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Wrongfull Termination possibly ? Right to hold check ? Need advice

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scorpnet

Junior Member
Michigan -


I started working for this company in the early weeks of May. They hired me as a Service Technician.

My job was to repair computers brought in to the store, and to go on service calls to repair computers and equipment to various business clients.

I was hired to replace a tech who was leaving for another job.
I had found out later, that they hired a another tech, a week before me, to do the same job, and that this guy was the Owners friend.

They also hired a college student a week or two before me to do in-house Labor/tech/various other jobs around the store.

Now I dont want to accuse anyone or point fingers, but I do have to point out that the college student was lazy. Took him all day to assemble a computer, did not understand that some sides of cases don't fit others, and sat around browsing his computer when he wasn't assigned to do anything. Management didn't seem to care.

The days that there were no computer work, or service calls they sent me home earely ( 2 days total of when I was working there) The days that there were, I did mostly in house computer repair, and had the owners friend do Most of the service calls himself. I did a total of 2 on my own. I had told them during my interview and when I started working there, Home Improvement type stuff ( mounting screens, putting in switches, building electrical work etc etc) Was not my expertise as I had no experience and am not qualified to do so. I am good at fixing computers and printers.

They had me do mostly in house work, Moving Couches, Show-Cases, running cable while I was working there.

The last day I worked there the events happened were not proper in my eyes.
First off, the owner wanted me to hook up the Conference room Computer to the Stereo system so they could hear sound in the conference room. No problem I said. Hooked all the cables without an issue, but the unit itself had no way to switch to the Auxiliary input. I told him that, needed the remote. He was only one who knew where remote was. He pleaded the fact that, if its not on the unit it is not designed to do it. I told him it can, and he was wrong ( very nicely in a professional way.) He got very frustrated, tore the office apart, tore his desk apart, and rushed and handed me the remote. Press one button I did and it worked just like that.

Then he asked me to make a network drop into a phone drop, well if any of you know anything about networking, there was lots of cables going down to that drop, I needed to locate the right cable. That involved bringing the network down, or even 1 computer at a time, which would impact others employees working, especially the web developers. Which they said they could not go without internet for a second. I proceeded to tell him it was a weekend job, that locating the right cable would require bringing down the network and disrupting the other workers jobs.

Also, LCD Mounts needed to be mounted on the wall, The owners friend, who was working on it, discovered that some type of Drywall Mount had to be bought ( I still do not know what he was talking about) The boss said I could have gone out and bought it. How so I asked, I'm not authorized to buy anything via company credit card I have no money to my name, and I have no idea of what, Drywall part needed to be bought.

That day 2 service calls came in the morning. The owner had his friend do them both and me sit around doing various labor tasks.

It seems to me, they hired me to do a job, which the friend got to do, and he had me do everything I am not knowledgeable to do. It seemed to me the owner was looking for an excuse to fire me the day they started. That day when I told him those two things couldn't be done yet, and I made him frustrated with the stereo unit is the reasons he let me go. One day of not being productive.

Now, payday is on the 3rd of every month. I called on the third asking when my check was coming. They first tried to say, I never recorded my hours. which I told them, I used the time clock on the servers. They said would be mailed in a day or two. Its the 9th, Called them today, claiming They are now holding my check due to the fact that I ordered the wrong part on one of my two service calls.

I have worked with HP for a couple years, I know where to look for a part. I checked, Double checked, Triple checked that part. I had their head technician consult with me on the part before I ordered it. I got his Okay to order it. The cost of the part ~$25 with shipping. I remember I had to send the sheet over to sales. Their charging me ~$45 for it, and withholding my check until I agree to it and we go over my hours.

Do I have a case, or am I just the subject of bad-luck ? Any help would be appreated. Thanks
 


commentator

Senior Member
If they had wanted to, they could have walked in and said, "Hit the road. We don't like your hair color." An employer can let you go at any time, for any reason.

But call them back, inform them that if you do not receive your check, you will report them to the Wage and Hour department in your state. It is not acceptable for them to hold a pay check to force you to pay for something they said you owe them. So then call and report them. Discuss this with the Wage and Hour people. THey should be able to get you paid. How they get the $45 out of you is something else, but it can't be docked from your last paycheck, I do not believe. Someone else here can probably tell you much more.

If you have been working anywhere else during the past 18 months, in other words, have wages from covered employers in the base period, you can file for unemployment insurance based on your separation from this employer and probably have a pretty fair chance of approval. But other than that, there's no "wrongful termination" involved. Unfair termination maybe yes, but not something you can sue over.
 
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pattytx

Senior Member
They cannot deduct for an honest "mistake" unless you agree to the deduction in writing. Don't. File the claim for unpaid wages immediately.
 

justalayman

Senior Member
Then he asked me to make a network drop into a phone drop, well if any of you know anything about networking, there was lots of cables going down to that drop, I needed to locate the right cable. That involved bringing the network down, or even 1 computer at a time, which would impact others employees working, especially the web developers. Which they said they could not go without internet for a second. I proceeded to tell him it was a weekend job, that locating the right cable would require bringing down the network and disrupting the other workers jobs.
a hint for future work.

check all your activity lights on your switches/hubs either with a comp. connected to that specific terminal jack or not. Then either remove the computer (or hook one up if there wasn't one in the first step) and check your switch/hub activity lights. You will find one that either went from activity to none or vice versa and there is your cable.

Not 100% but it has rarely failed me.

or, since an ethernet connection uses pins 1,2,3,and 6, you can connect a toner to 4,5,7,or 8 and track the cable that way.
 

Betty

Senior Member
Just to clarify, an employer can let you go at any time for any reason *except* a reason prohibited by law (ie age, religion, gender) or unless you have a binding employment contract or CBA to the contrary.

File for UI as suggested.
 

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