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wrongful termination?

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dcpd162

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

I was recently fired by my employer of seven years. I had a position requiring the use of vehicles and had been in two wrecks that were both my fault within 4 months of each other. We have a very clear policy manual but nothing in it specifically address this situation. At the time of the second incident I was on a improvement plan based on a poor evaluation. The eval says directly on it that any "substandard" rating must also be supported by written documentation during the period evaluated. I received 4 substandards and none of them were supported by previous written documentation. When I was put on the improvement plan based on the evaluation, I told the supervisor issuing it of the lack of documentation and was told it would be "taken under advisement". However, nothing changed. I was notified of a displinary hearing charging me with a policy stating, in part, that employees must maintain sufficient competence to enable his to perform his duties. It goes on to list what incompetence may be demonstrated by, and the only item that comes close is "a written record of repeated violations of directives" contained in the policy manual. According to this supervisor, after these wrecks, pose a high risk for at fault accidents. Before a displinary hearing was held, I was told that it did not matter what I said - based on this policy violation I would be fired regardless of what was said. I know this has been very long, and there were more things I could have put in this. Do I have any recourse against my former employer?
 


Zigner

Senior Member, Non-Attorney
You don't have a case for "wrongful termination". No law was broken.

Apply for unemployment. Hopefully, Commentator should be along to expand on this...


What is the name of your state (only U.S. law)? Kansas

I was recently fired by my employer of seven years. I had a position requiring the use of vehicles and had been in two wrecks that were both my fault within 4 months of each other. We have a very clear policy manual but nothing in it specifically address this situation. At the time of the second incident I was on a improvement plan based on a poor evaluation. The eval says directly on it that any "substandard" rating must also be supported by written documentation during the period evaluated. I received 4 substandards and none of them were supported by previous written documentation. When I was put on the improvement plan based on the evaluation, I told the supervisor issuing it of the lack of documentation and was told it would be "taken under advisement". However, nothing changed. I was notified of a displinary hearing charging me with a policy stating, in part, that employees must maintain sufficient competence to enable his to perform his duties. It goes on to list what incompetence may be demonstrated by, and the only item that comes close is "a written record of repeated violations of directives" contained in the policy manual. According to this supervisor, after these wrecks, pose a high risk for at fault accidents. Before a displinary hearing was held, I was told that it did not matter what I said - based on this policy violation I would be fired regardless of what was said. I know this has been very long, and there were more things I could have put in this. Do I have any recourse against my former employer?
 

GonzoFL

Member
I see no wrongful termination or recourse against your former employer. File for unemployment and hope your former employer doesn't fight it.
 

eerelations

Senior Member
Since your former employer could legally fire you for having perfect driving, performance and attendance records, your former employer can most definitely fire you legally for the reasons you've described.
 

commentator

Senior Member
Filing for your unemployment benefits is some tiny degree of recourse. If the employer cannot prove you were fired for a good misconduct reason--something you could control and chose not to, a performance issue you could change, something of this type, then you will be able to be approved for benefits, assuming you are monetarily eligible. You may have to go through several levels of appeal, but it's certainly worth a shot.
 

JETX

Senior Member
Filing for your unemployment benefits is some tiny degree of recourse. If the employer cannot prove you were fired for a good misconduct reason--something you could control and chose not to, a performance issue you could change, something of this type, then you will be able to be approved for benefits, assuming you are monetarily eligible. You may have to go through several levels of appeal, but it's certainly worth a shot.
And then REALITY..... based solely on the contents of the OP... it is unlikely that the unemployment agency would consider this anything other than termination 'for cause'.
 

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