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wrongful termination, Oil Refinery NJ. Edited.

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Jbarbagallo

Junior Member
  • *Please, no trolls.. I really do need advice because this was wrong full.. Sorry for length I didn't know how to explain it and ALL names a fictitious.
NJ (only U.S. law)?

I'll do my best to explain. I worked at an Oil refinery, I was a operator in charge of a process unit. Recently I was terminiated and I believe it was because of my one supperior defamination of my name. (terrible with terms) I'll start with the exit interview. On my last day of shift the Supervisor on shift said I had a meeting at 330 (it was about that time) I get to the meeting and was greeting with our HR head, our head unit supervisor, and a union rep. Hr stated that it was my 6 month mark and they were conducting a review which they interviewed my peers/ and the people I've worked with since I was hired. She stated that over all the performance was poor and upon such they had to let me go. I was calm but devastated, I rebutted asking if my performance has been that poor why wasn't I ever counseled. She switched topics, and stated that in B.o.T. I failed and had to re-mediate two tests (which the majority of my peers in that new class have failed) and that I did not have boots in the initial tour of the refinery (which someone in management let me borrow a pair to proceed with the tour). I didn't didn't dispute or say anything with that because I was at lost for words. I thought why would they assign me to their most hazard unit if re-mediating the tests were that much of a problem. Ok now with the whole story.

I was sent to the FCC unit, which unit that complex worked on the alkylation unit. I was trained by one of the veteran guys on the complex (he has aprox. 35 years of exp.) which tested out after 8-10 weeks of training with the one OS (operating supervisor) Jack(fake name) (his son came in with me and is also on my unit)and I passed both written and walk down. I was sent to "B" crew for the first month-month in a half and respected my crew, as I found out they respected me. Well, it turns out another guy they came in with me has reserves(I'm a two tour veteran as well) and informed the scheduler that "B" shift worked better with his schedule and so they switched me with his "c" gave him all my weekends for that month and my crew. Naturally I was up set, I really worked well with this crew and they taught me a lot every day so I did email the scheduler questioning the move, as my OS backed me up and emailed him as well. The reply was "you are labor relief" (as with all 4 of the new guys, we had one for each shift). So I was guided to contact the Head supervisor, which I did in an email since I was working weekends for the month. He never responded but I assumed he would not. Shortly after the ordeal, there were bids out for another unit (now in training we were told that you had to bid on a unit and if you did and got placed you were restricted for 3 years, but the three guys out of my class that went to the FCC never put a bid form in for it) so my impression was I was allowed to. I would of gotten the Job, but HR/Scheduler said I was on a restriction. So I asked around about this, the reason they came up with was it was in the new contract that if you got assigned you were restricted as well (along with it was mandatory to be in the union but with no representation for One Year)) I basically realized that it was not going to go anywhere and gave up on the issue as to I was new and up set management with this questioning(at least what I was told). 2-3 weeks went by I was getting a long with my new team, I thought everyone was almost as good as my last crew until, my current supervisors son got in trouble. He emailed our union president that he had a problem, and wanted to bid off this unit. Which in turn that union president did not filter his concern but forwarded to HR/Management which almost cost him his job. One of the Upper Mangers, our Head supervisor, and his father with the son had a meeting. supposedly the upper manager threatened to fire all three of the new guys on the unit.

From that meeting on, he was out to get me for one reason or another ( either to take heat of his boy or the upper manager wanting to fire someone to let it be a warning) he'd tell me every time he came to the unit that I was on thin ice, or always point out a mistake (which I don't mind as a learning opportunity, but not in a harassing like manner) so 1-2 weeks went by and the other new guy really screwed up on a task which caused loss of a product jack came down to our shelter looking for the procedure which he couldn't find. We printed him out one and he zoned in on me stating you better be filling out procedures ( of course not in a nice manner) which I said will do. But at that moment I needed to find out why he was on me like that all of a sudden. I called up to the board and asked if he was available to talk, he came down ( mind you this was me asking him, I have never received a verbal or written counseling ) This talk that I wanted to square away the issue turned into a bashing session of me, that all my mistakes were adding up and that I need to get my head out of the clouds.. he mentioned that it cost them 0 to put me threw training and that my name was out there (with upper management) and that they knew I stripped for fun. He said my bids that I put out looked like I was trying to escape work, which is false because my unit ran VERY smooth since we have been qualified on it, I tried defending my self saying I put bids in because they couldn't keep people on the most intense and dangerous unit, all but three employees had 5 years or less on this complex which is scary compared to the ave. 20 year employees on other units. after this verbal bashing, my "A" man that works the board came down. He re assured me I was doing fine, and to not quit this well pass, he told me Jack was like that to him in the beginning and to another employee tom, which did calm me a bit. He also stated that the guy in upper management stated that the new class coming into the refinery would be better the the most seasoned veteran operator. But after that talk I felt better, I felt like I could get thru this. until aprox. 3-4 days latter when they had the exit interview with me. Now once my fellow co-workers and "B" crews A man, and OS found out they defending me saying they were never interviewed as well as my trainer and the most senior guys on the unit. I've contacted a majority of my peers and they have not been interviewed as well because if so I wouldn't be in this situation. I did my job, I liked my job and I got along with most of the people I have worked with. BUT, I have never got into any arguments that were unprofessional especially to Jack. My co workers have pushed me to get a lawyer and I really want to for once in my life because I feel wronged, because of someones personal agenda. Can someone please advice me on this situation because it has been tearing me up since last Thursday when it happened. also I do apologize for the layout my thoughts are many, because I can't get this out of my head.
 


Zigner

Senior Member, Non-Attorney
Wrongful termination doesn't mean that it was unfair. It means that you were terminated for some reason prohibited by law. What prohibited reason do you think you were terminated for?

(Your post is way too long to try to dig it out)
 

Jbarbagallo

Junior Member
.

Do apologize for the excess of a explanation. I really didn't know what to ask or where to start. The supervisor that has the son on our FCC unit, he used me as a scape goat with his son to take any sort of pressure off him. If you interviewed the rest of my peers / supervisors / trainers, I was on a good employee which did my job well for being new.

* In two weeks he effectively made me look like a sub par employee to our head OS which we rarely see.
 
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Zigner

Senior Member, Non-Attorney
Do apologize for the excess of a explanation. I really didn't know what to ask or where to start. The supervisor that has the son on our FCC unit, he used me as a scape goat with his son to take any sort of pressure off him. If you interviewed the rest of my peers / supervisors / trainers, I was on a good employee which did my job well for being new.
But, that does not mean your termination was illegal. Unfair? Maybe. Illegal? Not so much.
 

Jbarbagallo

Junior Member
Do you all do this daily?

You see I do not come on the internet, especially forums often.. I need advice, nothing which ya'll have posted is truly constructive. maybe this was the wrong avenue giving the responses. But yes, obviously I was fired because of one man with an agenda. They never interviewed anyone( like they stated as part of my exit interview) for my performance, all my peers and supervisors have let me know. If that was the case, I'd still have my job. But, like I said online probably isn't the best place to ask for advice given the responses, I most likely will just delete the post because I'm seeing people reply, I do not believe I've seen true legal advice yet.
 

CSO286

Senior Member
You see I do not come on the internet, especially forums often.. I need advice, nothing which ya'll have posted is truly constructive. maybe this was the wrong avenue giving the responses. But yes, obviously I was fired because of one man with an agenda. They never interviewed anyone( like they stated as part of my exit interview) for my performance, all my peers and supervisors have let me know. If that was the case, I'd still have my job. But, like I said online probably isn't the best place to ask for advice given the responses, I most likely will just delete the post because I'm seeing people reply, I do not believe I've seen true legal advice yet.
We gave you legal advice. It's just not what you wanted to hear.
Your termination was not illegal.
Your superivisor's actions were not illegal.
Being an @ss is not illegal.

Your only recourse here: Start seeking new employment and file for unemployment, though I'm not sure you were on the job long enough to qualify.
 

cbg

I'm a Northern Girl
Okay, let's try this another way.

SPECIFICALLY, what law do you believe the employer violated?

What law do you believe says that your employer is not allowed to fire you for personal reasons? Give the statute number and/or the name of the case law.

If you don't know the statute number or the name of the case law, you can use: It's the law that says.... and then you fill in the blank.

Then we'll go from there.
 

swalsh411

Senior Member
I most likely will just delete the post because I'm seeing people reply, I do not believe I've seen true legal advice yet.
You are just mad because you're not getting the answer you want. You are convinced a law has been broken and are determined to keep asking the same question over and over again until somebody tells you what you want to hear. Eventually, somebody will, because a lot of people like to post about topics they don't know much about. You're welcome to post your question to Yahoo Answers if you would like to be told what you want to hear. On this forum, you will (usually) get legally accurate advice.
 

tranquility

Senior Member
You see I do not come on the internet, especially forums often.. I need advice, nothing which ya'll have posted is truly constructive. maybe this was the wrong avenue giving the responses. But yes, obviously I was fired because of one man with an agenda. They never interviewed anyone( like they stated as part of my exit interview) for my performance, all my peers and supervisors have let me know. If that was the case, I'd still have my job. But, like I said online probably isn't the best place to ask for advice given the responses, I most likely will just delete the post because I'm seeing people reply, I do not believe I've seen true legal advice yet.
You claimed wrongful termination. It is not that. You must be terminated for a prohited reason for it to be that. Generally because of sex, race, etc. and a few other things. (Like for reporting misconduct to the government.) None of that happened. You were not illegally discriminated against. You got legal advice. You have no employment discrimination case.

Now, if a person published false and defamatory information about you that caused you damages, you might have a claim for slander against that person. I don't know if the vague things you've claimed would be enough, but, there's a lot more chance there than the zero chance for wrongful termination.
 

OHRoadwarrior

Senior Member
You are a union member. Review your contract. If you feel the company violated any terms of the contract, file a grievance. that is your recourse. The company seems to have showed exceptional restraint by exercising your Weingarten Rights for you, unasked.
 

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