• 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.

Unfair firing after temporary suspension?

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

jrc32

Junior Member
What is the name of your state? Pennsylvania.

My husband was working in banquet services dept of a hotel chain. Last weekend, while working, he was asked by a guest to get toilet paper, because it had run out (this of course, is not part of his normal job), but when he returned, he knocked on the main bathroom dorm. He yelled that he had the toilet paper, and she asked him to leave it in the powder room. He did. Well, another coworker who does not care for my husband, saw him exiting the women's BR, and reported to management that he was in there with a woman. He didn't even go the whole way inside the BR, just stuck it right inside the door. Perhaps to the coworker, it looked like he was just exiting the BR. Either way, I have a question as to the way management handled this situation.

Nothing was said to him that night, but the next day he went to work, he was told by his supervisor, that he was being suspended 3 days without pay because of the incident the coworker reported. At that time, he was asked to sign an incident report, and that he understand he was suspended for 3 days. He did sign. Today was supposed to be his first day following the suspension. His immediate manager called to say he should come in, but did not need to be in uniform. Well, when he got there, the manager told him that what he did was probably not fully understood by the coworker who reported it. He went on to state that he is aware that the coworker does not care for my husband and also told him that many other workers do not like him (I believe it is because he is from a different company and works very hard at what he does, and people in such a capacity of banquet serving to not strive to do their best. I think they feel this way because he takes his job seriously, and the others want to just stand around and do nothing). The manager said that he had to respond in some way to the incident, so he fired him. Now he was the hardest worker there, took extra hours whenever asked, and was never late or had any previous complaints or incidents of problems.
As he was leaving, his immediate supervisor told him that he thinks the manager was not allowed to fire him in that manner.
My question then, is: If he filled out a form from the immediate supervisor the day after the incident, and was told he was being suspended 3 days for it, how can they turn around and fire him for the same incident? Isn't the suspension the decision the disciplinary action they chose to deal with this situation? There were no new complaints, so how can they first suspend him, and then fire him for the same incident? That is my question. Any comments are appreciated.

Oh, and by the way, they gave him nothing to take with him when he left. No forms were signed, nothing.
 


cbg

I'm a Northern Girl
if he filled out a form from the immediate supervisor the day after the incident, and was told he was being suspended 3 days for it, how can they turn around and fire him for the same incident?

They can do this because no law says they can't.

Isn't the suspension the decision the disciplinary action they chose to deal with this situation?

Nothing in the law says that they are therefore forever banned from taken additional action.

how can they first suspend him, and then fire him for the same incident?

It may be unfair but it is not illegal. This is NOT a wrongful termination under the law.

Oh, and by the way, they gave him nothing to take with him when he left. No forms were signed, nothing.

No forms are required at termination under the law.
 

HomeGuru

Senior Member
I would like to know if he ever thought of looking for a female worker and having her take the roll into the women's restroom.
 

HomeGuru

Senior Member
jrc32 said:
What is the name of your state? Pennsylvania.

Oh, and by the way, they gave him nothing to take with him when he left.

**A: what? They did not even have the courtesy to give him a roll of toilet paper as a parting gift? Shame on them. What a lousy employer.
 

seniorjudge

Senior Member
HomeGuru said:
I would like to know if he ever thought of looking for a female worker and having her take the roll into the women's restroom.
I think he was playing a different role when he had that roll.
 

Find the Right Lawyer for Your Legal Issue!

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