Possible Wrongful Termination

Indiana


In August I was fired from my job after 4 years. In 4 years i had only been written up twice the second time was when i was fired. I was a salary employee. our hand book stated that if you receive 2 write up within a year you could get a 3 day suspension on 3 write ups with in a year you could be terminated. my 2nd write up i was terminated. that being said i filled unemployment and was denied. I appealed and beat my former employer. the unemployment ruled i was terminated for un just cause. i have had alot of people tell me i should contact a lawyer. DO I HAVE A CASE?

A case of what? Beer? Wine? Lugnuts?
Winning a UC appeal has nothing to do with a wrongful termination.
And from your post, neither does your firing.

Somehow or other, a great many people seem to have gotten the idea that if they get UC benefits, it means they were wrongfully terminated.

It means nothing of the kind. There are thousands of people who are receiving UC benefits and who were legally terminated.

The UC board does not determine, and is not charged with determining, whether a termination was legal or not. They don't care. ALL they care about is whether or not you were or were not termed for a reason that disqualifies you for benefits.

It doesn't matter what the handbook says. Unless you have a CONTRACT (an employee handbook is NOT a contract) that specifies you have to have three writeups before you can be terminated, the employer can legally term you with NO writeups.

I'd bet if you REALLY read that handbook carefully, it would indicate somewhere, something along the lines of, "this handbook is not a contract, and management is free to change the polciies at any time with or without notice," and it probably also states in relation to the disciplinary policy, "this policy is merely a guideline. Managers are free to take more severe disciplinary action at any time they deem more severe discipline appropriate." It would be very rare if these two statements were not included somewhere in that handbook. Even if they aren't, as already stated, a handbook is NOT a contract and your employer is free to do whatever they choose.

SuzieWahoozie said:

I'd bet if you REALLY read that handbook carefully, it would indicate somewhere, something along the lines of, "this handbook is not a contract, and management is free to change the polciies at any time with or without notice," and it probably also states in relation to the disciplinary policy, "this policy is merely a guideline. Managers are free to take more severe disciplinary action at any time they deem more severe discipline appropriate." It would be very rare if these two statements were not included somewhere in that handbook. Even if they aren't, as already stated, a handbook is NOT a contract and your employer is free to do whatever they choose.

Click to expand...

Not to mention a little blurb on the inside of the back cover I'm finding more and more these days...

"made in Japan"