Treated Unfairly, Do i have a case?

[Rolltide17]

What is the name of your state (only U.S. law)? New Jersey

Hey there, here's my story... so this is a work related issue, where i feel i was treated unfairly and given a "write-up" that should not even be given to me.

So, on thursday i spoke to one of my staff level managers and asked him if my general manager was cutting hours, he texted me back a little while later and said no she's not. Okay, no big deal. So i decided to call out for the next two days because I had an opportunity to go away with some friends and family to a football game in Pittsburgh for the weekend. (Keep in mind, i have NOT called out in over two years, i have my attendance records as proof.) so the next day, my general manager calls me, and asks, "where am i?" i told her i called out, and i was away. She then stated that "this was unacceptable and that we would have a meeting on Monday to discuss the matter." So Monday comes along, and we sit down in the office, and she first writes me up for "Poor work performance" in high damaged and destroys, it was my third week in the department after a holiday in which all D&D numbers are inflated, so disciplinary action includes "I may be suspended or demoted if there's another offense like this within 6 months." (keep in mind i had a clean personal file until this." Then after signing that write-up, i receive , "A Managers standards of ethics violation, "Unauthorized Absence" First of all, i'm not a manager. Im an hourly supervisor. Moving on, then in the write up it states i called out to my manager that i spoke about earlier, (so, whats unauthorized about my absence?) , secondly it says my GM called me, asking if i was okay because she was concerned. yeah right... (you're not allowed to call hourlys if they call out, i believe that's a privacy breach.) and it stated that I said I wouldn't be in so i could attend a football game. So, me being the dumb honest person I am, said yeah, that's where I was, it was an opportunity with my family, and financially affordable so i took the chance, i have no write-ups until now, nor have i called out in 2 years. I was then demoted, and stripped of my title. Every person i speak to who i've worked for before says its 100% not right, because there are steps you go through before being demoted, and I was just being made an example of. I just want to know is there any legal baring here? and if not, any comparisons or opinions of your own you have would be greatly appreciated. Also, should i push to try and get in touch with a HR person, to get my position back, because this pretty much ruins my career. Thanks again for your time.

 

[cbg]

You may or may not have been treated unfairly. But unless you have a legally binding and enforceable contract that specifically spells out the steps that MUST be taken before you are demoted or fired and that these steps are guaranteed in all situations no matter what, then you were not treated illegally.

You are free to contact HR if you think it will help. There is no law you can invoke that will force HR (or anyone else) to reinstate you.

Google at-will employment.

 

[OHRoadwarrior]

You ruined your own career. You received your job on merit. When you decide to not show up for work for no reason, you prove you no longer merit the additional responsibility.

 

[wavehopper27]

Unfair does not equal illegal. They are free to change the conditions of your employment up to and including termination and you are free to quit and seek alternate employment.

As long as you were not discriminated against on the basis of race, color, creed, national origin, gender, sexual orientation, disability or other protected class you have no case. You are left with the choice of either accepting your punishment or resigning.

 

[commentator]

Do not quit your job expecting to be able to get unemployment insurance because of this. Yes, you were treated unfairly. But all you can do is complain to HR, see if they would like to fix the matter and change your situation, and be looking around for other jobs while you are still employed. It sounds as though they wanted to do you in, may be trying to make you unhappy enough to leave. And they can do this, baring the EEOC issues someone else mentioned.

But if you quit, you'll not be able to show that you had a valid work related reason to quit, especially if you have not taken steps to resolve the situation before you left, working within the company.

But if they follow up with this, try to terminate you the next time you have to call in or for any reason, they will have to show that you had a clear cut understanding of their policies, that they had warned you about the specific issue you were terminated for, and that you did not correct the behavior that was making them unhappy with you. Always be sure to keep all performance evaluations you receive, and always do your job to the best of your ability, and be willing to state that you are doing this.

Being terminated without a good reason is not going to ruin the rest of your whole career. Thre would probably be a chance of unemployment benefits until you could find something else. Getting another job and leaving this one where you are having problems is particularly good for improving your career. There's nothing you can sue them for. Quitting the job without another to go to and without unemployment benefits is going to be very bad for your bottom line.

Yes, you and your co workers and your former employers may agree this just isn't the way a person should be treated, but don't let them convince you you have more rights than you do in the workplace. There's no labor law that says an employer can't demote at will, as they hire and fire at will, unless you have a union contract that specifies what they can and cannot do.

 

[Rolltide17]

Do not quit your job expecting to be able to get unemployment insurance because of this. Yes, you were treated unfairly. But all you can do is complain to HR, see if they would like to fix the matter and change your situation, and be looking around for other jobs while you are still employed. It sounds as though they wanted to do you in, may be trying to make you unhappy enough to leave. And they can do this, baring the EEOC issues someone else mentioned.

But if you quit, you'll not be able to show that you had a valid work related reason to quit, especially if you have not taken steps to resolve the situation before you left, working within the company.

But if they follow up with this, try to terminate you the next time you have to call in or for any reason, they will have to show that you had a clear cut understanding of their policies, that they had warned you about the specific issue you were terminated for, and that you did not correct the behavior that was making them unhappy with you. Always be sure to keep all performance evaluations you receive, and always do your job to the best of your ability, and be willing to state that you are doing this.

Being terminated without a good reason is not going to ruin the rest of your whole career. Thre would probably be a chance of unemployment benefits until you could find something else. Getting another job and leaving this one where you are having problems is particularly good for improving your career. There's nothing you can sue them for. Quitting the job without another to go to and without unemployment benefits is going to be very bad for your bottom line.

Yes, you and your co workers and your former employers may agree this just isn't the way a person should be treated, but don't let them convince you you have more rights than you do in the workplace. There's no labor law that says an employer can't demote at will, as they hire and fire at will, unless you have a union contract that specifies what they can and cannot do.

I'm going to get a copy of the handbook and read through it thoroughly , i'm not overly shocked about having no case in law or being able to sue, i wasn't really looking for that out, i'm more concerned being given a "Managers" write up on paper, when i'm NOT a manager, there is no hourly write-up for what i was given the equivalent would be a no-call no-show, which CLEARLY couldn't be given because it states i did call out the proper way.

When i talk about previous employers they all work within the same company and understand the rules and guidelines as well. i work for a large retail store, and this is currently my fourth location i've worked in. Hearing i was treated unfairly and they had it out for me, is more then enough of a response i needed to feel better, so thank you. I'm hoping this is a blessing in disguise and i move on with my life to a better place outside retail.

I'm currently looking for a new job, and have high recommendations.

Anything else you want or need to know, to help or are interested in for this case, and future cases please feel free to ask

 

[ecmst12]

I don't think it was unfair at all, you could have SCHEDULED those days off, and a supervisor is part of the management team. You should be held to a hire standard than those you supervise.

 

[Rolltide17]

I don't think it was unfair at all, you could have SCHEDULED those days off, and a supervisor is part of the management team. You should be held to a hire standard than those you supervise.

i hope i never wind up like you.

 

[ecmst12]

I doubt you will. It's called being an adult, and a professional.

 

[Rolltide17]

I doubt you will. It's called being an adult, and a professional.

Nah, it's called being institutionalized. Good try though, i'm sure your hated, not respected by coworkers, enjoy being miserable and putting others down on forums buddy. Plus i'm 23, i have all the potential in the world, and i plan on using it now in school, people like you motivate me.

 

[ecmst12]

At no point did I put you down. I think what you did was irresponsible and I think your employer was correct and fair in reprimanding you. I think you should have learned something from the incident, namely next time you want to go away with your buddies, let your boss know and get the days off ahead of time, so that they don't have to scramble at the last minute to cover your position. That's polite, and again, professional. Calling out is something that you do when you are sick, or have something unexpected and unavoidable happen and can't get into work, like having a flat tire. I think that next time you ARE actually sick, you are going to have a hard time convincing your boss that you are actually sick and not faking so you can hang out with your friends. And this is a lesson you will need to learn no matter WHAT field you are working in, that being a reliable employee means showing up when you're scheduled, and calling out inconveniences your boss and coworkers and shouldn't be done for silly reasons. And I am both liked and respected by the people I work with, because I show up when I'm supposed to and I work hard when I'm there.

If pointing out that you made a mistake and showed poor judgement motivates you to not do such things in the future, then it had the intended effect.

 

[Rolltide17]

At no point did I put you down. I think what you did was irresponsible and I think your employer was correct and fair in reprimanding you. I think you should have learned something from the incident, namely next time you want to go away with your buddies, let your boss know and get the days off ahead of time, so that they don't have to scramble at the last minute to cover your position. That's polite, and again, professional. Calling out is something that you do when you are sick, or have something unexpected and unavoidable happen and can't get into work, like having a flat tire. I think that next time you ARE actually sick, you are going to have a hard time convincing your boss that you are actually sick and not faking so you can hang out with your friends. And this is a lesson you will need to learn no matter WHAT field you are working in, that being a reliable employee means showing up when you're scheduled, and calling out inconveniences your boss and coworkers and shouldn't be done for silly reasons. And I am both liked and respected by the people I work with, because I show up when I'm supposed to and I work hard when I'm there.

If pointing out that you made a mistake and showed poor judgement motivates you to not do such things in the future, then it had the intended effect.

i've learned a lot, but this discussion is over, i don't want to keep you from helping others who actually need your expert opinion. thanks again.