Wrongful Termination/Owed Wages/Discrimination

[KPatterson]

Las Vegas NV


I was terminated for my attendance. I was hired early September and worked for 3 weeks. I was written up only once for attendance due to my son being sick, I was warned by management that the district manager was a racist because of the tattoo on his hand. On one occasion where I had to be rushed to the emergency room because I was coughing up blood and had torn tissue in my throat. I came to work the next day and had a “Doctor’s Note” and I was excused by my management team. Then I have a 5 year old son that is very asthmatic and he had to go the doctor on many different occasions and I informed my manager RJ that I would be late coming in and they excused me for that, I brought his doctor note to my Employer and I to was excused for being late. I met the District Manager . I had a personal meeting with him about my attendance problems, but I told him that I have a son with breathing problems and he “Chuckled” at me in front of the staff at “XXX” AND I WAS VERY EMBARASSED. He was very unprofessional on how he re-acted towards me. On top of that I was the only African American working at XXX. I noticed that the district manager has a tattoo of a “SWAZTICA” tattooed on his right hand located between his thumb and his index finger.

The day of payday I was told I was 86ed from the property and that my paycheck was being mailed to me. I never recieved the check almost a week and a half. Management claimed the check was en route from ups but will not give me a tracking number nor payroll number to get furthe information about MY money. it is OCT 11th 2009 and i STILL havent gotten paid my wages owed to me.

 

[cyjeff]

Las Vegas NV

I was terminated for my attendance. I was hired early September and worked for 3 weeks. I was written up only once for attendance due to my son being sick,

There are very few employers that would not terminate an employee that was already missing work within the first three weeks of employment.

So far, legal.

I was warned by management that the district manager was a racist because of the tattoo on his hand.

Uh huh.

Take their names and the name of the company out of your post.

What direct knowledge of racism do you have? After all, your managers, and not the district manager, fired you, right?

On one occasion where I had to be rushed to the emergency room because I was coughing up blood and had torn tissue in my throat. I came to work the next day and had a “Doctor’s Note” and I was excused by my management team. Then I have a 5 year old son that is very asthmatic and he had to go the doctor on many different occasions and I informed my manager that I would be late coming in and they excused me for that, I brought his doctor note to my Employer and I to was excused for being late

So, in three weeks, you actually missed several days of work and were late a number of times.

There is not an employer on the planet that would have kept you.

I met the District Manager. I had a personal meeting with him about my attendance problems, but I told him that I have a son with breathing problems and he “Chuckled” at me in front of the staff at “XXX AND I WAS VERY EMBARASSED.

Uh huh... not illegal.

He was very unprofessional on how he re-acted towards me.

There are those that say not showing up for work on time is also unprofessional.

The employer does not have to give you an out for missing work... even if.

On top of that I was the only African American working. I noticed that the district manager has a tattoo of a “SWAZTICA” tattooed on his right hand located between his thumb and his index finger.

Uh huh.

Not illegal.

Not something I would have gotten. Not something I would want on the hand of an employee that I would hire... but not illegal.

The day of payday I was told I was 86ed from the property and that my paycheck was being mailed to me.

Just because you got termed doesn't mean that there was a racial component.... it was, far more likely, the fact that you seemed to have a problem showing up for work.

I never recieved the check almost a week and a half. Management claimed the check was en route from ups but will not give me a tracking number nor payroll number to get furthe information about MY money. it is OCT 11th 2009 and i STILL havent gotten paid my wages owed to me.

Then contact your states Department of Labor and tell them.

Nothing you have said is going to hold up....

 

[commentator]

The employer can certainly let you go for excessive absenteeism or tardiness, particularly if you are in the very beginning of your employment with them.

Your only alternative here is to file for unemployment benefits. If you actually had a doctor's statement for the last absence, which triggered the termination, you might stand a chance of being approved. Your monetary eligibility (according to wages) would be based on where you have worked and how much in the last 18 months or so, not this last employer. Did you receive any warnings, or was there an absence policy, and did you call in appropriately each time you had an incident of being tardy or out due to either your or your son's medical issues?

Since you do not qualify for FMLA or any such protection until you have been with a company at least a year, you can be terminated, even if you have the best medical excuse in the world. Businesses are all about having employees that show up, regardless of their home situation. In other words, they do not care about people's personal situations, they care about their business making a profit.

I'm not picking up on any overt or implied racism anywhere in this situation.

If your check has been too long in coming, as someone else suggested, contact the Wage and Hour section of your department of Labor. You do not have to wait until you get your last check in order to file for unemployment benefits.