Wrongful Termination??

[BlackPeaceStone]

What is the name of your state? IL

I was working for a Fortune 200 company in Oak Brook, IL which is Dupage County. I just began the job and had only been working there for 4 days when police from another city and another county, Hickory Hills - Cook County came to my job and arrested me on the spot, a private workplace location. Of course this made a big scene in front of my managers. I was taken into custody and was questioned and harassed by the police for over 3 days about a crime that my friends allegely were pary of. I wasnt really allowed to call my job or anyone else for that matter while I was inccarcerated. Since I was not willing to tell the police anything and demanded a attorney they decided to charge me with the crime as well. I was charged with Home Invasion and unlawful restaint, even though the victim is a good friend of mine and indicated to the police she didn't want to press charges against me. But after 3 days the judge gave me, a college graduate working as a Software Consultant with no criminal backround a $500,000 bond. I was not able to communicate with my relatives for another 24 hours about my situation. I finally got out and made it back to work. After missing 4 days of work the company terminated me. But the thing is..... I learned 3 days before I started working I was required to work the next 2 weekends... I was required to work from 8am to 9pm Mon-Fri and Sat and Sun from 10-4... For 2 weeks... I worked 41 hours before I was actually arrested on Thursday...And I returned to work late Monday.... Can my company fire me for not working more than the 40 hours.... Can I sue for wrongful termination? Did my company violoate any laws for telling the police that I worked there, who had NO WARRANT, and showed them where I was at? Can the company fire me becuase I was part of a police investigation in which I had no control of when I was goint to be released? Can someone advise me on what I can do about this matter.... I lost a good paying job and now it is difficult in finding another one..

 

[Beth3]

Can my company fire me for not working more than the 40 hours Yes.

Can I sue for wrongful termination? You can try but I don't see any basis on which to do so.

Did my company violoate any laws for telling the police that I worked there, who had NO WARRANT, and showed them where I was at? Not remotely. They're free to show anyone they wish to where you work.

Can the company fire me becuase I was part of a police investigation in which I had no control of when I was goint to be released? It depends on your State's laws but it hasn't been established that that's why they fired you - nor that your employer knew you were going to be released (on half a million dollars bail at that.) If they fired you for being unavailable for work for the time you were in police custody and/or because you were absent without contacting them, they are free to do so.

 

[cbg]

"Can I sue for wrongful termination?" I can't even begin to imagine on what basis you think you have a wrongful termination claim.

In order to qualify as a wrongful termination under the law, it has to have been ILLEGAL for them to terminate you for the reason that they did. What law do you think forbids them from firing you for not coming to work?

 

[BlackPeaceStone]

Well I think they violated some of my rights by allowing the police to view my employment status...Giving them all my confidential information...Like my social, full legal name, contact information..... The only thing the police had was my picture and a nickname I use that my employer didnt know..... But they fired me for missing days.....I worked 40 hours that week...So the only thing I missed was "extra required" work that I found out about 3 days before that week.... And the reason I missed was I was cooperating with a police investagation....It was a emergency that I had no control on when I was going to be released.

 

[cbg]

They violated none of your rights. Nothing in the law prevents an employer from giving them information about whether you work there or where you are working. That is public information and they have no legal obligation to keep it from the police - or anyone else, for that matter.

 

[Beth3]

Since I was not willing to tell the police anything and demanded a attorney they decided to charge me with the crime as well... And the reason I missed was I was cooperating with a police investagation Er, how exactly is that "cooperating" with a police investigation??? You were criminally charged with several very serious crimes and held until a judge set bail for half a million dollars and you could post bond.

Anyway, cbg is entirely correct. Your employer was absolutely free to give that information to the police - after all, they were just "cooperating" with a police investigation, same as you.

 

[BlackPeaceStone]

Would my situation fall under this law?

725 ILCS 5/115‑18)
Sec. 115‑18. Employee protected. No employer shall discharge or terminate, or threaten to discharge or terminate, from his or her employment, or otherwise punish or penalize his or her employee who is a witness to a crime, because of time lost from regular employment resulting from his or her attendance at a proceeding under subpoena issued in any criminal proceeding relative to the crime. An employer who knowingly or intentionally violates this Section shall be proceeded against and punished for contempt of court. This Section shall not be construed as requiring an employer to pay an employee for time lost resulting from attendance at any proceeding.
(Source: P.A. 89‑234, eff. 1‑1‑96.)

 

[rmet4nzkx]

Would my situation fall under this law?

725 ILCS 5/115‑18)
Sec. 115‑18. Employee protected. No employer shall discharge or terminate, or threaten to discharge or terminate, from his or her employment, or otherwise punish or penalize his or her employee who is a witness to a crime, because of time lost from regular employment resulting from his or her attendance at a proceeding under subpoena issued in any criminal proceeding relative to the crime. An employer who knowingly or intentionally violates this Section shall be proceeded against and punished for contempt of court. This Section shall not be construed as requiring an employer to pay an employee for time lost resulting from attendance at any proceeding.
(Source: P.A. 89‑234, eff. 1‑1‑96.)

You are not protected because there was no subponea. This section refers to you being called to testify as a witness in a court proceeding, there would be advance warning in such a case, this is different than a warrent or investigation.

 

[Shay-Pari'e]

Now that I have come to realize what a member of this forum does with the "Stupidest" post of the year is all about, this would be number one.