• 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.

personal firing...

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

L

larryf5150

Guest
Pennsylvania

I was fired from my position as a bartender / bar manager at a high end private country club. I was unaware of my rights. I applied for unemployment, my general manager tried to deny the claim and was caught in a lie. The claim was put through. Its been 6 months and I've been constantly sending out resumes.....over 10 years of experience. Not one call back. They would be excited until they called him for a reference. He fired me several weeks after he got his long term contract. I had reported him several months earlier for gross misconduct. When he fired me.....it came down to this " Larry, what it all boils down to is you talked to the wrong people." No explanation....I still don't know what I was fired for. Never any complaints from my customers....only praise. Now 6 months later....unemployment ran out and as long as I keep getting bad references.... I can't find a decent job.
Am I a victim of statute of limitations? I was a good employee, and he had a personal beef with me and waited until he got his contract to fire me, then the board of directors had no say. He's lied to former co-workers and has made it impossible to get a job in my field.....I've even lost opportunities out of state because of his bad references.
 


BelizeBreeze

Senior Member
Nothing in your posts suggest a reason for civil action against your former employer. He is entitled to his opinion of you as an employee as well as your opinion of him as an employer. Also, simply winning a UC claim does not, in itself, give rise to any legal action.
 

cbg

I'm a Northern Girl
Bad references are not illegal. An employer is entitled to give his honest opinion of an employee, even if it is negative and even if it results in the employee not getting a job.

It's only illegal if the reference is a LIE. Not a differing opinion, not a misunderstanding, not jumping to conclusions, but a LIE. "Larry was fired for stealing" is a lie (unless, of course, you actually were fired for stealing! :) ). "I didn't think Larry was a good employee" is an opinion. Opinions are protected. Lies are not.

The burden of proof would be on you to show not just that the reference was a lie, but that "but for" this reference, you would definitely have gotten the job.
 
L

larryf5150

Guest
Shouldn't I know why I was fired?

Shouldn't there be a good explanation for termination other than....."You talked to the wrong people..." and then not backing that up. He did lie, he told the individual from the unemployment office that I was let go for leaving early without telling him. As a manager, I'm not required to report to him. I saw to it that the shift was properly covered. I notified the other floor manager in the restaurant that I was ill and was leaving two hours early. He wasn't even in the building. He was caught by me stealing alcohol, was constantly intoxicated during work, had charges erased from his bill. Called a female employee and harassed her at 2 in the morning (5 times), she then called me and I stood by her side when she reported him to the board of directors, when she didn't file charges for fear of losing her job, I was seen as the trouble maker. He lied to members of the club why I was fired, claimed that I was giving drinks away....as a bartender I worked on commission, that allegation is ridiculous. During my dismissal, he told me if I was unhappy as a bar manager and just wanted to bartend, I should've come to him. I had gone to him on two separate occassions and requested to be switched, he said no. If this wasn't a personal issue, why did he wait until he had his contract to fire me? He had the executive chef call me the night before and try to get me to "bad mouth" him , which I did not.....the chef did and there was a witness to this and yet he was not dismissed. Everyone is entitled to an opinion, but when his opinion is not based on my work performance, but rather a personal grudge......then what rights do I have.
 
L

larryf5150

Guest
what constitutes a civil action?

He's lied to former customers(potential employers and references), he's lied to me (during the dismissal), he lied to the UC worker and was caught in a lie by her. His references as an employer were not based on my performance, they were based on his grudge against me. How is that fair to me? As long as he gives out bad references ... I will not be hired anywhere. Isn't that some type of professional misconduct? I have over 10 years of experience in my field with this last one being the most prominent and lengthy. It is this reference that that has been taken into consideration by potential employers.
 
Last edited:

cbg

I'm a Northern Girl
Ethically, should an employer tell you why you're being fired? Of course they should.

Legally, is an employer REQUIRED to tell you why you're being fired? No, they are not.

It is NOT illegal for him to fire you for personal reasons. The law does not say that everything in your employment history has to be fair.

Larry, do you KNOW that he is lying to prospective employers? Not surmise, not making a logical assumption based on the reactions, but KNOW? And if so, EXACTLY what is he saying?
 
L

larryf5150

Guest
So....I'm out of luck everyway?

Since the wrongful termination without reasonable cause, I've lost an apartment, was forced to put off purchasing a home, have lost most friends(former co-workers) who have been discouraged from associating with me by the manager in question, All I know is that he has said he would not re-hire me(which is a no-brainer if he fired me), he replaced me with a woman who was fired for stealing from a former employer. I moved to this area because of this job, now unable to gain equal or greater employment because of his bad references, I've been put on anti depressants, and have lost all financial stability. I went from $3300 after taxes, to just under $1100 on UC which have ended. He wanted to fire me when I reported his misconduct, but waited until he was given a contract stipulating his control over personnel. I'm not looking to make trouble .... I just want to get on with my life and return to making a decent living. The mental anguish alone is driving me crazy. Why won't this guy let me move on.....he's taken this personal grudge against me. I know he's lied.....it's been proven. He's lied to former co-workers with regards to my dismissal.
 
L

larryf5150

Guest
what he is saying....

I've seen him handle a similar situation, he told a prospective employer...."I can't say anything about the employee because of laws, however I can answer the million dollar question. Would I re hire? The answer is no." The simple fact that he has to address the conversation in this manner says he wants to slander. I was reccommended to look into personal injury.....I despise frivolous lawsuits and believe they are ruining this country. But in this case.....am I eligable? I was fired without good reason and can prove beyond a shadow of a doubt that there is reason for him to take this to a personal level far away from anything professional.
 

BelizeBreeze

Senior Member
I have read this thread several times and the ONLY consistant is that Larry is making excuses, trying to find SOME reason why he can blame the previous employer for his not finding a new job, losing his apartment and all the world's evils.

Well Larry, tough. I've not lived 50 years and been fired from 5 jobs, some in a ball of flames, to get where I am now sitting on the internet whining. Yes, it may not have been fair. It may not be right. But crap happens. And people don't get along.

I was fired from a newspaper twice in the same year because I told the Publisher to 'F** OFF'. Two years later that newspaper was sold. And when I walked back in the door and the publisher stood up to throw me out I told him to get his fat ass out of MY newspaper.

Now get off your ass, re-type your resume to reflect 'personal differences' with that employer and when asked, tell your interviewer that yes, you did win the UC appeal but you'd rather move on with your life and find a position that will allow you to help your employer excel.

And QUIT making excuses.
 
L

larryf5150

Guest
You're right ....

You're right....thanks. Its a shame that he got away with firing me for no reason other than being a poor excuse for a human being. But now it's time to move on and make a million.......thanks again for the motivational speech.
 

BelizeBreeze

Senior Member
larryf5150 said:
You're right....thanks. Its a shame that he got away with firing me for no reason other than being a poor excuse for a human being. But now it's time to move on and make a million.......thanks again for the motivational speech.
Well damn. You're welcome.

Write when you get back to work.
 

Find the Right Lawyer for Your Legal Issue!

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