there for several hours, at which point, we were told we were being dismissed; however, on the way out of the courtroom, someone within the courtroom shouted out to us that we were to return the next morning at 9AM. Several other prospective jurors began grumling and complaining that we'd have to return. I gave no second thought to this, and left.

I contacted my work and let them know that I would be out June 02. On June 02, I arrived at court, as I believed I was to have done, and I was told that the case had been cancelled the day before (June 01). Nobody had receieved notification that it had been cancelled - in fact I ran into three (3) other people who were on our panel, who were leaving, and rather upset at having had wasted their morning for nothing.

Nonetheless, I went inside and confirmed myself that I was not to be there. I was told that was correct. I asked for documentation to show that I had in fact shown up, and I was given a generic (they print up 1000's of their form letter stating _______ was at jury duty on ___ day, etc) form to take to my work.

On June 03, I presented this document to my employer, and it was forwarded to the correct individuals in Human Resources. During this time, I was not on leave, and working; however on June 15, I began my medical leave. When I received my paycheck for that period, it reflected pay for what I believed to be one day of Jury Duty (my employer has always paid, at least in the past, 8 hours of pay for each day of work missed for Jury Duty).

I assumed that since I was out for two (2) days that I should have had 16 hours paid as Jury Duty. I contacted Human Resources, and inquired as to whether or not I had been paid for both days. I was told that I should have been paid for 10 hours (I work a 5 hour shift; so 2 days times 5 hours, would have been 10 hours owed). I was told by another person that I should have been paid the 16 hours as is normal practice, and I was told by another individual that I was paid correctly (that part time employees are paid @ 4 hours per day of Jury Duty, which would equal 2 days times 4 hours, total of 8 hours, as I was paid).

This is where the supposid 'red flag' went up -- I was told that documentation for June 02 had not been provided and that I needed to provide it. I stated that I had in fact provided it on June 03, and that I no longer posessed the original copy. I stated that I did have a photocopy, which I maintained for my own records (I'm just nitpicky like that and I keep copies of everything that relates to work, etcetra).

Nonetheless, I was told that bringing in the photocopy would be sufficent. I did this on June 28. I was told to wait a few days, and then follow-up. On June 30, I called to follow-up, and ended up getting voicemail. I left a message asking to be called back when they determined if the hours were paid correctly or not.

A few hours later, I got a call from HR administration telling me to come in for a meeting. I attempted to ask what it was about, and I was basically told that it would be discussed when I got there. Mind you, I'm on medical leave right now as it is, and yet, I'm going in to deal with something that happened at the beginning of the month, on my own time.

I went in, and was bombared as to why I did not provide an original document stating that I was in court on June 02. I stated that I did in fact provide that on June 03. I was told that the paper was not receieved. I was then told that I was in fact paid for both days, at four(4) hours per day, making a total of eight(8) hours.

I was then told, that they (HR) contacted the court, to verify if I was in fact in Jury Duty on June 02. The courts stated that I was in court on June 01, and that I was listed as dismissed on June 01. HR stated they had a document stating that I was in court, and dismissed on June 02; the court said they could not verify this, so my employer now has the belief that I was in fact not in court on June 02.

I did in fact appear at the courthouse on June 02 (as stated earlier, myself, as well as several other jurors were under the impresion we had to return June 02) - three other individuals who were on my panel, were there on June 02, and all were very unhappy to learn that the case had been cancelled the evening of June 01 (when we had already all been gone).

(Sorry for the length of all of this, I just want to get it all out so I can get the best advice possible).

I was told by HR that I needed to contact the court administrator, and obtain proof that I was in court on June 02. I contacted that party today, July 01, and she told me that pretty much I made a mistake in assuming I was supposed to return on June 02, but that if I had a document issued by that court, stating that I was in fact there (that I at least showed up), that she would let my employer know that the absence was valid. I took her the photocopy that I have, stating I was there June 02, and she verified that it in fact was legitimate. She stated that it probably should not have been given to me by her staff, but that since it was, and since it was an official document that could only have been obtained by being there on that day, that it was ok.

I contacted HR after leaving the court. I spoke to the same woman who had called me in on June 30. I explained to her that I spoke to the court administrator and told her what she told me. She then proceed to all but jump down my throat asking me 'Did a court appointed representative tell YOU to return on June 02' -- the honest answer to that, is no. I am not lying here, but at the same token, I do recall that someone did poke their head out of the courtroom and state something to jurors who were barely walking out, and the next thing I heard was 'great, we have to come back tomorrow' - Based on that, I returned on June 02, I actually went to the court house. I was in fact there; why would I go to the trouble of actually showing up if I KNEW I didn't have to (I did not know that I did not have to; I was still under the impression that I did).

My employer has basically told me that my job depends on what the courts tell them. The courts have told them the paper is legitimate, yet my employer will not accept that. They expect me to go in tomorrow for another meeting which will 'seal my fate' so to speak. I feel as if I'm being harassed on some level because I'm on medical leave, but more than that, I feel as though they're trying to terminate me for a god's honest mistake.

I attempted to make ammends, and told them if it was such a big deal, to dock me the four hours, and ammend June 02 to be an absence - I mean, I made the mistake in honest faith, not with an attempt to obtain pay for a day I wasn't there. The bottom line is that I was under the strongest of impressions that I was to report to court again on June 02. I did in fact report, I do in fact have documentation stating the fact.

I asked them today at work what the prognosis was, and it's like they want to keep giving me the run around. Since this all started, I have not slept too well - considering five years of my life and my work are on the line. I have an excellent record with the company, and I have never lied to them before.

I feel that someone lost the original paperwork, and did not want to fess up to it. I also feel that since I was in fact paid for June 02, that at some point, they HAD to have had the document in hand (many companies won't pay you based on 'I was there' type statements) - I even asked about that "Why was I paid for June 02, if all along there was no documentation" - I was given no answer.

Please.. can someone offer me some advice? Do I have a leg to stand on? As I see it, if they plan to fire me; what can they fire me for? Stupidity? Making an honest mistake? Are they just threatening me, in the hopes that I'll loose my cool and quit? What should I say to them tomorrow IF they try to fire me? What should I say if they tell me 'its all okay now' (this has caused me much frustation, and sure isn't helping the condition in which I'm currently out on medical leave FOR).

Anyhow, I hope someone took the time to read my long rant, and can help me out. I appreciate it.
 


JETX

Senior Member
"As I see it, if they plan to fire me; what can they fire me for?"
*** Simply, they can terminate you for anything.... or for nothing. Texas is an 'at will' state (as are virtually all states) and the employer needs no reason at all to terminate you..... as long as it was not done due to any 'protected' status (race, age, disability, etc.).

With that fact, all of your other concerns (what you say, what they do, etc.) area simply.... not relevant. They can do what they want.... and you can quit if you want.
 
S

sombster

Guest
I understand what you're saying - however, if they claimed they were firing me just because I made a mistake (even though they themselves made a mistake), wouldn't that afford me the ability to pursuit the issue either in court, or via the workforce comission?
I mean in all reality here, I've done nothing wrong (of course I see things one way, they're going to see things another way), but realisticlly, wouldn't they need some type of REASON (so as to not leave themselves open to lawsuit and unemployment claims)?
 

JETX

Senior Member
sombster said:
I understand what you're saying - however, if they claimed they were firing me just because I made a mistake (even though they themselves made a mistake), wouldn't that afford me the ability to pursuit the issue either in court, or via the workforce comission?
Pursue what???
*** They have NO legal obligation to employ you, so no court will force them to. And the workforce commission won't touch your personal termination issue as long as it was NOT done in violation.

I mean in all reality here, I've done nothing wrong (of course I see things one way, they're going to see things another way), but realisticlly, wouldn't they need some type of REASON (so as to not leave themselves open to lawsuit and unemployment claims)?
*** Nope. And your post shows where you are confused. The unemployment claim (and Workforce Commission) are a completely separate issue to your termination claims.

If they want to, they can simply terminate your employment. You can then file for unemployment compensation. The employer can then agree or challenge your application. If they do challenge, it would likely be a 'termination with clause' (which means that they feel they had a valid reason to terminate you), in which case your application would probably be denied. Of course, you can then request a hearing be held where the commission will hear the issues and decide whether you qualify for Unemployment Compensation or not.
Realize that NONE of this process will force the employer to return you to your job.
 

Beth3

Senior Member
I understand what you're saying - however, if they claimed they were firing me just because I made a mistake (even though they themselves made a mistake), wouldn't that afford me the ability to pursuit the issue either in court, or via the workforce comission? Nope.

I mean in all reality here, I've done nothing wrong (of course I see things one way, they're going to see things another way), but realisticlly, wouldn't they need some type of REASON (so as to not leave themselves open to lawsuit and unemployment claims)? No law requires them to have a reason to fire you, however they do have one. It's just not one you agree with.
 
S

sombster

Guest
Beth3 said:
I understand what you're saying - however, if they claimed they were firing me just because I made a mistake (even though they themselves made a mistake), wouldn't that afford me the ability to pursuit the issue either in court, or via the workforce comission? Nope.

I mean in all reality here, I've done nothing wrong (of course I see things one way, they're going to see things another way), but realisticlly, wouldn't they need some type of REASON (so as to not leave themselves open to lawsuit and unemployment claims)? No law requires them to have a reason to fire you, however they do have one. It's just not one you agree with.
Wow- I assumed I had a leg to stand on in a manner of speaking, but since I'm no lawyer, nor very well versed on employment laws, I figured submitting my issue here would offer me some constructive advice; but it seems I'm completely off base here. I believe that I did all that I was required to do, to meet the requirements of my employer (they lost paperwork, they paid for the day) - and me, I've jumped through every hoop they've thrown at me to make it right.

May I ask what reason (other than 'because they can') it would be for them to terminate me, considering I've done all they've asked me to do, and it's still not sufficent? I'm not trying to be nieve here, but gee, everyone here seems to make the issue more than it is.
 

cbg

I'm a Northern Girl
I don't think you're getting it. They don't need a reason to fire you. They can legally fire you because they don't like the way you part your hair. They can legally fire you because you like the Red Sox and your boss is a Yankees fan. They can fire you because your boss doesn't like you. They can legally fire you for any reason except one specifically prohibited by law.
 

JETX

Senior Member
Heck, they can even fire you if they feel you are too argumentative or refuse to understand basic 'at will employment' facts.
 

JETX

Senior Member
HomeGuru said:
They do not need a reason to fire you as the previous posters have mentioned.
Is there an echo in here??? Or are you just trying to bump up your post counter again??? :rolleyes:
 

HomeGuru

Senior Member
JETX said:
Is there an echo in here??? Or are you just trying to bump up your post counter again??? :rolleyes:
**A: nope, it appears that the writer just does not get it. Hence my echo.
I do not keep track of post counts Heck tell the FA web guy to take 20,000 posts from me and add it to your count. Free.
 
S

sombster

Guest
HomeGuru said:
**A: nope, it appears that the writer just does not get it. Hence my echo.
I do not keep track of post counts Heck tell the FA web guy to take 20,000 posts from me and add it to your count. Free.

I get it perfectly, it just appears based on the larger volume of posts here, that nobody has anything positive to say to support anyone in their efforts. Either the original poster (as I've read in many posts) doesn't get it (which seems to be a common response to many here), or blatantly get's slammed with a 'how dare you even think you have any rights' type of response.

That's perfectly fine, I suppose; but god forbid someone post anything that's at least some type of possibility for one's defense, but as you've all so bluntly told me, I'm an at-will person, and as such, I guess I can just get fired, even under the premise that I was told (yeah, people can tell someone anything) that as long as I handled the issues with the court, in regards to the validity of my jury paperwork, that everything would be fine -- and now, two days later, I'm still being strung along -- but hey, I'm sure you're all just the wisest bunch on the planet, now aren't you.

(Forgive my attitude, but it just seems there's more negative criticism going on here, as opposed to positive) - great way to welcome new members.
 

HomeGuru

Senior Member
Welcome new member. And remember the old saying in medieval times "fire at will".
That also applies to your situation.
 
S

sombster

Guest
HomeGuru said:
Welcome new member. And remember the old saying in medieval times "fire at will".
That also applies to your situation.

I get what everyone's saying. Like I said, I'm sorry, it's just I'm so damn frustrated with these people. They tell me to do this to fix the situation, and I do it, then it's not good enough. Then they tell me to do that to fix the situation, and I do that, and that's not good enough. To top it off, I'm out on medical leave and missing appointments because at this point, keeping my job is my priority, versus going to my appointments. Like I said in my original post, I just get the odd feeling that alot of this is stemming from the fact I'm on medical leave (could be the case, could not be the case) - but the bottom line is, I've jumped through all of their 'do this to be safe, do that to be safe' hoops, and they keep throwing more up - there has to be some logical point where that type of thing becomes harassment (at least I'm venturing to guess).
 

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