What is the name of your state (only U.S. law)? GA
I was a field tech for a company beginning 10/20/08. I was in training for the first 3 weeks. The way it worked after that, I would get dispatches via email or cell phone to a customer location. From 11/10/08 to 1/12/09 I got 4 dispatches. Out of the blue on 1/12/09 I got a call from my mgr issuing me a "Final warning" counseling record, "allegedly", due to customer complaints, which was emailed to me. I signed off on the record & returned with my statements. I got an email the next day from Mr Mgr apologizing for the "confusion", as he does not know whats going on in the field on a daily basis & relies on trusted others to keep him abreast of whats going on, then went on to say that the counseling record was actually due to the length of time it took me to complete jobs, and went on to list the times and the jobs. All the times were wrong! I again responded to his email with the correct information (I had all documentation) and asked if the original counseling record should not be removed.
I forgot to mention in the counseling record he stateted that he was implementing an improvement plan which was to have a more experienced tech come to my city to go on 5 jobs with me then I would have 10 solo and he was giving me a month, and within that timeframe, I should have no customer complaints. (aside-A month! I've had 4 jobs from 11/10/08 to 1/12/09!?!)
OK-so I have a conference call with Mr. Mgr & his secretary, on 1/16/09. I can tell that he is very perturbed that I had all my facts in order & that he was made to look like a fool. To make a longer story shorter, he said that the counseling record stands & to take the remedial action seriously and be thankful for the second chance he was giving me.
On 1/21/09 I get a call from Mr. Mgr's secretary informing me that Mr. Mgr wanted to have a conference call. Well Mr. Mgr informed me that after thinking about it he concluded that we were not "compatible". Essentially, that was it.
So, I know GA is an At Will state like most others and he really didn't need a reason to fire me, but If I interpreted what I read, on this very site, correctly then Mr Mgr created a contract to terminate only for "good cause" with the counseling record and his improvement plan & time frame. I never had an opportunity to take advantage of his improvement plan as he issued the counseling record 1/12 & fired me 1/21, during which time I had no dispatches. What I think I have here is a wrongful termination in violation of an express agreement to only fire "for cause".
I have a copy of the counseling record and the emails as well as recordings of the conference calls.
I was a field tech for a company beginning 10/20/08. I was in training for the first 3 weeks. The way it worked after that, I would get dispatches via email or cell phone to a customer location. From 11/10/08 to 1/12/09 I got 4 dispatches. Out of the blue on 1/12/09 I got a call from my mgr issuing me a "Final warning" counseling record, "allegedly", due to customer complaints, which was emailed to me. I signed off on the record & returned with my statements. I got an email the next day from Mr Mgr apologizing for the "confusion", as he does not know whats going on in the field on a daily basis & relies on trusted others to keep him abreast of whats going on, then went on to say that the counseling record was actually due to the length of time it took me to complete jobs, and went on to list the times and the jobs. All the times were wrong! I again responded to his email with the correct information (I had all documentation) and asked if the original counseling record should not be removed.
I forgot to mention in the counseling record he stateted that he was implementing an improvement plan which was to have a more experienced tech come to my city to go on 5 jobs with me then I would have 10 solo and he was giving me a month, and within that timeframe, I should have no customer complaints. (aside-A month! I've had 4 jobs from 11/10/08 to 1/12/09!?!)
OK-so I have a conference call with Mr. Mgr & his secretary, on 1/16/09. I can tell that he is very perturbed that I had all my facts in order & that he was made to look like a fool. To make a longer story shorter, he said that the counseling record stands & to take the remedial action seriously and be thankful for the second chance he was giving me.
On 1/21/09 I get a call from Mr. Mgr's secretary informing me that Mr. Mgr wanted to have a conference call. Well Mr. Mgr informed me that after thinking about it he concluded that we were not "compatible". Essentially, that was it.
So, I know GA is an At Will state like most others and he really didn't need a reason to fire me, but If I interpreted what I read, on this very site, correctly then Mr Mgr created a contract to terminate only for "good cause" with the counseling record and his improvement plan & time frame. I never had an opportunity to take advantage of his improvement plan as he issued the counseling record 1/12 & fired me 1/21, during which time I had no dispatches. What I think I have here is a wrongful termination in violation of an express agreement to only fire "for cause".
I have a copy of the counseling record and the emails as well as recordings of the conference calls.
Last edited: