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Unfair Dismissal? (good story - would appreciate some help)

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johblobb

Junior Member
I started a job with an insurance firm a month ago. I worked hard from the outset - proving to be a strong and dedicated employee. I was not given a contract though... the owner of the small insurance firm continuously told me they were writing it up and would have it for me to sign asap. I never received it. Two weeks ago I was given a free ticket to go to a country on the other side of the world for my long term boyfriend's brother's wedding. Before accepting I asked for permission from my boss who said I could take it but I wouldn't be paid for the week I was gone (I took no hols over xmas btw).

I returned to work yesterday only to be told that things had been very busy while I was gone and that I wasn't 'cut out for a job in insurance'. As a result they 'didn't think' I should be working there anymore. I was never directly fired and I was asked to leave the office after only being there an hour having returned this morning.

My two questions are as follows:
1) Is this unfair dismissal? I have two payments made to my bank account already and proof by email that they hired me (no official contract though) and also an email saying they were giving me permission to go away for my brother's wedding. This was a full time job from the get-go and no grace period or training period was mentioned.

2) Do i have a right to request payment for each day I try to go to work until I am given a letter of dismissal. I also want them to justify my summary dismissal in the letter (which I hope may be used against them in a possible case of unfair dismissal).

This is a small start-up based in connecticut.

I would really appreciate some help from someone on this one. Thank you.
 


cbg

I'm a Northern Girl
"Unfair dismissal" is not a legal concept. If you are asking whether or not your termination was illegal - a "wrongful dismissal" - it was not. It may or may not have been unfair, but the law does not prohibit unfair. You can be legally fired for any reason not specifically prohibited by law. Nothing you have posted suggests that you have any legal recourse except to file for unemployment.

You did not mention your state and there is a reason we ask for it. NO state requires an employer to give you a letter of dismissal at termination. (GA, and only GA, requires that you be given a form with such information on it that is used for UI purposes, but that is not quite the same thing.) A small handful of states requires that you be given, on WRITTEN REQUEST, what is called a "service letter" which provides the dates you were employed and depending on the state may or may not include the reason for termination. Most states do not require that you be given anything at all. But in NO state are you entitled to pay beyond the last day that you actually worked, regardless of reason, unless you have a legally binding contract, policy or CBA that SPECIFICALLY says otherwise.
 

cbg

I'm a Northern Girl
You're right; I missed that and I apologize.

CT does not require that you be given any kind of service letter.
 

Beth3

Senior Member
1) Is this unfair dismissal? I have two payments made to my bank account already and proof by email that they hired me (no official contract though) and also an email saying they were giving me permission to go away for my brother's wedding. This was a full time job from the get-go and no grace period or training period was mentioned. It may have been unfair but it wasn't illegal. Since you were an employee "at will," they could let you go at any time for any reason except a specifically prohibited reason.

2) Do i have a right to request payment for each day I try to go to work until I am given a letter of dismissal. I also want them to justify my summary dismissal in the letter (which I hope may be used against them in a possible case of unfair dismissal). Of course you can ASK but they'll think you have a screw loose. They don't have to give you anything in writing in order to formalize your termination.

Unless they guaranteed you employment for a specific length of time when you were hired, then you have no claim to bring.

I returned to work yesterday only to be told that things had been very busy while I was gone and that I wasn't 'cut out for a job in insurance'. As a result they 'didn't think' I should be working there anymore. I was never directly fired and I was asked to leave the office They told you they didn't think you should work there any longer and asked you to leave. I don't know how much more direct they could have been.
 

swrdmbo

Member
The fact that you are even considering showing up to try to work so that you may request payment, after they specifically told you they don't want you there, tells me that a lot.

Seriously, give it up. There is NO upside for you in this.
 

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