• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Questionable fire date and possible wrongful firing!

  • Thread starter transcriber3113
  • Start date

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

T

transcriber3113

Guest
What is the name of your state? Alabama

My husband was fired on 3/26/04 from his job as a truck driver for a major garbage disposal company. This was a Thursday. Part one of my question is concerning the fact that all the paperwork says the he was fired on Wednesday, 03/25/04. We have insurance papers and unemployment papers stating this. But, we also have the sheet that he had to sign on his exit interview on 03/26/04 with the date clearly shown. They had clearly fired my husband the day earlier and did not have anybody else to come in and drive the route, so they had him to come in and do it. This is illegal, correct? We are fairly sure he was not compensated for the time that he worked on that Thursday either. I know that would not be legal, if it were true.

The second part of my question dealing with the possible wrongful firing. They are attributing his being fired to misconduct due to no service to a customer with prior warnings. As this is so, there is a justifiable reason for him not dumping the customers trash dumpster. The truck that my husband drove was only licensed and tagged in Alabama and the customer was in Florida. The truck needed an apportioned tag in order to go into Florida. My husband continuously informed his direct supervisor of this and nothing was done. If my husband had taken the truck into Florida and was stopped by the police he would have incurred a $500 fine, not the company. Then the company would have said that he should not have taken the truck into Florida without the appropriate tags. So he was in a sort of Catch 22 situation. Do you think he was wrongfully fired? He was also denied his unemployment compensation due to this fact.

Sorry so long, but thank you for any help!
 


cbg

I'm a Northern Girl
To answer your second question first, no, this is not a wrongful termination. That has a very specific meaning legally and what happened to your husband does not meet that definition. A wrongful termination does not mean one that is unfair, unjust, unexpected, based on inaccurate or incomplete information, or even, in most cases, one that violates company policy. In order to qualify as a wrongful termination, it has to have been ILLEGAL to fire him for the reason that they did. It is not illegal to fire someone for lack of service to the customer, no matter how justified the reason. Therefore, by definition, this is not a wrongful termination.

As for the date, there is nothing illegal about either having a clerical error on the paperwork, or postponing the actual termination by 24 hours. IF they failed to pay him for the 26th, he can file a complaint with the state department of labor, but it was NOT illegal to return him to work for one day. Bad management, possibly; illegal no.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top