Manager956
Junior Member
What is the name of your state? Texas
Background: I was the HR Manager for this company for a little over 1 year.
I managed there three business locations, as there HR, over 250 employees.
Was I wrongfully terminated?
On Friday and Sat. I was off because I was to come in and work on Sunday Manager on Duty, which I did.
On Monday Dec. 6, I was called over by my boss.
She asked me "why I had not filed some paperwork away that was on my desk."
I replied telling her that, I was supposed to have put it away on Sunday but I had noticed my folder was missing or someone had taken it and that I knew I had left it inside my desk.
Info: On Sunday mornning I noticed that my desk was unlocked and my things were moved around in my desk and that folder was missing.
She replied " that does not matter." She asked me the question again.
I answered that I had alphabatized the paperwork so I could of had put it away on Sunday. I also told her that paperwork was from that same week. That paperwork was from employees who had worked with the company for the last 5-10 years and that were never given an employee handbook of our polices and there was no acknowledgement that they had understood or gotten that handbook. Meaning that we would loose an unemployment appeal because these employees never had acknowledged that they knew the company polices.
She replied " that does not matter." She then said, "I am sorry but I am letting you go. "
I replied, if she had something in writing or some paperwork she could give me proving/showing why she was terminating me.
She replied " No, I do not have any paperwork for you. Can you give me my keys and give me the passwords for everything you have access to?"
I gave her the info she requested.
She then escorted me to my office where she gathered my things together.
Note: After she had terminated me:
Then she continued by going through my personal baggage and personal briefcase which I bought with my money. She went through all my paperwork and some personal belongings and took them out, which some she kept because they had company information.
Then I exited the building, after she had searched through my belongings like I was a criminal.
Was this unlawful termination or retaliation and was this legal for her to do (See below)?
Prior to this, I had filed unemployment from Nov. 20- Nov. 28 for Lay-off time (which I have the memo for).
I returned back to work on Mon. Nov. 29. On Wed. Dec 1 that same week she was notified that I had filed unemployment. I was questioned about it and I told them because of the lay off.
On the following day, Thurs my boss did not even cross a word with me, being that our offices are together. Fri and Sat I was off and returned Sunday to work Manager on duty.
Recall: What a coincedence, on Monday she terminated me?
On Wed of that week I was supposed to have taken my week of vacation which she signed(that paperwork I have as well).
The company was/is not doing so good. That is why I was among some of the ones who was laid off. Oct and Nov the company had not made any revenue instead we were at a negative. Dec apparently looked even worse and so they are/were thinking of Laying off again.
For Info:
Around the beginning of the year the Labor Department did an audit because the previous HR manager filed that she had not gotten paid for overtime she worked while being on salary. The labor department ruled in her favor and we ended up paying back pay to several other managers, including her. Approximately during that time, my boss, asked all salaried managers not to clock in and out (that memo I have).
Apparently about 2 months ago I was put on hourly rate. What a coincedence, around the same time we were doing bad as a company?
Not only that but they did not go back and pay me for the overtime I put in for the months of Jan - Sept that I was on salary, and they told me because of the audit I had to be put on Hourly Pay, 8 months after the audit.
I do not have paperwork to prove of the overtime hours I worked during these months because that paperwork was among some of the paperwork she took while going through my briefcase, and of course she asked me not to register my times.
A quick note: I had worked for this company on and off for 5 years and never before had I gotten a memo/verbal. These are the only memo's/verbals given to me or that I have in my while being there with the company.
1. On June 23, 2004 I was given my job description; 8 months after being on the job as there HR. On that same day, June 23, 2004 she gave me my evaluation, where she listed some concerns she had regarding my job performance, which they were all negative, not one single good thing.
2.On June 29, 2004 I was given a memo concerning a privacy issue.
Just some background: On a previous day of that week I had gone over to one of the properties because I needed to fax over some info concerning a worker's comp status. I needed to fax it over to them because if not we could have assesed a fine of $5,000 for not given that info. The HSKP Manager was out on vacation till the following week. I then went to locate the person left in charge, which was her supervisor. I let her know what I needed, where the info was located because the HSKP mgr had once shown me where it was. She went with me to the office where we came across the mgr's desk and the filing cabinet was wide open. I pointed out which file it was, the supervisor gave me permission, I got the paperwork, got a copy, and put it back while being witnessed by the Supervisor the whole time.
On that memo my ex-boss stated: "No one is authorized to search another associates desk unless you have their permission to do so."
Doesn't this go against her own polices?
When she went unlocked my desk and went through my desk! Though, this policy is not even in our employee handbooks.
3. On Nov. 15 she gave me a memo stating employee records.
She wrote that I did not complete two of the employee files I-9 forms and that I did not get copies of their ID's.
I explained to her, that first of all the I-9 forms did not require for us to attach copies of the documents that they present and that I could not fill out the forms because the documents were not presented to me and therefore I could not attest that I had seen them.
I also told her that those files had been through so many hands. They were completed by someone else, they were given to someone to bring them over to the main property, they handed them to our payroll represenative, then our controller and then the were filed. I was never told that these two individuals had been hired and therefore I was never made aware that they needed information or for me to review them.
Also, I did not have all employee files within immediate access because they kept some of the files elsewhere.
I truly hope there is some way you all can help me. I was hoping to file unemployment for my termination for this workplace tommorrow, but I was not sure what to write on the reason why they terminated me. They are also known to add additional paperwork, that is never presented to an employee, so they could win an unemployment appeal.
Background: I was the HR Manager for this company for a little over 1 year.
I managed there three business locations, as there HR, over 250 employees.
Was I wrongfully terminated?
On Friday and Sat. I was off because I was to come in and work on Sunday Manager on Duty, which I did.
On Monday Dec. 6, I was called over by my boss.
She asked me "why I had not filed some paperwork away that was on my desk."
I replied telling her that, I was supposed to have put it away on Sunday but I had noticed my folder was missing or someone had taken it and that I knew I had left it inside my desk.
Info: On Sunday mornning I noticed that my desk was unlocked and my things were moved around in my desk and that folder was missing.
She replied " that does not matter." She asked me the question again.
I answered that I had alphabatized the paperwork so I could of had put it away on Sunday. I also told her that paperwork was from that same week. That paperwork was from employees who had worked with the company for the last 5-10 years and that were never given an employee handbook of our polices and there was no acknowledgement that they had understood or gotten that handbook. Meaning that we would loose an unemployment appeal because these employees never had acknowledged that they knew the company polices.
She replied " that does not matter." She then said, "I am sorry but I am letting you go. "
I replied, if she had something in writing or some paperwork she could give me proving/showing why she was terminating me.
She replied " No, I do not have any paperwork for you. Can you give me my keys and give me the passwords for everything you have access to?"
I gave her the info she requested.
She then escorted me to my office where she gathered my things together.
Note: After she had terminated me:
Then she continued by going through my personal baggage and personal briefcase which I bought with my money. She went through all my paperwork and some personal belongings and took them out, which some she kept because they had company information.
Then I exited the building, after she had searched through my belongings like I was a criminal.
Was this unlawful termination or retaliation and was this legal for her to do (See below)?
Prior to this, I had filed unemployment from Nov. 20- Nov. 28 for Lay-off time (which I have the memo for).
I returned back to work on Mon. Nov. 29. On Wed. Dec 1 that same week she was notified that I had filed unemployment. I was questioned about it and I told them because of the lay off.
On the following day, Thurs my boss did not even cross a word with me, being that our offices are together. Fri and Sat I was off and returned Sunday to work Manager on duty.
Recall: What a coincedence, on Monday she terminated me?
On Wed of that week I was supposed to have taken my week of vacation which she signed(that paperwork I have as well).
The company was/is not doing so good. That is why I was among some of the ones who was laid off. Oct and Nov the company had not made any revenue instead we were at a negative. Dec apparently looked even worse and so they are/were thinking of Laying off again.
For Info:
Around the beginning of the year the Labor Department did an audit because the previous HR manager filed that she had not gotten paid for overtime she worked while being on salary. The labor department ruled in her favor and we ended up paying back pay to several other managers, including her. Approximately during that time, my boss, asked all salaried managers not to clock in and out (that memo I have).
Apparently about 2 months ago I was put on hourly rate. What a coincedence, around the same time we were doing bad as a company?
Not only that but they did not go back and pay me for the overtime I put in for the months of Jan - Sept that I was on salary, and they told me because of the audit I had to be put on Hourly Pay, 8 months after the audit.
I do not have paperwork to prove of the overtime hours I worked during these months because that paperwork was among some of the paperwork she took while going through my briefcase, and of course she asked me not to register my times.
A quick note: I had worked for this company on and off for 5 years and never before had I gotten a memo/verbal. These are the only memo's/verbals given to me or that I have in my while being there with the company.
1. On June 23, 2004 I was given my job description; 8 months after being on the job as there HR. On that same day, June 23, 2004 she gave me my evaluation, where she listed some concerns she had regarding my job performance, which they were all negative, not one single good thing.
2.On June 29, 2004 I was given a memo concerning a privacy issue.
Just some background: On a previous day of that week I had gone over to one of the properties because I needed to fax over some info concerning a worker's comp status. I needed to fax it over to them because if not we could have assesed a fine of $5,000 for not given that info. The HSKP Manager was out on vacation till the following week. I then went to locate the person left in charge, which was her supervisor. I let her know what I needed, where the info was located because the HSKP mgr had once shown me where it was. She went with me to the office where we came across the mgr's desk and the filing cabinet was wide open. I pointed out which file it was, the supervisor gave me permission, I got the paperwork, got a copy, and put it back while being witnessed by the Supervisor the whole time.
On that memo my ex-boss stated: "No one is authorized to search another associates desk unless you have their permission to do so."
Doesn't this go against her own polices?
When she went unlocked my desk and went through my desk! Though, this policy is not even in our employee handbooks.
3. On Nov. 15 she gave me a memo stating employee records.
She wrote that I did not complete two of the employee files I-9 forms and that I did not get copies of their ID's.
I explained to her, that first of all the I-9 forms did not require for us to attach copies of the documents that they present and that I could not fill out the forms because the documents were not presented to me and therefore I could not attest that I had seen them.
I also told her that those files had been through so many hands. They were completed by someone else, they were given to someone to bring them over to the main property, they handed them to our payroll represenative, then our controller and then the were filed. I was never told that these two individuals had been hired and therefore I was never made aware that they needed information or for me to review them.
Also, I did not have all employee files within immediate access because they kept some of the files elsewhere.
I truly hope there is some way you all can help me. I was hoping to file unemployment for my termination for this workplace tommorrow, but I was not sure what to write on the reason why they terminated me. They are also known to add additional paperwork, that is never presented to an employee, so they could win an unemployment appeal.
Last edited:
