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Wrongful termination

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jlbsrr4

Junior Member
What is the name of your state (only U.S. law)? I was employed in Illinois but live in Indiana

I was employed as a counselor for a day program for mentally ill adults. I was hired 9/06 and was eventually promoted to Coordinator of the program. In April of this year, it was decided it would be best to have a supervisor. I was given a chance to apply for this but decided against it. I was given a job description change form which basically said I was now just a counselor and not the coordinator. The form also stated this decision was not made due to my work performance and they appreciated everything I had done in this capacity.
I had issues with the new supervisor from the beginning because I felt she was not making an effort to learn anything about the program. I asked a lot of questions of her and felt like I was encouraging her to take a bigger part in running the program so I didn't have to anymore. That's what she was hired for, right? I eventually met with the Director which was my supervisor's boss and expressed my concerns. I was basically encouraged to just talk to my supervisor about this issues. I pretty well knew things weren't going to change at the point. I also wasn't the only one having issues with her and apparently some other employees, some of whom I am good friends with, were rather vocal about this. One morning in June, the supervisor began crying in front of me and two other staff people and said she felt like daggers were being thrown at her. I stupidly felt really sorry for her and later, while we were alone, I apologized to her, admitted I may be one throwing daggers at her, told her I was looking forward to moving on from here and making the program great. I had felt like things had improved.
Fast forward to 9/2. I was written up on this date by my supervisor due to inability or unwillingness to work harmoniously with staff because I took a "negative tone" towards my supervisor in a meeting. When I asked exactly what I said or what situation was being discussed at the time I allegedly took the negative tone, she was unable to give any details. I wrote a lengthy response because she had cited the previous action she had taken as our discussion we had in June. She had wrote that I had admitted blame for the "increased tension" between staff. This was not true. I never admitted blame.
I met voluntarily with our human resources director on 9/10 for 1 1/2 hours to see what I could do to work better with my supervisor. I indicated I would be willing to do whatever I could. It was suggested that a meeting between the HR director, my dept.'s director and my supervisor as well as myself would be held soon to "clear the air and start fresh".
On 9/11, I went to work and as soon I was ready to start a group with my clients, I was asked by my supervisor to come upstairs for a minute. The director and HR director was there. I was told by the HR director that they had all met with the administrator that morning and with her blessing, they were going to terminate my employment with them. When I asked why, HR stated they didn't feel my attitude would change because "yesterday wasn't a good day either apparently". I asked her what had happened yesterday and she said she wasn't going to discuss it. This totally confused me because my supervisor hadn't even been there the day before. I had never been given any specific examples of what I had done or said wrong. I don't feel like clashes between personalities is a reason to fire someone, however I know they do not need a reason. I haven't even filed for unemployment yet but I know they're going to fight it. I'm hoping I'll have another job before I even after to worry about getting unemployment but I'm not sure. Any advice would greatly be appreciated. I'm still stunned about this.What is the name of your state (only U.S. law)?
 


cbg

I'm a Northern Girl
A personality conflict is a perfectly valid reason to fire someone. This is not a wrongful termination by any stretch of the phrase.

I would expect that you would qualify for unemployment and I would encourage you to apply immediately.
 

jlbsrr4

Junior Member
I plan on applying on Monday but I have a feeling they have a lot of documentation on me that I haven't been privy too. I have read on the IDES website that I can ask the referee at the appeal hearing to have access to this information. Is this correct?
I don't care to ever work there again and had never thought about suing them for wrongful termination because this is an at will state. However, I feel I'm entitled to compensation in the form of unemployment benefits
 

ecmst12

Senior Member
What makes you think that it will go to an appeal? Even if they contest your application, they may not succeed.
 

jlbsrr4

Junior Member
Am I allowed to see everything in my employment file related to why they fired me? I wanted to get some memos I had received including my last three performance evaluations but I was only given 10 minutes to gather my things.
 

march11

Junior Member
You might have a problem with obtaining that. Ask to speak with your HR dept. I believe they keep those records for a certain amount of time after you get fired. If you get to see your file you can bring that up if you have to appeal for your unemployment. Always contact the employment and labor industry for your state.
 

cbg

I'm a Northern Girl
In IL they are required by law to allow you to see your file. Trust me, they keep them for YEARS after you terminate. Maybe not on site after the first year or so, but a friend of mine tells me her employer has employee files going back to the 1800's. Yes, that was eighteen-hundreds, not a typo. You really needn't worry that the file will no longer be there.
 

commentator

Senior Member
What you do is file for unemployment immediately. Don't even think about finding another job right this minute, file that claim, get it started, then you begin to look for other jobs. That's how the system is supposed to work.

When you file the claim, you will be asked a series of questions about your termination, such as "what happened on your last day of work" "What were you told was the reason you were terminated?" "Had there been any prior warnings or write ups concerning this issue?" "What was the company policy, if any?" and "What did you do to try to resolve the situation?"

After your claim is taken and you have been instructed to certify for weeks as they pass, then the ajudicator is going to contact the employer and ask for their version of this termination. If they say something totally not mentioned by you, such as, "Person was fired for misuse of the internet," they would of course call you back and ask you what about this.

Then what is called an "initial decision" is made. Letters will be sent to both you and the employer. Either party can appeal the decision, depending on how it goes. If you win, you will begin receiving checks. If either party appeals,this results in an inperson or telephone hearing. At this point, you can request by supoena the employee records. You may have an attorney to represent you, or you can do this yourself. Ask the appeals tribunal how to go about doing this.

After this hearing, a second decision is made, either approving or denying benefits. After that, there can be a review hearing, and then it COULD be taken to court, but most people or employers don't carry one this far if they keep losing.

Right now, you don't need to flip out about getting the stuff in your personnel file, but if you lose this first appeal, then I'd definitely figure out how to get those records. Also, it is helpful if you have together all the material you do have copies of. This can be submitted with the initial claim filing, but it is not really necessary.
 

jlbsrr4

Junior Member
Thank you all so much. The only documentation I have is my write up. But like I said, I have a feeling they have other documentation on me. However, how am I to improve my behavior if I didn't know what I was doing wrong? I may have mentioned this above but when I asked for a specific act I was told "we think you know". I filed first thing this morning and applied for a couple jobs. On a whim, I happened to walk into the library to see if there were any volunteer opportunities and was told to send my resume for a possible job there. Losing this job could be the best thing that ever happened to me but I feel a lot of resentment...trying to let that go but it's going to take some time.
 

commentator

Senior Member
If and when this goes to an appeal-- incidentally, if you accept a new job, after the first week you actually go in and work, not as soon as it is offered to you, then you stop filing for weeks of benefits, (you do want to be paid for any weeks you were off and legally entitled to unemployment) but do take the time to go on and do the appeal, you want it on record that you did get this claim approved.

--Anyhow, how you can improve your behavior, just make it clear that you did ask your employer for direction, guidelines, suggestions as to how you could improve, and received nothing but, "we think you know" and then empasize that you did your very best to make sure you followed all the rules and did the job to the best of your abilities.

I cannot tell you how many times I have talked to devastated people who have been fired, and then some time later had them tell me "That was the best thing that has ever happened to me." Being miserable in a job situation isn't good for our peace of mind, but like the lobster in gradually warming water, we tend to sit there until compelled to change. Best wishes.
 

phase08

Member
Just because you don't think you should have gotten fired doesn't make it a wrongful termination.

haven't even filed for unemployment yet but I know they're going to fight it. I'm hoping I'll have another job before I even after to worry about getting unemployment but I'm not sure. Any advice would greatly be appreciated.
You need to file for unemployment immediately (you can do it online) and get the process going. If I were you I would simply say you were told you were being terminated because of personality clashes. There is no need (nor will you have space or opportunity) to go on and on with the whole history of your employment and various incidences. They will contact the employer. I suspect you will get it,

You need to stop churning over in your mind what to do when you appeal – you haven’t even applied!!

While it’s nice to hope, the reality is that the job market is very, very bad. However, volunteering at the library and other places is a great idea. It keeps you busy (better than sitting home being angry and depressed), you're helping others, and you can do some networking.
 
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jlbsrr4

Junior Member
I sent a certified letter yesterday to set up a time to see my personnel file. I'm becoming more familiar with the law and waiting to hear from the unemployment office. Had a job interview this morning and I think it went well. It still will be very satisfying if I win benefits though.
And I GET THE POINT BY NOW THAT THIS IS NOT WRONGFUL TERMINATION. Thanks for the tips.
 

jlbsrr4

Junior Member
I talk to the unemployment officer who will decide whether or not I get unemployment benefits on Monday. I'm wondering if I should simply tell him I'm not sure why I was fired. I'm really not sure, I've only been assuming it was for unwillingness or inability to work harmoniously with co workers because that's what I was written up for. However, the day I was fired I was not given a reason other than this but not given any specific incidents. I'm considering leaving out all the issues I had with her because I don't feel they're really relevant to my unemployment. I never knew I was doing anything wrong until I was written up. After that, I made steps to correct the problem but apparently something happened that I was unaware of that caused my termination. It's important to just stick to the facts instead of conjecture correct?
Also, they have not responded to my letter asking to see my personnel file. If they don't comply, is my only recourse filing a complaint with the labor dept? This will take 90 days and by then, I won't need my personnel file for anything.
 
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