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Wrongful Termination? Please Help If You Can...

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actionbob

Junior Member
What is the name of your state (only U.S. law)? Kentucky

I was fired today. It's a long story, so keep your hands and arms inside the railing until the ride comes to a complete stop. :)

I have worked for this company for approximately 3 years. My hire date was in September of '07. Back in September of 2009, the company produced a new Employee Handbook. Our handbook has a page in the back that each employee must sign, saying that you agree to any and all rules in the new revision. I signed the page when I was hired in September of 2007. However, for whatever reason, my department did not receive the new revision that came out in September 2009, therefore, I did not sign that document on the new revision. I am certified by the state of Kentucky with a concealed carry deadly weapons license. Some of my co-workers also have this license. It was not uncommon for us to enjoy some time at the range after work. It was one of these co-workers who brought to my attention that there was a rule in the new employee handbook that said no weapons are allowed on the property, even in a personal vehicle. Kentucky state law prohibits this. This is the state law.

KRS 237.106 Right of employees and other persons to possess firearms in vehicle -- Employer liable for denying right -- Exceptions.

(1) No person, including but not limited to an employer, who is the owner, lessee, or occupant of real property shall prohibit any person who is legally entitled to possess a firearm from possessing a firearm, part of a firearm, ammunition, or ammunition component in a vehicle on the property.


When I researched the law, and found that what they were doing was illegal, I had a meeting with our HR representative. I printed out the page from our handbook, and printed out the law. During our meeting, I explained to her that it was against the law for the Company to do this, and I asked her to change it in the book. She said, and it's quoted because it is exact, "well, we own the property and we can do whatever we want, and make whatever rules we want." I told her that it wasn't about rules, that they were in clear violation of the law. She said she would have to check into it and would get back to me. After not hearing anything for a week, I sent her an email and asked her what was going on. She called me to her office, and said that after checking into it, I was right, but they weren't going to change the books because they just made them, and not to tell anyone, because they didn't want anyone to know. I told her that by not changing the book, and letting everyone know, they were still breaking the law. She said they would look into it. That was the end of it, or so I thought.

2 weeks ago, on a Thursday at about 3:00pm, I found out that I would be traveling to all of our 6 outer offices, to deliver laptops and give training on some new software. Since My personal vehicle is a small pickup truck, My Manager suggested that I get with the Fleet Manager and see if he had an extra vehicle that I could use, either a Cargo Van or an SUV. I immediately went and caught the Fleet manager in the hallway, and asked him if he had an extra SUV I could use for a week, because I would be traveling. He said that he did, and he wanted to know when I needed it. I told him I needed it now, because I was heading to an office the following morning and would be leaving from home because it was closer. He said he would find the keys and bring them to my office. About 20 minutes later, he walked in and said "heads up" and threw the keys across the room to me. He then left the office. Nothing else was said about the vehicle, which I proceeded to load up and headed home. I drove the vehicle the next day, completed my work, and headed back to the corporate office to pick up the laptops for Mondays meeting. I then headed home. I proceeded to work the next week, going to each office and doing what I had been assigned to do. On Thursday night, I met my Manager at the corporate office at approximately 9:00pm and we headed to the last of the office visits. He wanted to accompany me on that trip, because he had some things to pick up from a store in that city. We held our meeting the next morning, got his equipment, and headed back to the corporate office. Upon arriving at the corporate office, I said that I needed to get my personal items out of the vehicle (suitcase, laptop, ipod, gps, things of that nature) and clean it up and head home. My Manager said "why don't you just drive this SUV home, clean it out over the weekend, and bring it back on Monday. Besides, the Fleet Manager is on vacation, so you can't turn it in until Monday anyway." I said that would be easier, since as I stated before I drive a small pickup truck, and it would be hard for me to get all of those things in my personal vehicle, due to the fact that it is a single cab truck and I have a child seat in there. So, I drove the vehicle home, and had a nice weekend with my family.

On Monday morning, I woke up with some back pain in my lower back. I decided it was bothersome enough that I should stop by the doctor on the way to work. I called my Manager, and told him that I would be stopping by the doctor, and would be in after the appointment. He said "no problem, see ya then." Upon entering the doctors office, I found out that they couldn't see me immediately, and that my appointment wouldn't be until 1:30pm. I said that would be ok, and went back to the vehicle and called my Manager. I told him that they couldn't see me until 1:30 pm, and he said " If it's too late when you get out of the doctor, we will just see you tomorrow." I agreed. I would just like to point out that I never called in sick. I never said I wasn't coming to work. I just stated that I would be later than expected.

I then left the doctor, and was headed home to wait for my appointment. On the way home, I decided to swing through the drive through at McDonald's and grab some breakfast. After leaving McDonald's, I was going to drive across the street and stop at a gas station for a pack of cigarettes. When I arrived at the highway, my light was red, so I waited. When my light turned green, I accelerated to cross the street. A lady ran straight through her red light and hit my vehicle.

I immediately called 911, and the police showed up. I then called our Fleet Manager, as we are supposed to do in the event of an accident. He instructed me to take pictures, and go for a post accident drug screen. I told him I had a doctors appointment at 1:30, and he said it would be fine to do the drug screen then. He wanted to know if the vehicle was drivable, and I thought it was. He then told me to drive it back to the corporate office after my appointment. I agreed.

I would like to mention that all morning long, I had been taking calls for work, as we are required to answer our phone 24/7, and I hadn't taken the day off.
I took another call, sat and calmed down, and attempted to drive the vehicle home and wait. On the way home, I realized that some metal plate was hanging from the bottom of the vehicle and was dragging the road. I called the Fleet Manager again and let him know that I couldn't drive it back. He said he would come get it.

I go to my doctors appointment, paid my co-pay, and tell them that in addition to my visit, I will need to take a post accident drug test. The lady at the desk tells me since I was in a company vehicle, they can't charge me a co-pay, and she refunds my money. When i saw the doctor, she says that she want's me to get a CT scan on my neck, but without a workers comp number she can't get it pre approved. She suggested that I call my HR manager. I called the HR manager, and she told me that it wouldn't be workers comp because I had called in sick and wasn't working. We argued about that for a minute, because I had not called in sick, the doctor was still in the room. The doctor said that if it wasn't workers comp, then the company vehicle insurance would have to cover it. The Fleet Manager, who was in the HR office at the time, said no it wouldn't cover me either, because he told me I was not allowed to drive it for personal reasons. He never said this to me at all. So the doctor, clearly frustrated, said "just go to the emergency room, and they will bill you for the visit, then turn it in to whomever" she also stated that she couldn't send me on my own health insurance, because they would deny it since I was in a company vehicle. I told the doctor that I could not afford a emergency room visit, if I got stuck with the bill, and that I would go home and take some ibuprofen and see how I felt the next day. She again suggested that I go to the ER.

Please see next post to continue...What is the name of your state (only U.S. law)?
 


actionbob

Junior Member
Post Continued...

The next morning, I again called the fleet manager, and asked him if he was coming for the vehicle. He said yes, and showed up about 2 hours later. He removed the metal from the bottom (it turned out to be plastic, not metal) and asked me to drive the vehicle back. I did, and when I arrived at the corporate office, I worked until about 1:30pm. During this time, I met with the HR manager to explain that I was indeed working, and that I had been taking calls. I have a call tracking software installed on my cell phone, and showed her that. It shows each call, what time, and for how long I talked to whomever it was. She said that if I wasn't on a call when I was hit, that I wasn't working. She also brought up the fact that I had broken a policy by driving the vehicle for personal use without permission. I told her I had permission, she denied that it was true. She then said that I was aware of the policy, because I had signed that sheet in the back of the handbook. I reminded her that the sheet she had was from 2007, and not from the new handbook, which I told her that my department never received. She then said "I know you have seen the new handbook, because you brought it up when you were arguing about that gun thing, and don't think I have forgotten about that." I reminded her that I wouldn't sign that until the policy on weapons in a personal vehicle was changed, and hadn't signed it.

I went home, and returned to work the next morning. About 1 hour after I arrived, I was called into the Operation Managers office, and told that a committee of 6 people had been assembled, and 1 person couldn't show due to a death in the family. I was then informed that 5 out of 5 people in that committee had voted that my employment be terminated effective immediately, for driving a company vehicle for personal reasons without prior approval. I was shocked to say the least. I told the operations manager that I indeed did have prior approval, given to me by My Manager the Friday before, and the morning of when I called to let him know that I was stopping by the doctor. He said that my Manager didn't have the authority to give me that permission. I told him that if that was the case, then the problem lies between him and my Manager. He said that if that was the case, then I wasn't terminated, and I was suspended until Monday until the group could meet again and re-decide.

I received a phone call today stating that the group had met, and all 6 people came to the same verdict, and that my employment was terminated effective immediately.

I know this is a ridiculously long post, and I apologize for that. But I wanted to be thorough. My question is, do I have a case for wrongful termination? I was specifically terminated for breaking the policy for driving a vehicle for personal reasons without prior approval, but had approval numerous times. Also, I feel that since the HR manager, and the Fleet Manager were on this committee, that I was retaliated against for the handgun fiasco, and the fleet manager just wanted to cover his butt.

Regardless, I don't have a job now because of something I didn't do, and a policy that I didn't break.

Anyone have any advice?

Thanks in advance,What is the name of your state (only U.S. law)?
 

actionbob

Junior Member
Ok, sorry.

I was fired for breaking a policy. The policy states that you can't use a company vehicle for personal reasons without prior approval.

I had prior approval from my Manager, who stated this to the Ops Manager.

I did not sign the new handbook, due to a printed policy that breaks the law in Ky. I did however sign one 3 years ago.

If you need more details, they are above lol :D
 

Proserpina

Senior Member
Ok, sorry.

I was fired for breaking a policy. The policy states that you can't use a company vehicle for personal reasons without prior approval.

I had prior approval from my Manager, who stated this to the Ops Manager.

I did not sign the new handbook, due to a printed policy that breaks the law in Ky. I did however sign one 3 years ago.

If you need more details, they are above lol :D


That was an awesome edit - and thank you for being so gracious about it :)

Now, someone will be along for sure, to try to assist you further!
 

st-kitts

Member
I read your whole post, both parts, and kept waiting for the moment to come where you would state " and they fired me for having a gun on site, when I am legally able to do so in my state." That would have been more interesting, but as that is not the case, here goes.

OP, I don't see any mention of unlawful discrimination or unlawful retaliation in the post. There are some complaints you could make to your employer that would possibly provide you with protection from retaliation, but complaining about the gun policy in the handbook isn't one of them. They may have held that argument against you when you broke the other policy, and legally they could. You may feel you were treated unfairly, but that isn't the same thing as unlawful
 
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actionbob

Junior Member
I see your point. However, I feel that they were looking for a reason to terminate me because I brought up the gun policy. I also feel that the reason they used was unacceptable. I'm sure I can use this to appeal my unemployment, which they will certainly deny. I just thought it fell under wrongful termination due to the fact that I was terminated for an unjust reason. I clearly had approval. The people they chose for that committee were clearly against me to begin with, due to the gun policy fiasco. Of course, I guess I could pursue that avenue instead. The law is very clear in the fact that an employer cannot create a policy such as they have created.
 

st-kitts

Member
If you had been terminated for violating the company's gun policy (i.e. you had a gun in your trunk on the parking lot, and you were fired because of it, and you were complying with state law, and their policy was against state law) then you could have researched your options. As is, the policy you were terminated for violating was lawful.

You can file for unemployment. Any individual who is separated from employment can file for unemployment. The decision to pay unemployment rests with the state. The employer can present the reasons why they feel it should not be paid or choose not to fight the claim. You present the reason you were separated and if the company fights your unemployment, you can present the reasons why you believe you are entitled. Just because you are granted unemployment however, does not mean there was a wrongful termination.
 

swalsh411

Senior Member
I also feel that the reason they used was unacceptable.
Irrelevant.

I'm sure I can use this to appeal my unemployment, which they will certainly deny.
Employers do not "deny" benefits. They can appeal, but the State makes the decision.

The law is very clear in the fact that an employer cannot create a policy such as they have created.
Again, not relevant as you were not fired for having a gun in your vehicle.

Even if there had been a policy that said "personal use of vehicle is allowed with prior authorization" and you received authorization but were fired anyway for personal use of a vehicle that would not be unlawful. Employer policies are hardly ever legally enforceable unless specifically addressed by law. You should not be disqualified for unemployment for misconduct however.
 

actionbob

Junior Member
I understand that being granted unemployment does not guarantee me a wrongful termination suit. I'm just exploring my options. What about if they fired me for using the vehicle for personal reasons without prior approval, but continue to allow others to do so? Anything there? I still really feel like the only reason I was fired was because I argued the gun policy to begin with. I guess that is what I get for standing up for my 2nd amendment rights...
 

swalsh411

Senior Member
What about if they fired me for using the vehicle for personal reasons without prior approval, but continue to allow others to do so?
Inconsistent enforcement of a policy can be a defense against the charge of misconduct. It's doesn't mean your termination was unlawful.
 

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