Wrongful termination due to tardies?

[SetiQueue]

What is the name of your state?What is the name of your state? FL

A breif summary: My ex-employer has a policy that if you recieve a 3rd final written warning in a 1 year time frame that your employment will be terminated. This is what was quoted when I was terminated.

Now heres what has happened:

I recieved the following tardies that apply:
06/26/04
07/16/04
11/16/04
11/23/04
11/30/04
03/08/05
04/15/05
04/20/05
05/13/05
05/28/05
06/23/05.

I recieved my 1st final written for tardies on 07/16/04 due to previous tardies, I recieved my 2nd final written on 11/30/04.

Now my question: I obtained my latest tardy on 06/23/05. I was terminated on 06/28/05. The documentation I signed for my "3rd Final Written/Termination" was signed on 06/28/05. During this timeframe the tardy I obtained on 06/26/04 "rolled off" and I had 10 tardy points.

Should I have been fired at that time as I only had 10 tardy points at the time I was terminated instead of the 11 points that are needed for a Final Written Warning?

Thank you for your advice!

 

[cbg]

I'd have fired you somewhere around November.

Unless your employer's policy reaches the standard of a contract, which is extremely unlikely, they are free to cut to the chase any time they want.

No, this is not even remotely close to a wrongful termination and your employer was a hell of a lot more generous with you than most would have been.

Get your act together and start getting to work on time, and you won't have to worry about it.

 

[SetiQueue]

I'd have fired you somewhere around November.

Unless your employer's policy reaches the standard of a contract, which is extremely unlikely, they are free to cut to the chase any time they want.

No, this is not even remotely close to a wrongful termination and your employer was a hell of a lot more generous with you than most would have been.

Get your act together and start getting to work on time, and you won't have to worry about it.

I would say it reached the standards of a contract. I had to sign multiple forms stating I recieved an empoyee handbook which states that thier policy.

I was well beyond my 90 days of employement (2 years) and would be under the impression that they couldn't fire me unless I violated a part of thier policy. Which I don't believe was done in this case.

 

[cbg]

Being beyond your 90 days of employment means diddlysquat. NOTHING in the law says that once you're beyond your first 90 days you can only be fired for policy violation.

And there is no getting around the fact that you were tardy too damned often.

If you think you have a contract, take it to a lawyer and have him review it.

 

[cbg]

Oh, and by the way, a wrongful termination does not mean that the company violated their own policy. It means that there is a specific law prohibiting the employer from firing you for that reason. I promise you, there is no law that says they can't fire you until you have three written warnings, and there is no law that says you can't be fired until you've been tardy 11 times in a one year period.

 

[jpritchett81]

You have to admit.....that's a lot of tardies for a year. Most employers let you go before you reach 11. Next job....try to be on time.

 

[cbg]

There is no doubt in my mind that the OP very carefully kept track of his tardies so as to come late to work the maximum number of times he could without having to suffer any consequences, or so he thought. Now he's whining because he misjudged both the law and his employer's patience with him, and is looking for a way to avoid the consequences of his own actions. I have no patience and no sympathy for such folks.

 

[mlane58]

It is truly amazing how people want to blame the employer for their lack of work ethics and committment. I see this kind of behavior every day where I work and I still can't understand how you possibly think that the employer is being unfair. Thank god its Friday!

 

[jpritchett81]

There is no doubt in my mind that the OP very carefully kept track of his tardies so as to come late to work the maximum number of times he could without having to suffer any consequences, or so he thought. Now he's whining because he misjudged both the law and his employer's patience with him, and is looking for a way to avoid the consequences of his own actions. I have no patience and no sympathy for such folks.

Ha I just counted the tardies and didn't even notice that he was trying to keep within policy! I guess I'll read slower next time

 

[Sockeye]

I worked as a foreman in a plant that was a unionized, new hires wouldn't protected by the union until after 500 hour worked.

I'd give new workers 0 chances at coming in late. At my oreintation I'd tell them how important it was and the consequences if they didn't show up on time. Also, this was the evening shift (4:30pm start) and in a location where traffic wasn't a factor.

The first late arrival they'd be hitting the bricks.