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suspended with no word if fired

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gleone

Junior Member
What is the name of your state? Florida
My husband has worked for this company for the past 8 months and has been a supervisor for 7 of the eight months. No days were taken off, received many raises based on his work. The last raise given to him was last week of $25/wk more going back 6 months. A check was received for 6 months of back raise minus taxes.

As a supervisor he has to work 45 hours a week and he is not paid by the hour, he does not have to clock in. He is pushed to work longer hours and comments are made if he tries to leave work after he works a 9 ½ hour day. Comment like, you are leaving already or wow I wish I had your hours. After the comment is made and one always is made he is then told to do some kind of task before he leaves that will keep him working another hour or more. If a comment is not made he is told, stay here 5 minutes until I get back and the manager does not return for over an hour. The manager does this because he knows that the department can not be left alone and my husband can not leave until he returns. Even if he wants to go to lunch a comment is made about it as if he has no right to eat after he already worked 6 hours or more.

When he took the job he was upfront and told them he was enrolled in collage and classes would resume on May 2, 05. They told him they will work with him and his school schedule. He also told them that he has to have Fridays and Sundays off due to a court order for him to drop off and pick up his kids for child visitation every Friday and Sunday. They knew about this from the start and told him it was not a problem.

When collage resumed on May 2, 05 he was switched to be a supervisor in another department because that department is open 24/7. He gets out of collage at 1 PM and was to start work at 2 PM to 11:30 PM however, he always had to work past his hours due to the comments and being left there until someone was there to take over. At times he got home at 1:30 AM.

Everything was going well until last week when his new manager told him he had to change his days off and now work on Sundays. When he said he could not do so because of his court order for visitation and commitment to meet his ex wife ½ way to pick up and drop off his kids his manager then got angry with him and said, I am here 12 years and it is either me or you. I am not changing my days off so it has to be you.
My husband knew he could not do it either and said again that he has a court order and has to follow it and the manager walked away.

He was off the next day and returned to work on Saturday at 2 PM. He spoke to another manager from another department and asked him to see if he could talk to this manager about this issue. There are other supervisors in this department and he felt he was being pushed into choosing between his court order and his job so he thought maybe if his old manager talked to his new one something can be worked out.
His old manager told him he would talk to Dan.

Later on his old manager told my husband that Dan is not changing his mind so he better figure out a way to work on Sundays. He got upset and said F*uck Dan in the conversation with his old manager but didn’t even think it was heard because the manager was driving away and it was not said in a high tone.

When he returned to his department his manager (Dan) walked over and said, well are you working on Sundays or not? My husband said he can’t and also suggested a few ideas on how to fix this problem. The manager got angry and because of the suggestions he made and said; now you are pissing me off. He then told my husband, Glen told me you said F*uck Dan to him.
My husband was shocked that it got turned into something like this and apologized to Dan for saying it. After he apologized the manager said, I want you to go home and he was sent home 2 hours early. He also said; think about if you are working Sundays or not. If not you can not stay in this department.

He returned to work the next day and did what he was always told to do if there was a problem he needs to follow the chain of command.
The chain of command is where he has to go to his manager first then if the issue is not settled he has to go to his manager’s manager about the problem and that is what he did.

The conversation with the manager’s manager was going in my husbands favor and he was told he will make sure he keeps his day off on Sundays. My husband wanted to be 100% honest and then talked about this problem where he said F*ck Dan to one person who ran to Dan and told him. He included that he apologized to Dan in person. After he told this to him he was then told he was suspended until further notice.

It has been 5 days and still no word on if he is fired or not. He did receive 1 phone call from someone to take a statement on what happened and she typed what he was telling her during this call.
He stated to her that he felt it would be fair to have him; Dan and Glen get together and make the report so nothing is misunderstood on what happened.
She told him, why do you have something to hide? Did you do anything like wave your hands or cause harm to anyone?
He said no way, I was not even sure Glen heard me when I said F*ck Dan because he was driving away and I had my back to him.
She said, well he did hear you didn't he.
I guess so he said, then he told her that he apologized to Dan for saying this to Glen on the same day it happened.
She said she was done taking his statement and hung up the phone.

He called yesterday and spoke to the person who suspended him to ask for his status on this suspension and was told, I can not talk to you until this report is over.
Don’t call me, someone will contact you to let you know your status and he hung up without telling him if he has a job or not.

Is any of this legal?
Can someone be suspended for saying F*ck Him to one person in a conversation about another person with no words of causing any harm in any way and loose their job for it?

This is a very big company and they have an in-house lawyer that makes sure no one gets unemployment if they are fired and also makes sure no one receives workman’s comp if they get hurt.
Will this issue prevent my husband from receiving unemployment if he is fired?

I also would like to include that he was reviewed a few weeks ago and received an outstanding review based on his work performance and that is why he was given the raise he received a week before this happened. He has no write-ups on his record where other supervisors have many just for being 5 minutes late.

With a family of 5 kids living with us we can not be left on hold with no income from him. He takes home about $700 a week after taxes and I can not support this family alone. He is not suspended with pay and they are taking their time letting him know if he is going back to work or fired.
Is it legal to not inform him of his status and keep us on hold without a pay check or does he have some rights in this matter?
 
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cbg

I'm a Northern Girl
Paragraphs are your friend. That single block of text is too difficult to read. Break it into paragraphs and I'll answer your question, but I can't follow it as it stands.
 

gleone

Junior Member
Update, Fired For Disrespecting A Manager

State Of Florida

He received a call yesterday saying he is fired for disrespecting a manager.

Can they use this excuse if he never disrespected this manager in person and only said F*ck him (the manager) to another person in a conversation between him and this other person who then went back and told the manager this was said?

Can they use this excuse of firing him for disrespecting a manager if he said F*ck him (the manager) to another person and not the manager himself and also apologized to the manager in person for saying this to this other person not long after it was said?

He does not want his job back at this point because he feels he was wrongfully fired and him being disrespectful to this manager is just an excuse to clean house of all the higher paying supervisors as another one is now also on suspension for no real good reason but he also does not want this on his personal record.

He is currently in collage for radiology and when he does finish and apply for a hospital job they will need all of his work history as reference. He does not want them to make him look bad and say he was fired for disrespecting a manager when he never even said anything to this manager directly. This manager was the disrespectful one directly to him as he was yelling in my husbands face for not wanting to change his day off on Sundays because of his commitment to child visitation on Sundays.

Can he demand to see this full report that was taken and what was said by the other two parties involved to see if anything was stated that really did not happen?
If this is going to be on his record with this company and used against him if anyone calls to ask about his work history there does he have any right to know what this full report shows?

Does this mean that he will not be denied unemployment because they are using the excuse of disrespecting a manager?
 

Beth3

Senior Member
Can they use this excuse if he never disrespected this manager in person and only said F*ck him (the manager) to another person in a conversation between him and this other person who then went back and told the manager this was said? Of course. Saying something disrespectful behind the manager's back is just as imappropriate as saying it directly to him.

He does not want his job back at this point because he feels he was wrongfully fired and him being disrespectful to this manager is just an excuse to clean house of all the higher paying supervisors as another one is now also on suspension for no real good reason but he also does not want this on his personal record. (a) He was not wrongfully fired. (b) You may view their decision to term him for what he said as an excuse but in reality, it's a valid reason. Your husband does not get to decide what information goes into his personnel file.

He is currently in collage for radiology and when he does finish and apply for a hospital job they will need all of his work history as reference. He does not want them to make him look bad and say he was fired for disrespecting a manager when he never even said anything to this manager directly. This manager was the disrespectful one directly to him as he was yelling in my husbands face for not wanting to change his day off on Sundays because of his commitment to child visitation on Sundays. But your husband's boss never said "f**k you" to your husband, did he.

Can he demand to see this full report that was taken and what was said by the other two parties involved to see if anything was stated that really did not happen? Demand? No. Ask politely? Yes. His employer has no obligation to show your husband their investigatory notes and I very much doubt they will. Why would they?

If this is going to be on his record with this company and used against him if anyone calls to ask about his work history there does he have any right to know what this full report shows? Used against him? Your husband was insubordinate. The employer is free to share the reason for your husband's termination if contacted for a reference. No, he has no right to know what the report shows and Florida reg's do not require employers to allow employees to see their personnel files.

Does this mean that he will not be denied unemployment because they are using the excuse of disrespecting a manager? Why do you keep insisting the incident was an "excuse" to fire him? Your husband handed the employer a valid reason to term him on a silver platter. Whether the State will grant UC benefits depends upon whether they will conclude his behavior constituted willful misconduct. Chances are they will.
 

cbg

I'm a Northern Girl
BTW, a court order is binding on your husband. It is not binding on his employer. The fact that your husband has a court order requiring him to pick up the kids on Fridays and Sundays does not mean your husband's employer is required to give him those days off. It is the responsibility of your husband - NOT his employer - to find a way to make it work.
 

gleone

Junior Member
cbg said:
BTW, a court order is binding on your husband. It is not binding on his employer. The fact that your husband has a court order requiring him to pick up the kids on Fridays and Sundays does not mean your husband's employer is required to give him those days off. It is the responsibility of your husband - NOT his employer - to find a way to make it work.
I guess you didn't bother to read everything because I clearly stated that they knew from day one and agreed too from day one that my husband will have Sundays off so he can continue seeing his kids and follow the court order that states he is to drop off and pick up his kids on Sundays.

Not once did I say the employer was required, I stated they knew about it and hired him agreeing to allow him to have Sundays off.

To be honest, I will not be posting on this so called free advice board because I see nothing more then replies that are so out of line. I did not expect everyone to agree with me but I did expect the post to be fully read and then a comment is to be made.

I feel me saying he was wrongfully fired stands in the case because the manager got up in my husbands face a few times and he kept his cool about it. Yelling in someone's face and demanding someone to change their days off or else when he was hired to allow him to have Sundays off is out of line. His manager was the one being disrespectful and being disrespectful should not go only in one direction where they blame the employee only. The manager got nose to nose with my husband yelling in his face not once, not twice but three times in 2 days and because my husband said to another person in a private conversation between them, F*ck Dan (his manager) because he was angry from this man getting up in his face, he was fired for being disrespectful. He was wrong to say it but if the manager had not got in his face 3 times it would never had been said to begin with. The manager has his job and nothing on his record says he disrespected anyone where my husband got fired and is told he was being disrespectful.

I really would like to post a few words here about the few judgmental replies favoring the employer in my post but I will not lower myself and show disrespect. However, I will state this, if you are going to have this board and not going to read everything that is being said then you should not reply at all.

PS: A real lawyer was contacted today and he agrees that the firing of my husband was out of line for the excuse they used to fire him because of his outstanding work history, not one day off or one day late, never showed any signs of disrespect to anyone and the manager provoked my husband to say what he did out of anger. Bottom line, he was fired for the wrong reason.

Enough said.
 

cbg

I'm a Northern Girl
Whether they knew about the court order when he was hired is immaterial. Even if they agreed to it initially, they have no legal obligation to continue to allow him to have those days off. Ask your "real lawyer" if I'm not correct about that. Unless he has a bona fide, enforceable contract that guaranteed him those days off, they can change the terms of his employment any time they choose.

I notice that your "real lawyer" didn't tell you that the termination was illegal, only that it was for the wrong reason. That might get him unemployment benefits. It won't get him a lawsuit.
 

gleone

Junior Member
Beth3 said:
Can they use this excuse if he never disrespected this manager in person and only said F*ck him (the manager) to another person in a conversation between him and this other person who then went back and told the manager this was said? Of course. Saying something disrespectful behind the manager's back is just as imappropriate as saying it directly to him.

But the manager getting in my husbands face yelling 3 times because my husband said this to someone is not disrespectful? Read the whole post before a comment is made.

He does not want his job back at this point because he feels he was wrongfully fired and him being disrespectful to this manager is just an excuse to clean house of all the higher paying supervisors as another one is now also on suspension for no real good reason but he also does not want this on his personal record. (a) He was not wrongfully fired. (b) You may view their decision to term him for what he said as an excuse but in reality, it's a valid reason. Your husband does not get to decide what information goes into his personnel file.

Again read the post, the manager was the first to show any disrespect to my husband and yes my husband was wrong but he did apologize to this manager for saying this and that is more then what he got in return for the manager getting in his face yelling.

He is currently in collage for radiology and when he does finish and apply for a hospital job they will need all of his work history as reference. He does not want them to make him look bad and say he was fired for disrespecting a manager when he never even said anything to this manager directly. This manager was the disrespectful one directly to him as he was yelling in my husbands face for not wanting to change his day off on Sundays because of his commitment to child visitation on Sundays. But your husband's boss never said "f**k you" to your husband, did he.

No he didn't say F8ck you, he just got in my husbands face yelling and 3 times and told him he is pissing him off then sent him home early. All because my me wanted my husband to work the day off he was told he would not have to when he was hired. READ READ READ before the comment.

Can he demand to see this full report that was taken and what was said by the other two parties involved to see if anything was stated that really did not happen? Demand? No. Ask politely? Yes. His employer has no obligation to show your husband their investigatory notes and I very much doubt they will. Why would they?

Why not? why does the person who started it all get to make a report and my husband not know what was said? Does that seem fair when the manager was the person who caused the whole thing to begin with? Again read before the comments.

If this is going to be on his record with this company and used against him if anyone calls to ask about his work history there does he have any right to know what this full report shows? Used against him? Your husband was insubordinate. The employer is free to share the reason for your husband's termination if contacted for a reference. No, he has no right to know what the report shows and Florida reg's do not require employers to allow employees to see their personnel files.

Does this mean that he will not be denied unemployment because they are using the excuse of disrespecting a manager? Why do you keep insisting the incident was an "excuse" to fire him? Your husband handed the employer a valid reason to term him on a silver platter. Whether the State will grant UC benefits depends upon whether they will conclude his behavior constituted willful misconduct. Chances are they will.
Chances are you do not know what you are talking about. One sides comments is all I see from this board and the side is always the employers side.
 

cbg

I'm a Northern Girl
Fine. Then ask your "real lawyer" for the statute number or the name of the case law that gives your husband a lawsuit, and come back and post it here. I'll wait.
 

Beth3

Senior Member
Chances are you do not know what you are talking about. Chances are I do. You are entirely missing the point. Your husband was insubordinate and they fired him. I don't care how many times the manager yelled at your husband or who initiated the final conflict, this was not a wrongful termination.

One sides comments is all I see from this board and the side is always the employers side. No, you're being advised on what the law requires.

But please feel free to see an attorney and pay for the same advice I gave you.
 

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