Job termination

[matt78]

Hi im after some advice ,i have been working for a company for 18 months and have recently lost my job due to gross misconduct bringing the companys name into disrepute.

I was carrying out a job for the first time in a lead role and broke a company policy, prior to this i was undergoing training as it was a new role there is currently no actual training program or policy in place in regards to the role i was carrying out . Ontop of that the day before the incident happened i spoke with my manager and explained that i was not ready neither did i feel safe to carry out the role yet and needed more time to learn, my coach/trainer also spoke with my manager and explained that he to feels that i am not ready to carry out the lead role, it since has been brought to my attention that a senior engineer also on several occasions raised issues with my manager explaining that they feel i am not being trained correctly and they are concerned about my knowledge and skillset in and around the role.

The 2 people have since put statements in saying that not only did i not have the proper training but also that my manager has lied and said that none of these conversations took place. My manager has since made attempts to get these people to retract there statements on numerous occasions to which they have again complained about to HR and one of them has gone of sick with stress. I have a file full of potential dangerous situations which i was put in due to my manager not willing to give me the correct training and wanted me to carry out tasks that could of potentially been life threatening whilst giving me the information saying that it was ok and safe to do so.

I was bullied intimidated and told what i could and could not say in my disciplinary meeting by a senior manager who is known for his aggressive nature in these meetings and even though i had a union rep present he actually took him aside and told him in no uncertain terms to be carful with what he is saying in regards to helping my case. I have conversations recorded although i am aware i probably cannot use them where other senior managers are discussing with me that i have been rail roaded and that there has been collusion between certain managers to get my sacked with there decision being made prior to the disciplinary meeting.

I have a million and one issues with what the company has done and not done and have other senior managers standing by me and are bewildered by the outcome. I was just wondering if i could take out some kind of court case agaisnt them even though i only been with them for less than 2 years or is this just a situation in life where i will just have to deal with being treated unfairly and just put it down to some bad luck in life?

Any advice would be greatfully received.

Many Thanks

 

[Zigner]

1: This forum is for US law matters only.
2: In almost all places here in the US, your recourse would be to file for unemployment, as it doesn't appear that anything illegal has occurred. (See #3 also)
3: Since there is a union involved, try to get assistance there.

 

[PayrollHRGuy]

There is no requirement that life be fair. You have not mentioned anything that would be considered cause for legal action against your employer.

You also don't mention what "gross misconduct" you were terminated for. But at this point, it really doesn't matter. Go file for unemployment but understand you may not get it.

 

[shiela_br14]

Hello.

I am an HR Specialist in Berkeley CA. After reviewing your post. You did not say anything specific as to why you were terminated? Do you care to share? I am assuming maybe it is something personal or you feel it would be embarrassing to disclose. That is fine. When you went on to discuss about assuming a new role with this company and not having adequate training etc: I am sure all that is true. However, if you are terminated for gross misconduct any issues you may have had as far as inadequate training or problems with managers or co-workers is really irrelevant. Once the decision was made that you were being fired for 'gross misconduct' it more or less no longer matters what the issues were that had nothing to do with your termination. Gross Misconduct is quite serious and takes priority over any good work or bad work you may have done while employed. Any exceptional work you may have done during your tenure is overshadowed by the 'gross misconduct' issue.

As far as you taking court action against this employer. I can tell you when the decision was made to terminate you for 'gross misconduct' I hate to add to your problems but that in itself can prevent you from winning any possible litigation. Again, it depends on what exactly you did. In most of the cases that I have been involved former employees usually do not bother trying to bring a claim because I m certain an attorney told them due to the nature of why they were terminated it would make it almost impossible to win a successful lawsuit. Remember, before HR decided to let you go, rest assure they consulted with their legal team before you ever became aware of the situation. They want to make sure they did every thing by the book so former employees can not bring a claim. I am sure you may find an attorney who may be willing to file some claim but your chances of winning are slim to none.

Other problems with bringing claims against a former employer are that if your dismissal was based on anything that is considered unethical, illegal or something that could seriously harm the reputation and integrity of your organization. There is little chance any judge or jury would award you anything especially if you were involved in illegal activity. Most people would never want to bring illegal or seriously unethical behaviors to the attention of a judge. Bringing that fact out into the open especially in front of attorneys, a judge and jurors could make your situation worse. It is hard to give you definite answers not knowing why you were released in the first place. Gross misconduct in my experience has been extremely serious with no chance of the employee ever being reinstated as an employee.

I think you mentioned that you did have union status or representation. Yes- a union affords employees some protection as far as job preservation. But again, keep in mind 'gross misconduct' is cut and dry and a union representative has practically no recourse or appeal for anyone being fired for that reason. I would be concerned about 'unemployment compensation'. Sometimes your unemployment eligibility can be affected by this. Did you discuss 'unemployment' with your union representative or HR? Benefits can also be affected. In some cases, I have seen employees who had big problems with attempting to receive 'cobra' coverage. You may wish to inquire about these things just for peace of mind. I can not speak for every organization, since were in to the Holiday season many companies unless they have an immediate need refrain from hiring until the New Year is underway. Unfortunately, 'gross misconduct' sounds ugly and I guess it is an ugly and unpleasant situation. If you have any questions that you would like answered or advice please feel free to message me on this forum. Please do so prior to Wednesday November 21. We go away for the Thanksgiving holiday every year. Thank you

 

[cbg]

There are long time posters here who are also HR specialists and who will be here both on and after November 21. However without knowing where this is taking place and what, if any, state laws are in effect, there is no point in attempting to address any of the issues. CA law does not apply anywhere but CA, and there are 49 other states and some 200 other countries where the OP might be.

 

[shiela_br14]

Yes. I am sorry Quincy you are correct. I guess I get so in to what I am trying to say I forgot about that important detail. Laws in some situations are similar but yes they do vary from state to state. Unless the poster gives his or her location it is hard to give specific advice. I have the feeling this person probably is being cautious about revealing where they are from or the reason for the termination. Which is understandable but they could receive much better advice if they would reveal this information on this forum. One thing that does not vary much from state to state is that 'gross misconduct' in any state can cause serious problems with unemployment and Cobra benefits. If the poster returns if the share some additional information they receive more helpful advice. Thank you.

 

[quincy]

Yes. I am sorry Quincy you are correct. I guess I get so in to what I am trying to say I forgot about that important detail. Laws in some situations are similar but yes they do vary from state to state. Unless the poster gives his or her location it is hard to give specific advice. I have the feeling this person probably is being cautious about revealing where they are from or the reason for the termination. Which is understandable but they could receive much better advice if they would reveal this information on this forum. One thing that does not vary much from state to state is that 'gross misconduct' in any state can cause serious problems with unemployment and Cobra benefits. If the poster returns if the share some additional information they receive more helpful advice. Thank you.

We request that all posters supply their state names. And we handle US laws only on this forum.

The forum is open 24 hours a day, every day of the year - even on holidays - so matt87 can post back at any time.

Because we have several long-time experienced HR members and attorneys on this forum, matt will have knowledgeable members available here to help him when he needs the help. Enjoy your vacation.

 

[HighwayMan]

...to get my [SIC] sacked...

Indeed - Americans generally don't use that term.

 

[quincy]

Indeed - Americans generally don't use that term.

Huh? Yes they do.

 

[HighwayMan]

I have actually never heard an American use that term. Just my experience...

We'll see if the OP returns to clarify.

 

[quincy]

I have actually never heard an American use that term. Just my experience...

We'll see if the OP returns to clarify.

Getting sacked from a job? You have never heard that phrase used? I find that amazing as it is a common word to use to describe a firing.

 

[HighwayMan]

The only time I have ever heard it used was on English television shows and by co-workers who were English and here on assignment.

 

[quincy]

The only time I have ever heard it used was on English television shows and by co-workers who were English and here on assignment.

I find that odd. "Being sacked" is a well known alternative to "being fired" in areas other than Michigan.

That said, matt's location would be nice to know.

 

[Just Blue]

Getting sacked from a job? You have never heard that phrase used? I find that amazing as it is a common word to use to describe a firing.

I have heard the term...just not an American using it.

 

[quincy]

I have heard the term...just not an American using it.

So odd. It is very common around here.