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wrongful termination??????

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J

jollyholly

Guest
What is the name of your state?
New Jersey


Hello. my name is Holly. I just recently found this site. I have a question. I feel that I was wrongfully terminated.

I was terminated last Wednesday. The reason that was given to me is valid but I thought I was doing everything by the book.

I was let go because of too many absenses and lateness seemed to be an issue.

Let me address absenses first. In November I started working fulltime permanent for this company. I had previously been a temp for them.

I was a really good worker and my boss mentioned that several times.

In December I was out with a sickness that lasted three days. I asked my boss how to handle that and she said that as long as I documented the situation I was ok.

In January I was out two times with a cold. I went into work twice with the intent of staying. I spoke with my boss and she stated that if you are sick why are you here go home. So I left.
I once again made sure that the information was documented and she said it is not a problem.

Perhaps I should have just called out sick but in good faith I went in. As a matter of fact I mentioned to her that I did not want to get the other people that I worked for sick and she made it seem like that was more of a reason to go home.

On Wednesday I was called into her office and told that my position had to be terminated. I asked why and she stated becaue of my excessive absents. I stated but they were documented. She stated that it did not matter because I was on probation during this time and they did not have to keep me there if they did not want to.

They also mentioned about my being late. There were a few times that I could have been considered late but once again I spoke with my boss and she said it was ok. Now that she is letting me go she brought it up.

Do not get me wrong she has bent over backwards for me but this was unfair in my book.

I called the human resource department which is located in New York and spoke with the head of human resources and stated that I thought I was wrongfully terminated. She stated once again that because I was on probation that they have a right to do this.

I even went as far as calling the labor board and was told that since New Jersey is an at will state the employer is entitled to fire me just like that without an explanation.

i believe there is more to this then meets the eye.... Please shed light on it....

thanks
 


Beth3

Senior Member
Yes, your employer may terminate you for excessive absenteeism at any time but particularly while you were on new hire probation. Having notes from your doctor does not "excuse" your absences nor does having spoken to your boss about your late arrivals mean they can't consider that in making their decision. In your employer's judgement, you demonstrated you couldn't be relied upon to be at work and arrive on time regularly.

This is not remotely a wrongful termination which is why the labor board wouldn't take a complaint from you. Just because you think their decision was unfair doesn't make it illegal. No, I don't think there is more to this than meets the eye. You were simply absent and tardy too often.
 
J

jollyholly

Guest
my response

Beth

Thanks for responding to my post. I still feel that there is more then meets the eye. I did not post everything that happened either.

I understand what you are saying but I felt that as long as i was going by the book with documentation that I was doing the correct thing.
 

Beth3

Senior Member
It's pretty hard to give you an answer if you don't provide all the facts, nor do I know what your employer's policy is. All I can observe is that many individuals appear to assume that if they bring a doctor's note for their absences, that absence should be "excused." That just is not the case. By the standards of everywhere I have worked, you were excessively absent and tardy during your probationary period and would have been terminated.
 

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