Terminated without documentation

[iSaint]

What is the name of your state? Mississippi

I was terminated without notice or severance at the beginning of the week. While there was tension in the office (a small business with one on-site owner who runs the day-to-day), there was no documentation nor any meetings prior to my dismissal to discuss any supposed shortcomings on my part.

The Friday prior, I had to run an errand, and attempted to contact the owner via cell phone several times. I finally put a note on the door (I was alone) stating that "we would be back by 1:30." I returned at exactly 1:30. One of the off-site owners had given me permission in prior instances to lock the doors for a few minutes in the event it was necessary while I was alone in the office. No policy manual or job description was ever given to me while employed for this company.

One of the reasons there was tension in the office on my part was the fact that the owner in many instances made racial and derogatory remarks about other employees, customers, and even friends and family in my presence.

Is there any chance for compensatory funds for wrongful termination? It has also caused me much distress. I have a good repertoire in my community, and was able to find temporary work within two days. This has kept me from filing bankruptcy.

Thank you in advance.

 

[stephenk]

what reason were you given for being let go?

 

[iSaint]

The meeting started with "...I think you know why I called you in here, Friday was the last straw..."

...at which point I asked if I was being fired. The response was yes, and the employer began to tell me some of the things I had been inept in my duties, none of which were ever documented or directly spoken of. So I was very shocked and upset.

I then said thanks and left...

 

[Beth3]

Nothing in your post suggests this was a wrongful termination. While it may not be fair, if the owner wishes to terminate you on a whim or hold you accountable for things that previously weren't a problem, he may.

 

[cbg]

Based on the information in your post, this does not come even remotely close to a wrongful termination. A wrongful term does not mean one that is unfair, unjust, unexepected, based on incorrect or inaccurate information, or even, in the very large majority of cases, one that violates company policy. In order to qualify as a wrongful termination, it has to have been ILLEGAL to term you for the reason they did.

Wrongful terms come in two categories; violations of Title VII or violations of public policy. Title VII violations mean that you were termed BECAUSE OF your race, religion, national origin etc. Public policy violations mean that you were termed BECAUSE you applied for or utilized a right or benefit that is protected by law (FMLA, workers comp, reporting unsafe activity to OSHA, etc.).

Nothing in the law requires that you be given any counselling, any documentation, or even a reason for your termination. A VERY few states require that upon your WRITTEN request, the employer give you a "service letter" that gives the date of your employment and the reason for your termination; however, while I am not in my office and therefore cannot check my source, I am about 95% sure that your state is not one of those few.

 

[rickierex]

Although I agree with Previous

You should know there are other reasons to consider. If the company has written procedures/policies that implies a contract in Good Faith and Fair dealings; e.g., Disciplinary Procedures and Termination, then it may be a contract recognized and determined to be violated and could be considered actionable. Just a opinion.

 

[cbg]

The state of Mississippi, where the original poster is from, is not one of those states which recognizes the concept of good faith and fair dealings. No help there.