• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

advice please? i believe i've been terminated without due process?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

H

handyman4j

Guest
What is the name of your state?What is the name of your state? MA
i was taking digital pictures for several company projects. on 11/2/2004 i went through the pictures on my computer. i needed some for a project and wanted to delete any useless pictures. i noticed the "backside" of a female coworker/friend in one picture, and added a sexually suggestive caption. i thought i had destroyed the file but instead had unintentionally printed the file. it sat in the printer until another employee saw it and took it too her. i had no idea the file had printed or i would have bolted to the printer to retrieve it. :eek:

the next day 11/3/2004 i was called by (3 people) my boss, the ceo of the company, and a part-owner of the company, into an office. i was shown the print, i was shocked and embarrased. i admitted to making the file but said i didn't intend to print it or for it to be seen by anybody and i had destroyed the file. They said they were not sure what would happen but that i should take 11/4 and 11/5 off so the co-worker would not have to see me. i called the coworker and apologized on her voice mail at home. i also apologized to the bosses. :eek:

on monday 11/8 the coworker did not show up for work. at about 12 noon i was called back into my bosses office and told that she could not deal with seeing me at work. i was told to pack up my belongings. i could work at home through november (to help them catch up to speed) at which time i would be terminated. :mad:

i do not believe i should be terminated. i've worked at this office for over 11 years. i have never had any other problems or complaints against me. i had a exemplary work record, and a good relationship with the coworker in question. i have always been a loyal, helpful, responsible worker...saving the company thousands of dollars with careful designs, etc. :(

isn't there anyway i can ask for my job back? isn't this punishment out of line for a first time mistake? any and all suggestions are welcome. thank you for reading about my predicament. :confused:
 


cbg

I'm a Northern Girl
You may certainly ask if you wish. However, your employer has no legal obligation whatsoever to give you your job back. Whether they overreacted or not is irrelevant; unless you have a bona fide contract that specifies under what conditions you can be terminated and this violates it, your termination was legal. You are not entitled by any law to "due process" in employment issues. You are an at-will employee and can be fired at any time, just as you can quit at any time.

If you have any idea in your head that you can legally force the employer to give your your job back, stop thinking it right now. You can't. You have, in fact, no legal recourse at all. As I said, you can ASK for your job back. ALL you can do is ask. If they say no, I'm sorry but you're stuck.

I know this is going to sound harsh. It's honestly not intended that way. It's a professional estimate of your situation. You made a stupid, stupid mistake and you are paying the penalty. That's not illegal. Even if your employer is overreacting (and I'm not saying they are - first mistake or not, this one was a doozy) they are not violating any laws.

BTW, I don't mean to kick you while you're down but just so you get all the bad news at once, it is perfectly legal for your former employer to tell prospective employers WHY you were fired. So if they refuse to give you your job back, you might want to try to negotiate a neutral reference.
 

Beth3

Senior Member
isn't there anyway i can ask for my job back? Can you ask? Sure. Do they have to give it to you? Nope.

isn't this punishment out of line for a first time mistake? The punishment was entirely up to your employer to determine. What anyone else thinks of it is irrelevant.
 

BelizeBreeze

Senior Member
I happen to think the ceo and anyone else involved in your termination did NOT overreact. And I would not have given you the courtesy of continuing employment in any regard.

What you did was put your employer in danger of a civil case of sexual harrassement. Not only that, but your actions of calling the offended person could also land you in court.

You're lucky not to have a boss like me. Otherwise, you'd have been looking for a new job the second the photo was found.
 
H

handyman4j

Guest
thank you

i'm enlightened by all the help from everyone...happy holiday's and may you stay happy, healthy, and hopeful.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top