What is the name of your state (only U.S. law)? Michigan
First, I apologize for the length of the post.
I was just terminated from a new job for "character issues and lack of dedication to the organization". I was a probationary employee and our union contract states that union representation is not provided for probationary employees. The union contract also states that, in reference to probationary employees, "the city manager may remove an employee whose performance does not meet the required work standards". I was employed for 17 work days and was one of thirteen new employees hired at the same time and placed in training together.
During my employment, I had only positive interactions with the training staff and was ranked #2 out of the 13 when it came to class test scores. I was able to meet or exceed their expectations on every written test, skills test, and practical evolution that was conducted. I was not given any evaluations nor at any point did a training staff member indicate I was deficient in any area. In fact, I was selected to be a "group supervisor" and tasked with being the first level of leadership for a group of fellow probationary employees.
The primary reason given for their determination that I was not committed to the organization was based on how I resigned from my previous employer. I was previously employed in the same field, but at an advanced level of responsibility and pay. My previous employer was contacted and provided the details of my resignation as well as an explanation that I was an excellent employee for them. This occurred after I had resigned from my previous job and while I was already employed at my new job. Keep in mind that my new employer had already conducted an in-depth background investigation prior to offering me a job and all information provided was 100% accurate.
The reason provided for the lack of character issues claim is based upon a licensing issue. Upon completion of training (4 months) I would be expected to be licensed at a minimal level by the appropriate body. One week after I started my new job I was advised that I was not compliant with the licensing requirements for a much more advanced position and would need to attend a testing session to resolve the issue. I immediately advised my supervisor of the details, including the deadline for action which was provided to me. I was consistently told that this issue "was no big deal", "we'll take care of it no problem", and "I'll just make a phone call and we'll deal with it". I had six separate communications (verbal and e-mail) with supervisory staff regarding this issue and was told on two separate occasions (one verbal, one e-mail) that they would understand if I chose to "drop" my higher level of licensure as it was not required for employment with them. They did however express a desire to have me maintain my license at the higher level, so I chose to go ahead with the testing. My employer advised me they would set up the appointment. I again relayed the deadline provided to me and the consequence of inaction and was again told they would take care of it. The next week, I was pulled from training and advised I needed to report immediately for the test. I complied and the licensing organization stated that as long as I successfully completed their testing requirements, I would be granted full licensure at the highest level. This process would be completed within 2 weeks and would be completed primarily outside of my scheduled work hours.
After the test, my employer advised that the issue was more significant than they realized and questioned me as to why I did not provide "the entire story". I had provided the full story from day one, so I do not know why they are claiming I withheld information. I have written documentation to prove that I disclosed all the details of the issue to my supervisor 6 days prior being pulled from training. In fact, I had provided those details prior to 4 of the documented communications with my supervisor. It was stated that as a result of being pulled from training, a higher level supervisor would have to become involved. I had 2 meetings with this supervisor totaling 3 hours. I was only asked the same 4-5 questions over and over again. A third meeting was held and during it I was advised that I was being terminated.
I would like to know what recourse I have as far as breach of contract or wrongful termination.
Notes:
I left a more stable, better paying job for this new one.
This is a strong union organization and I previously chose not to join the union of my previous employer (same union, different local). While in the field during my training, I was constantly being asked by the non-probationary employees if I was "that scab" or that "a**4ole" that came from <previous employer>.
The employer suggested I resign from my secondary employment just 3 work days prior to terminating me. It was implied that resigning from that position would eliminate the problem with my licensing. Now, I cannot return to work for them full-time and have no other employment possibilities.
First, I apologize for the length of the post.
I was just terminated from a new job for "character issues and lack of dedication to the organization". I was a probationary employee and our union contract states that union representation is not provided for probationary employees. The union contract also states that, in reference to probationary employees, "the city manager may remove an employee whose performance does not meet the required work standards". I was employed for 17 work days and was one of thirteen new employees hired at the same time and placed in training together.
During my employment, I had only positive interactions with the training staff and was ranked #2 out of the 13 when it came to class test scores. I was able to meet or exceed their expectations on every written test, skills test, and practical evolution that was conducted. I was not given any evaluations nor at any point did a training staff member indicate I was deficient in any area. In fact, I was selected to be a "group supervisor" and tasked with being the first level of leadership for a group of fellow probationary employees.
The primary reason given for their determination that I was not committed to the organization was based on how I resigned from my previous employer. I was previously employed in the same field, but at an advanced level of responsibility and pay. My previous employer was contacted and provided the details of my resignation as well as an explanation that I was an excellent employee for them. This occurred after I had resigned from my previous job and while I was already employed at my new job. Keep in mind that my new employer had already conducted an in-depth background investigation prior to offering me a job and all information provided was 100% accurate.
The reason provided for the lack of character issues claim is based upon a licensing issue. Upon completion of training (4 months) I would be expected to be licensed at a minimal level by the appropriate body. One week after I started my new job I was advised that I was not compliant with the licensing requirements for a much more advanced position and would need to attend a testing session to resolve the issue. I immediately advised my supervisor of the details, including the deadline for action which was provided to me. I was consistently told that this issue "was no big deal", "we'll take care of it no problem", and "I'll just make a phone call and we'll deal with it". I had six separate communications (verbal and e-mail) with supervisory staff regarding this issue and was told on two separate occasions (one verbal, one e-mail) that they would understand if I chose to "drop" my higher level of licensure as it was not required for employment with them. They did however express a desire to have me maintain my license at the higher level, so I chose to go ahead with the testing. My employer advised me they would set up the appointment. I again relayed the deadline provided to me and the consequence of inaction and was again told they would take care of it. The next week, I was pulled from training and advised I needed to report immediately for the test. I complied and the licensing organization stated that as long as I successfully completed their testing requirements, I would be granted full licensure at the highest level. This process would be completed within 2 weeks and would be completed primarily outside of my scheduled work hours.
After the test, my employer advised that the issue was more significant than they realized and questioned me as to why I did not provide "the entire story". I had provided the full story from day one, so I do not know why they are claiming I withheld information. I have written documentation to prove that I disclosed all the details of the issue to my supervisor 6 days prior being pulled from training. In fact, I had provided those details prior to 4 of the documented communications with my supervisor. It was stated that as a result of being pulled from training, a higher level supervisor would have to become involved. I had 2 meetings with this supervisor totaling 3 hours. I was only asked the same 4-5 questions over and over again. A third meeting was held and during it I was advised that I was being terminated.
I would like to know what recourse I have as far as breach of contract or wrongful termination.
Notes:
I left a more stable, better paying job for this new one.
This is a strong union organization and I previously chose not to join the union of my previous employer (same union, different local). While in the field during my training, I was constantly being asked by the non-probationary employees if I was "that scab" or that "a**4ole" that came from <previous employer>.
The employer suggested I resign from my secondary employment just 3 work days prior to terminating me. It was implied that resigning from that position would eliminate the problem with my licensing. Now, I cannot return to work for them full-time and have no other employment possibilities.