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LLC

Junior Member
I previously worked for a company for 15 years in Ohio and was recruited by an employer here in Georgia to work for them only 11 months ago, (doing the same type of work). I have two questions for you**************.first, I had to sign some type of contract stating that if I were to voluntarily quit before my one year anniversay that I would have to pay the relocation monies that the company reimbursed me for back to the company. Because everything was happening so quickly when my family and I moved, we failed to make a copy of this, I know, pretty foolish! Now, the company will not provide me with a copy of this. Are they not obligated to do so?

And now for the big question**************......I was given a notice on January 13, 2006 that the machine I was operating was having too many errors, (the company listed this as job performance). I also had a 7 man crew working under me working with the machine as well. I was told I had two weeks to bring the numbers down or I would be terminated. Prior to this, I had NEVER had any type of indication, verbal, written, nothing advising me of this. I was also told that since I was having problems with the majority of my crew members, that I could release who I wanted and obtain other employees during this two week period. I was then told 4 days later, that I had to keep the crew members I already had. Also, I have been very openly complaining about my workers for several months**************...they were allowed to miss 6 days a month, they would not show up nor call off for work, and several times they were completely insubordinate refusing to do their job and going to the vehicle and sleeping all night. I was never permitted to discipline these workers. Also, my crew members and I are from a different origin. Was this employer justified in letting me go like this when I had never been told anything until they gave me the two week notice? Especially, compared to their other discipline procedures with the other employees. I also brought in 2 whole years of paperwork from my previous position in Ohio showing that I never had any problems with the machine up there. I just cannot comprehend how this can happen without any prior poor reviews or warnings. Any help you could give me with this situation I would greatly appreciate. Thanks again.
 


cbg

I'm a Northern Girl
Now, the company will not provide me with a copy of this. Are they not obligated to do so?

No. The fact that you failed to keep a copy for yourself is, as you say, foolish and does not create an obligation on their part to correct your foolishness.

Was this employer justified in letting me go like this when I had never been told anything until they gave me the two week notice

Nothing in the law requires them to give you any notice before firing you. Whether or not it was justified is anyone's opinion. But if you are asking whether they violated the law, no, they did not.
 

LLC

Junior Member
mlane58 said:
That was a nice story. Do you have a legal question in there some where?

My question is wasn't this an unjust termination? My wife worked in human resources for 15 years and everything she has showed me indicates that the employer is to maintain consistent records that they have spoken to the employee regarding performance issues, disciplinary actions, etc. Also, the fact that my crew worker's attendance and performance was terrible and I was very open with upper management about this and nothing was ever done to them, couldn't that be considered discriminatory? Also, how I was told I could release all the crew members I didn't want for that two week period so the machine's performance could improve, and then I was not permitted to. I had to keep all of them.

Also, isn't there a law that an employee is entitled to certain paperwork in their personnel file? I believe it could be possible that they won't provide me with a copy of the contract because it states they would have to pay me for the remaining 2 months of employment.

Thanks for your help.
 

Gadfly

Senior Member
Seems like part of your job was to motivate your crew to be there on time and to get top performance out of the machine. Seems like you were unable to do that so you are being replaced.

As for documentation. The real purpose of an HR department is to snow people in paperwork so that if there is ever a challenge filed they can defend the company. HR departments also exist to slow down doing the acutall businesss of the company. FYI YOU should be keeping records to make YOUR case.
 

cbg

I'm a Northern Girl
It may or may not have been an unjust termination. But it was not an illegal termination. You don't get legal recourse because of an unjust termination, only an illegal one.

GA law does not require an employer to give you a copy of anything in your personnel file, or even to see what is in your personnel file if they don't want to.
 

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