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Wrongful Termination in Tennessee

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Colemanstrong

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

I was terminated from my previous employer for dishonesty during leave of absence. My employer is claiming that I left work early on Thursday December 14 2017 and called in sick on Friday December 15 2017 to attend an event but this is a lie. I was scheduled to leave work on 12/14/17 at noon and I have a copy of that day's schedule, I was also scheduled off on 12/15/17 to attend an event that I informed my employer about. My normal work schedule has me off on Monday's and leaving work at 2pm on Friday's. I even have a copy of my schedule where I worked that Monday so that I could have that Friday off. The only solid evidence I have in my possession is a copy of my schedule on 12/14/17 to prove that I was scheduled to leave work early that day instead of their story which is that I left work early due to illness.

I have 2 witnesses that I had this time approved to be off and that the company was aware of this event in advanced. I exchanged several emails with these 2 witnesses about the event and about my schedule, but I fear since the company has already gone this far with the lie that the other 2 witnesses will lie as well. I'm honestly shocked that they would lie about this. I do not have copies of the emails that were exchanged with these two witnesses that prove the company was aware of my altered schedule and that I made them aware of the event I was attending, but the emails should be saved on the company server. I'm not sure if the one piece of evidence I have to show I did not leave sick but rather was scheduled off will be enough for the hearing I have in March.

I can also print my phone records to show I did not call in on 12/15/17 like my company is claiming. I'm not sure how to legally access those emails from the company or how to request them. At this point I don't even care about unemployment, I care that they admit to this lie and they change my termination status since I worked for this company for over 2 years. This termination status will make it difficult for me to get another job. Any help is appreciated.
 
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Shadowbunny

Queen of the Not-Rights
What is the name of your state (only U.S. law)? Tennessee

I was terminated from my previous employer for dishonesty during leave of absence. My employer is claiming that I left work early on Thursday December 14 2017 and called in sick on Friday December 15 2017 to attend an event but this is a lie. I was scheduled to leave work on 12/14/17 at noon and I have a copy of that day's schedule, I was also scheduled off on 12/15/17 to attend an event that I informed my employer about. My normal work schedule has me off on Monday's and leaving work at 2pm on Friday's. I even have a copy of my schedule where I worked that Monday so that I could have that Friday off. The only solid evidence I have in my possession is a copy of my schedule on 12/14/17 to prove that I was scheduled to leave work early that day instead of their story which is that I left work early due to illness. I have 2 witnesses that I had this time approved to be off and that the company was aware of this event in advanced. I exchanged several emails with these 2 witnesses about the event and about my schedule, but I fear since the company has already gone this far with the lie that the other 2 witnesses will lie as well. I'm honestly shocked that they would lie about this. I do not have copies of the emails that were exchanged with these two witnesses that prove the company was aware of my altered schedule and that I made them aware of the event I was attending, but the emails should be saved on the company server. I'm not sure if the one piece of evidence I have to show I did not leave sick but rather was scheduled off will be enough for the hearing I have in March. I can also print my phone records to show I did not call in on 12/15/17 like my company is claiming. I'm not sure how to legally access those emails from the company or how to request them. At this point I don't even care about unemployment, I care that they admit to this lie and they change my termination status since I worked for this company for over 2 years. This termination status will make it difficult for me to get another job. Any help is appreciated.
A wrongful termination does not mean you were fired unfairly. It means you were fired BECAUSE of your race, religion, age, ethnicity, or other protected class.

If you don't care about the unemployment, then you need to just walk away and stop worrying about it. Because you are not going to make them admit anything. They have no obligation to provide you with the emails that you feel will exonerate you. What do you feel will be accomplished by changing your "termination status"?
 

Colemanstrong

Junior Member
Thank you for the clarification!

Don't get me wrong, the unemployment will help, but my biggest concern is trying to explain to a new potential employer why I was fired. I would love to move on, but I live in this town with these people and it's not something I can easily get away from, not to mention it is important to me regardless of your opinion that I should walk away from it. I also filed a discrimination claim with the EEOC against an employee due to a medical disability I have, but I wont get into that right now and I'm considering that an independent issue. I'm asking if there is anything I can do, not judgement if I should do anything or not. But to answer your question, yes it will make me feel better and I want to hold this company accountable otherwise I wouldn't have asked for help.

I am however, thankful for you advice.
 
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Shadowbunny

Queen of the Not-Rights
Thank you for the clarification!

Don't get me wrong, the unemployment will help, but my biggest concern is trying to explain to a new potential employer why I was fired. I would love to move on, but I live in this town with these people and it's not something I can easily get away from, not to mention it is important to me regardless of your opinion that I should walk away from it. I also filed a discrimination claim with the EEOC against an employee due to a medical disability I have, but I wont get into that right now and I'm considering that an independent issue. I'm asking if there is anything I can do, not judgement if I should do anything or not. But to answer your question, yes it will make me feel better and I want to hold this company accountable otherwise I wouldn't have asked for help.

I am however, thankful for you advice.
Don't get me wrong: I think you should absolutely file for UIC. There's no harm in filing, it's free, and the worst case scenario is that you'd get denied.

But as to making them change the termination status? There are no laws that will force them to do that.

We have some amazing employment experts on this site (cbg and commentator, amongst others) who are sure to comment. If there's an option, they'll know it.

And thanks for the thanks. I know it's frustrating to feel like you were treated unfairly, but other than filing for UIC, there's not much more you can do.
 

Colemanstrong

Junior Member
Thank you for that!

I filed for unemployment the day I got my notice and submitted the independent complaint to the EEOC before I got my notice (because I suspected something was about to happen - I had been documenting this particular employee's behavior and even went to our HR with my concerns). They already denied me unemployment and I submitted an appeal. I got my "discovery" package today (of the evidence claim to have) which means they likely got the copy of the schedule that I do have so at it made me laugh a little bit knowing they at least see where I was actually scheduled off as opposed to calling in sick as they claim.

I was really close to these people at this workplace, which I know happens and I know it's a part of life. I'm a professional athlete (not that I make a lot of money with that haha!) and this company really seemed to support my athletic endeavors - there is a poster of me during a competition in our call center that has an inspiration quote celebrating records I broke. I was even voted employee of the month because of my work with charities and sexual and domestic violence victims. This situation is a lot more personal to me than an employer/employee relationship should be and the person I filed a claim against always hated that this company celebrated my accomplishments and she is the driving force behind all this.

With this kind of relationship, it hit me even harder to see these lies typed out on paper. I'm more so hurt by the people I considered family in many ways. In October our company announced future financial hardships we were about to face due to changes in legislation (it's a payday loan company) and that's when the harassment and the firing started. I have been one of many people who have been fired or quit because our work environment became unbearable. I do believe the company is trying to avoid lay offs and instead are intentionally trying to have people quit or firing them for frivolous reasons, but I'm not a conspiracy nut, I promise, I'm trying to stick to evidence and remain objective.

I'm sure the people who are lying are doing so to save their own jobs, so even that can be forgiven to an extent, but my thoughts through all this is that, yes, they will likely get their way, but I'm not going to make it easy for them. And when they see me out in public, I want them to feel ashamed of what they did and I want them to not be able to look me in the eye because of their actions.

My husband is hopefully going to hire me with his company at the end of March, if this is still pending, I plan to drop everything at that point anyway, but in the mean time, I want them to know that I know the truth and I'm not going to back down without a fight.

Again, thank you for your kind words and for your help. I know you mean well and you are definitely not the first to tell me to move on. I do plan to move on after this appeal hearing regardless of the outcome. Thank you again!
 

LdiJ

Senior Member
Thank you for the clarification!

Don't get me wrong, the unemployment will help, but my biggest concern is trying to explain to a new potential employer why I was fired. I would love to move on, but I live in this town with these people and it's not something I can easily get away from, not to mention it is important to me regardless of your opinion that I should walk away from it. I also filed a discrimination claim with the EEOC against an employee due to a medical disability I have, but I wont get into that right now and I'm considering that an independent issue. I'm asking if there is anything I can do, not judgement if I should do anything or not. But to answer your question, yes it will make me feel better and I want to hold this company accountable otherwise I wouldn't have asked for help.

I am however, thankful for you advice.
Did this firing come AFTER you filed a discrimination claim with the EEOC? Did it come after they became aware that you filed a discrimination claim with the EEOC? If so, that makes the firing look very much like retaliation. If that is the case, you should make unemployment aware of the EEOC case and you should make the EEOC aware that you have been fired, potentially in retaliation.
 

cbg

I'm a Northern Girl
Your employer does not have the power to deny you unemployment. They have the right to contest, just as you have the right to file and either of you has the right to appeal if the decision goes against you. But the state, and only the state, has the power to grant or deny unemployment benefits.

Even if you ultimately prevail in the UI appeal (and I suspect you will) there is still no power you can invoke that will force the employer to amend the termination status. Nor will prevailing in the appeal make your termination wrongful under the law.

I'm curious about the disability claim. What is your disability and in what way were you discriminated against? Did you request an accommodation? If so, what was it? How long ago was the discriminatory act/refusal to accommodate? Depending on your answers, I *might* have a suggestion for you, but it depends on details we don't have.
 

Colemanstrong

Junior Member
Did this firing come AFTER you filed a discrimination claim with the EEOC? Did it come after they became aware that you filed a discrimination claim with the EEOC? If so, that makes the firing look very much like retaliation. If that is the case, you should make unemployment aware of the EEOC case and you should make the EEOC aware that you have been fired, potentially in retaliation.
I was given my noticed about 2 days after I asked my HR about how to file a complaint against another employee. I spoke with my HR representative about a month and a half prior to them firing me about concerns with a member of management not believing my medical condition (which is pancreatitis). I literally filed the complaint with the EEOC the day before I got my termination notice, but I don't think the company was aware that I had done that. The problem with my medical condition is that I have been going through various treatments for almost 2 years and there is still more tests that have to be done to identify the direct cause of my pancreatitis (it can be physical, chemical or environmentally triggered).

I was already getting accommodations at work and HR had just given me the paperwork to start the FLMA process outside of work (because as you can imagine, it caused me to miss several days at a time). In the mean time, I spent hundreds of dollars a month on doctor co-pays so that I could produce a doctors note everytime I was out due to my condition. I was literally spending more on doctors visits and medications than I was making. This also presents another problem with future employment opportunities. And I did make the EEOC aware the day I got my notice.
 

Colemanstrong

Junior Member
Your employer does not have the power to deny you unemployment. They have the right to contest, just as you have the right to file and either of you has the right to appeal if the decision goes against you. But the state, and only the state, has the power to grant or deny unemployment benefits.

Even if you ultimately prevail in the UI appeal (and I suspect you will) there is still no power you can invoke that will force the employer to amend the termination status. Nor will prevailing in the appeal make your termination wrongful under the law.

I'm curious about the disability claim. What is your disability and in what way were you discriminated against? Did you request an accommodation? If so, what was it? How long ago was the discriminatory act/refusal to accommodate? Depending on your answers, I *might* have a suggestion for you, but it depends on details we don't have.
Again, I appreciate the clarification on the termination reasons not being changed. I have an appeal hearing for March 1st 2018. My concern also is that the 2 witnesses I have named will lie about changing my schedule. I have documentation of one day in question that I can prove I was scheduled off and did not leave early due to illness, but that's all the physical evidence I have in my possession at this time.

I have pancreatitis and as I mentioned above, I have been going through the process of evaluation for it for the last 2 years. There are still tests my doctors have to run to determine the cause (it can be a physical problem, chemical, or even environmental.. I've reduced environmental triggers as best as I can with diet, but that only helps my lipid panels improve, it doesn't help the other symptoms). I was already getting accommodations at work but was about to start the FLMA process to have accommodations to miss work. In fact my doctor completed my FLMA paper work the day I was terminated.

Pancreatitis causes me to have frequent and painful bowel movements (I'm so sorry for the image there, but that's what it does) so I have to go to the bathroom very often throughout the day. My assistant manager followed me into the bathroom to make sure I was actually using the bathroom. She said it was out of concern, but I have been with this company for over 2 years and had this condition for a year and a half prior to this incident and she never followed me into the bathroom before that time. 2 weeks later, I was written up for "behavioral issues" because the same assistant manager claimed that my work absences was a result of my behavior and not my medical condition although I have produced doctors notes every single time I was out for this condition. During that meeting she said and I quote "Well, I have a friend who has pancreatitis and it wouldn't be hard to find out what the symptoms really are" insinuating I was lying about my condition.

This is when I went to our HR manager to express my concern. I did so in a diplomatic manner as to not accuse anyone of discrimination, but I wanted to let my concern be known. I also sent that assistant manager and HR manager a voice mail from my GI specialist doctor that detailed my diagnosis so that I could prove to them, I was diagnosed with this. This is when I started the FMLA paper work. The problem was my specialist couldn't see me for several months to conduct more tests to determine the nature of my pancreatitis, so they refused to fill out the FMLA paper work until they saw me again. So my primary care doctor started the paper work just so I could have something to show my employer. I was fired the day my doctor completed the FMLA paper work.

I apologize for this being so long but wanted to include everything.

I have sought out an attorney, but they are taking a very long time to get back with me about if they want to help or if there is anything I can do. Thus why I'm here :).
 

cbg

I'm a Northern Girl
Clarify this for me.

A member of management didn't believe your diagnosis; however, your time off was being accommodated and you were in the process of applying for FMLA.

So where was the discrimination? What adverse treatment were you receiving from the employer that was directly attributable to the diagnosis or medical condition?
 

Colemanstrong

Junior Member
Clarify this for me.

A member of management didn't believe your diagnosis; however, your time off was being accommodated and you were in the process of applying for FMLA.

So where was the discrimination? What adverse treatment were you receiving from the employer that was directly attributable to the diagnosis or medical condition?
The adverse treatment was 1) following me into the bathroom (invading my privacy - I'm aware that at work or any where, privacy is subjective, but in the bathroom I think the expectation of privacy is pretty universal) and 2) writing me up and accusing me of lying - I worked in collections and if we are written up, we are not eligible for our bonuses for that month (to simplify that)

I was getting accommodations during working hours, but I was informed to get accommodations to miss work I would have to fill out a different form. During my write up, the assistant manager explained that she believed I was making up or exaggerating my symptoms (my direct supervisor was a witness to this conversation and I even pointed out during this meeting how I felt they were accusing me of being able to control my bathroom frequency when I could not). Now there are 2 more incidents where this same assistant manager was hostile toward me but it didn't seem to be directly related to my medical condition. Several supervisors, including the assistant manager "coached" me several times on my bathroom usage, telling me I needed to reduce the frequency (a symptom of my medical condition), but I'm not sure if that would be considered discrimination.

That's why I'm trying to get clarification on all this. All these actions created a hostile work environment, but obviously I'm unsure if that is grounds to say this was discrimination due to my medical condition. It was certainly a personal issue and I was frequently targeted for "coaching" (not a write up, just a sit simple meeting) for my frequent bathroom use.
 

cbg

I'm a Northern Girl
Actually, in employment law the term, hostile work environment has a very specific meaning and most if not all of what you are describing would not meet that definition.

I don't think what I was going to suggest is applicable and to be quite honest with you, I don't think you have a very clear claim of discrimination. Not on the basis of what you've described.
 

commentator

Senior Member
Frankly, I don't think I can be very helpful either. There seems to be a real confusion on the part of this poster about what rights they have and do not have, and what they can do about it if these rights are, in their opinion being violated. I do not see much in the way of illegal discrimination, and I think that whoever gave you the advice to move on and stop churning around about this is pretty much on target.

Do not, for a moment think that your reason for being fired from this one particular job in this one particular place in your one particular time of life is going to blight the rest of your life or make much of a difference. Certainly not worth any great investment in legal fees (as you have not much case, any attorney that will work with you will probably want a considerable amount of money up front, wouldn't be likely to do anything on contingency here.) All you will achieve with your "I'm going to make them pay, I'm going to make it so that when they see me out in public.....yada yada" is that you're going to get the reputation of being a real hard to deal with big mouthed, untrainable uncooperative local legend. And HR people in small places talk to each other. A person who's applying for a job with another company in a small local workforce is going to get reputation of this type which is a whole lot more likely to make you locally unhireable than anything they could've possibly put on a termination record.

As for unemployment insurance, I gather that the people you are wanting to testify that you did have approval to be off during this time you were off that the company is claiming is unauthorized are other employees at your level, correct? They're not actually supervisors who would be in a position to approve or deny you this time you took off that the company is saying you did not have permission for, but then later called in and requested time off for, correct? So if you did get company emails that you'd exchanged with them, it would not be from a supervisor saying, "Sure, you're fine with me to be off, have a great weekend!" or anything like that. It would just be you and they discussing what you were going to do Friday while you were off, right?

All you can really do is tell your side of the story. The company will present their side of the story. Though you are both supposedly under oath, the hearing officer will go with what they consider to be the "more believable" of the two parties. There is the assumption that one or both of you may be lying your heads off, as the approval of your claim would cost the company money, and of course you would benefit financially from getting approved. To be approved, you would need to show that you did not have any expectation that your actions on that day would get you fired, that in your understanding, you did have permission to be off, that you had already received approval to, and had worked the extra hours before hand to allow for it. That's pretty much all you need to do, proving them liars, submitting actual proofs or calling actual witnesses isn't really necessary.

Just for the record, what exactly does your letter of denial say, law number and statement from letter on reason for denial, please. Be sure that you have continued to file weekly certifications for benefits during your wait for the hearing, as even if you win and overturn the decision in this hearing, you will only be back paid for weeks for which you have certified.
 

HRZ

Senior Member
OP ...I agree with others ......but I urge you to get a review promptly of your fact pattern with a labor attorney who has a litigation record as to issues under ADA and FMLA .

You apparently have a known condition and some very troubling questions about being coached and critiqued for you disability or accomodation needs. THe issues surrounding your dismissal might be very contaminated ...

And some contaminated issues can be big money pits for employers
 

cbg

I'm a Northern Girl
You've always misunderstood the ADA, HRZ.

Nothing in the ADA says that the employer can't question or ask for verification of the medical condition. Nothing says they can't make her complete a "different" form to get an accommodation to miss work. Nothing says, in fact, that they HAVE to allow her to miss work at all - the goal of the ADA is to have people on the job, working. While a short medical leave can be considered reasonable if it will result in her being able to return to work and complete the essential functions of her position, the ADA does not require unlimited leave or leave that will not leave her enough time to get her work done. There is no discrimination in suggesting that she needs to learn to manage her condition to avoid, or at least limit, workplace disruptions.

I'm not prepared to say, for certain, that she has NO case, but there's certainly no slam dunk here. Based on what she's posted, any EEOC case is weak at best.
 

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