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  #1  
Old 10-29-2009, 12:11 PM
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Question

Is this wrongful termination?


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

PA is an 'at will' employee/employer state. I was terminated without explanation, there were no prior complaints regarding work from customers nor complaints from managements. I believe the termination was strictly personal. I was pulled into a meeting and asked by a manager did I like the job, was I happy, all non-job related questions based on my performance. The kicker was that i was told they 'couldnt figure me out'. HUH?? Was the meeting about my job or personal? Since my date of hire I can only think of 2 times where I was asked if needed assistance, i was deliberately given wrong answers to questions, etc.

Wrongful termination or discrimination? Your thoughts?What is the name of your state (only U.S. law)? Anyone?

Last edited by Dansler2009; 10-29-2009 at 12:24 PM.
  #2  
Old 10-29-2009, 12:23 PM
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Quote:
Originally Posted by Dansler2009 View Post
What is the name of your state (only U.S. law)? PA

PA is an 'at will' employee/employer state. I was terminated without explanation, there were no prior complaints regarding work from customers nor complaints from managements. I believe the termination was strictly personal. I was pulled into a meeting and asked by a manager did I like the job, was I happy, all non-job related questions based on my performance. The kicker was that i was told they 'couldnt figure me out'. HUH?? Was the meeting about my job or personal? Since my date of hire I can only think of 2 times where I was asked if needed assistance, i was deliberately given wrong answers to questions, etc.

Wrongful termination or discrimination? Your thoughts?What is the name of your state (only U.S. law)?
Nothing you posted even hints at either wrongful termination or discrimination. Being at-will, you can be terminated because your employer doesn't like the shoes you wear.
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  #3  
Old 10-29-2009, 12:27 PM
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WOW!!!

Sometimes I felt that was the case!!

Cant do anything about the PA laws....hmm, this makes me wonder if I should consider working in another state?? Sad, but true!
  #4  
Old 10-29-2009, 12:29 PM
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Originally Posted by Dansler2009 View Post
WOW!!!

Sometimes I felt that was the case!!

Cant do anything about the PA laws....hmm, this makes me wonder if I should consider working in another state?? Sad, but true!
all at will states are like that. it's not the state, it's the employer. next time, don't wear the same shoes.
  #5  
Old 10-29-2009, 12:39 PM
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Every state except Montana is at-will. A personality conflict is a perfectly valid reason to fire someone.
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  #6  
Old 10-29-2009, 12:40 PM
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Per the EEOC, the discrimination comes to play if the employer coaches colleagues in the same positions towards good job performance whereas, I did not receive the same opportunities either because of race, color, ethnicity or disability so that errors could have been eliminated. I guess the more upseting part was that I know there was intentional intimidation but knowing that others received assistance and I didnt and when asked questions, I received deliberate wrong answers. Fortunately for me, I figured it out and still performed the job accurately in a professional manner.
  #7  
Old 10-29-2009, 12:43 PM
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Montana, here I come!!

Whats the more important outcome - job performance, customer satisfaction or personal relationships? Although this has been going on for months, the customers NEVER had any complaints and could tell anything was wrong. Does that not matter...although the position was customer based?
  #8  
Old 10-29-2009, 12:44 PM
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We know what type of discrimination is legal and what type of discrimination is not. All of a sudden, you didn't get the same "opportunities" of other employees of a different race or gender? How do you plan on proving that?
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  #9  
Old 10-29-2009, 01:03 PM
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Pattytx, the issue of 'opportunities' is not all of a sudden. My counterpart was coached more and even openly discussed in the workplace that he was not abiding to the guidelines that were being enforced. Rather than following the procedures management went directly to him rather than making notes about the situation. Me on the otherhand, they began to make updates without confirming my work and when investigated, their accusations were incorrect and I was following the procedures in assisting the customers. There remains a current employee that experienced the same issues I did that can attest.

Suggestions on how it be proved?
  #10  
Old 10-29-2009, 01:08 PM
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Originally Posted by Dansler2009 View Post
Pattytx, the issue of 'opportunities' is not all of a sudden.
It was "all of a sudden" part of your "facts". You didn't mention it until you were told that what had occurred was not illegal.
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  #11  
Old 10-29-2009, 01:10 PM
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Discrimination is only illegal if its based directly on things like race, religion, gender, disability, or age (over 40). Please explain how the discrimination you suffered is based on one or more of these things so that we can provide further assistance.
  #12  
Old 10-29-2009, 01:37 PM
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I now see that based on my question, there was a lot of information that was missing in order to provide an adequate and reasonable response. From my initial question, I still believe the decision was personal, however, I could not voice the below to anyone within the company. My discrimiation complaint to the EEOC for race discrimination is based on not receiving the same opportunities as my direct counterpart in the same position as I - forgetting the personal attacks from management. The job consists of a case system where customer issues are logged as well as steps for resolution. Earlier this year, new guidelines were created and required for everyone to adhere to. My team which consisted of 4 people, 2 of which, including myself of the 2 shared the same responsibilities.

When the new guidelines were enforced, it is documented and clearly communicated to management my progress, however, my colleague was allowed to make changes and allotted time to "recover" from errors that could have resulted in a write up. I was not written up but the cases were updated by management with questions where the answers were clearly documented in the case. Also, there were times when I stayed late to do additional work for the customers and was told by my direct manager to leave for the day when clearly my counterpart stayed in the office after hours and not told to leave.

In addition, my findings on the EEOC's website does validate my accusations of discrimination according to the Civil Rights Act of 1964.

Hope this was enough clarity. Thoughts?
  #13  
Old 10-29-2009, 01:44 PM
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It sounds to me that you were fired because they didn't like you. NOT because of your race.
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  #14  
Old 10-29-2009, 01:51 PM
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If you've already been to the EEOC's website and believe that you have a strong claim based on their information, why haven't you filed that claim? Why on earth are you posting here instead?
  #15  
Old 10-29-2009, 01:54 PM
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Thanks for the honest answer. Its sad though that the customers has really lost a dedicated, personable worker despite that didnt came across to management. I loved my customers and was there to do my job. I still feel strongly about my case and will not stop the fight.

Guess its time for a new pair of shoes!
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