Wrongful Termination Inquiry

[Voslik]

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

Seems to me I am having a bad year.

I had worked for the same company for 1 year and 6 months and was fired today. It starts as such, I got into some trouble over my productivity being reduced due to my cell phone usage on company time. I admitted it was wrong and signed a paper starting a 90 day probation, said probation didn't end until yesterday. I thought it had ended a month previous. Due to the shop being slow, and an upcoming case I had been on the phone a little more frequent.

Yesterday I had a spat with a co-worker, I saw some of his PUBLIC information and noticed something negative. I'm not the one to let others be hurt so I told him. I voluntarily looked his information up so I was at fault and I apologized. I still felt bad about what had happened and since I already spoke to our boss I decided to go talk to the HR. They said that they weren't concerned about the spat with said co-worker because I didn't do anything illegal or against the company. They did say it was against my probation, that my work had been falling behind, and some other things my boss had noticed. By against my probation, it meant that I wasn't supposed to be on my phone at work even during break even thought the contract didn't say that. By other things I mean negative aspects that would affect my work productivity.

According to the contract I was supposed to have a mid review, I reminded my boss for 2 weeks and it never happened. I even wrote notes to him so that he wouldn't forget and could mark it down. Not one of my superiors approached me or pulled me aside to inform me that my productivity was suffering. It wasn't until this incident that occurred yesterday "reminded them", keep in mind I approached HR about the issue of yesterday's event on my own doing to correct myself.

One of the higher bosses thinks I was fired for the wrong reason and isn't happy about it, he is investigating it and is has made a claim that he will fire the said co-worker because he feels that is the real reason I was fired.

My question is should I consult an attorney for wrongful termination or just file for unemployment and move on with my life? I work for everything I have and hate going to court. I also hate losing my job for something untrue. I would rather have my job back than sue them. My job is more valuable to me and it gets me along. I'm looking for opinions and insight as I don't feel that I was fired for my breaking my probation.

 

[Antigone*]

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

Seems to me I am having a bad year.

I had worked for the same company for 1 year and 6 months and was fired today. It starts as such, I got into some trouble over my productivity being reduced due to my cell phone usage on company time. I admitted it was wrong and signed a paper starting a 90 day probation, said probation didn't end until yesterday. I thought it had ended a month previous. Due to the shop being slow, and an upcoming case I had been on the phone a little more frequent.

Yesterday I had a spat with a co-worker, I saw some of his PUBLIC information and noticed something negative. I'm not the one to let others be hurt so I told him. I voluntarily looked his information up so I was at fault and I apologized. I still felt bad about what had happened and since I already spoke to our boss I decided to go talk to the HR. They said that they weren't concerned about the spat with said co-worker because I didn't do anything illegal or against the company. They did say it was against my probation, that my work had been falling behind, and some other things my boss had noticed. By against my probation, it meant that I wasn't supposed to be on my phone at work even during break even thought the contract didn't say that. By other things I mean negative aspects that would affect my work productivity.

According to the contract I was supposed to have a mid review, I reminded my boss for 2 weeks and it never happened. I even wrote notes to him so that he wouldn't forget and could mark it down. Not one of my superiors approached me or pulled me aside to inform me that my productivity was suffering. It wasn't until this incident that occurred yesterday "reminded them", keep in mind I approached HR about the issue of yesterday's event on my own doing to correct myself.

One of the higher bosses thinks I was fired for the wrong reason and isn't happy about it, he is investigating it and is has made a claim that he will fire the said co-worker because he feels that is the real reason I was fired.

My question is should I consult an attorney for wrongful termination or just file for unemployment and move on with my life? I work for everything I have and hate going to court. I also hate losing my job for something untrue. I would rather have my job back than sue them. My job is more valuable to me and it gets me along. I'm looking for opinions and insight as I don't feel that I was fired for my breaking my probation.

This is not a case of wrongful termination. I suggest you file for unemployment and when you get your next job, leave your cell phone at home.

Just a side note: If your job was that valuable to you, you would have never violated policy.

 

[cbg]

A wrongful termination means that you were fired in violation of a specific law that would otherwise have prohibited it. It does not mean that you were fired, "for the wrong reason". Nothing you have posted suggests that your termination was in violation of any laws.

 

[Mass_Shyster]

My question is should I consult an attorney for wrongful termination or just file for unemployment and move on with my life?

The two are not mutually exclusive. You should certainly file for unemployment regardless of your decision to speak with an attorney.

Since you mentioned a contract, I suggest you have a lawyer look it over to see if it was breached.

 

[Voslik]

There actually isn't a written policy that bans employees from using there cell phones. This doesn't mean that I didn't care for whatever particular reason but its neither here or there.

As for the "contract", it is a written agreement between 3 individuals and signed stating what has been done wrong, what we are doing to correct it, and what will happen if it doesn't get corrected. Would this be considered a contract or just a written agreement. Because I am aware that there are such documents stated as agreements.

If leaving my cell phone was an option I would, however, since I don't have a personal line other than the cell phone I must carry it. If I have an emergency that pertains to one of my 3 children that takes priority.

Thank you for the advice and information. I'm not sure whether to file for UI just yet, I am waiting to here about the CMO's decision on this matter as my job may be handed back to me. As I mentioned before I would rather have my job back.

 

[Voslik]

A wrongful termination means that you were fired in violation of a specific law that would otherwise have prohibited it. It does not mean that you were fired, "for the wrong reason". Nothing you have posted suggests that your termination was in violation of any laws.

I apologize for having you repeat something your tired of having to retype. I however, was encouraged to file for wrongful termination and didn't consider this to be a factor. Hence the reason I asked for more information.

 

[cbg]

UI is not retroactive. The longer you wait to file, the longer it will be before your benefits start and the longer the period for which you will not receive benefits.

 

[eerelations]

What you have described is not a wrongful termination as defined by law. It is perfectly legal to fire you for talking to a coworker about his/her FB posts. It is also perfectly legal to lie to you about that.

Whether or not you want to sue for wrongful termination is moot because you do not have a case for wrongful termination. You do not have a case for wrongful termination because you were not terminated wrongfully. To be terminated wrongfully means that your former employer has broken one or more laws that specifically prohibit employers from terminating employees for X reason(s). "X" includes things like race, gender, age, disability, religion, and/or reporting employers illegal activities to the relevant authorities. Nothing in any of your posts indicates that your former employer terminated you for any of these or similar reasons, ergo your former employer has not broken any such laws.

 

[cbg]

I apologize for having you repeat something your tired of having to retype. I however, was encouraged to file for wrongful termination and didn't consider this to be a factor. Hence the reason I asked for more information.

That's my signature line and while it does address your issue, was not directed at you personally.

 

[Voslik]

I have filed for unemployment with the knowledge that is not retroactive, I am consulting an attorney on the matter of the written contract. Thank you all.

 

[swalsh411]

By your own admission you violated your probation and are wondering if your termination was legal?

 

[Voslik]

By your own admission you violated your probation and are wondering if your termination was legal?

I had consulted the HR to find out if I was being terminated due to the spat between said co-worker and myself. I didn't admit to breaking my probation to them. Nor did I consult on whether I broke my probation or "contract". They informed me that they were taking action on me for breaking my contract ONLY after I talked to the HR about the spat. They said legally they couldn't fire me, though they could have just said I was without any reason. Missouri you don't have have a reason to fire somebody, which is what they will most likely claim.

 

[las365]

I have filed for unemployment with the knowledge that is not retroactive, I am consulting an attorney on the matter of the written contract. Thank you all.

What you describe is a write-up / performance improvement plan, not a contract of employment.

 

[Betty]

Based on what you posted, I don't see a wrongful termination. You might want to do a google search & read up on at-will employment & wrongful termination.

Here are two links:
http://en.wikipedia.org/wiki/At-will
http://employeeissues.com/wrongful_termination.htm

 

[eerelations]

Again, you were not wrongfully terminated, ergo, you have no case.