Can they do this?

[tabathadolley]

I live and work in Dallas, Tx. From what I've read I have no recourse, but I feel slighted nonetheless. On Thursday of this last week I came to work and was told I had won tickets to Saturday's Truck Race at Texas Motor Speedway. I was thrilled! This had happened in front of all the workers, including the owner of the company. I made arrangements to have my shift covered(even though I felt they should have since they gave out the tickets). I get a call today at 10am(my shift starts at 3pm) from my manager who tells me that I am fired because I didn't ask her first if I could have the day off, and that I didn't tell any managers. They all knew! They asked me several times if I would be going! I told them yes, and that would mean I wouldn't be at work.

 

[BelizeBreeze]

You have no recourse.

 

[kismetique]

Wow - what a blow! It's amazing there are employers out there who have no regard for people. I understand business is business and we are all out there to make money, but doing it way doesn't make sense to me.

I'm sure BelizeBreeze is correct, but that doesn't make it morally/ethically right. It might make you feel better to think of it in these terms....if they would do you (and probably any other employees) this way, is it really somewhere you would want to be working?

I know that doesn't help pay the bills, but sometimes putting your mind in the right place and knowing what type of employer NOT to work for can help you move forward.

Good Luck!

 

[BelizeBreeze]

I'm sure BelizeBreeze is correct, but that doesn't make it morally/ethically right.

Those issues are handled at our sister station Http://forum.moraladvice.com

 

[tabathadolley]

Thanks

I pretty much knew that, but hearing it from someone else really closes the issue, ya know? I have to go up there to get my last check, so I will talk to this lady and tell her I'm really disappointed in the way she handled this, and that she fired me over the phone. If you wanna fire me, I'd rather you just do it and tell me the truth. Oh well, got an interview tomorrow and I've applied for unemployment for the time being. Thanks for the responses.

 

[tabathadolley]

A decent ending.

I just want to add that I was approved for Unemployment, even though my employer went to great lenghts to try and not allow it. They got a good friend(not any longer because of this) and another friend who worked with me to sign papers saying that I basically went without approval and I knew it, which is a lie. My boss even told unemployment that the tickets were not from work!! Unemployment called me and I told them the complete truth, and they approved me. Has anyone heard of UC upping the amount I get each week? The original letter they sent said I could receive $252 each week, and after approving me they sent a letter and a check that said they would send me $340 a week? Also, the letter said that I was "not fired for misconduct at work".. I feel very vindicated.

 

[cbg]

I'm glad things worked out for you. However, just in case you're one of the surprisingly many people who believe that if they receive unemployment benefits that means they were wrongfully terminated and can sue, it doesn't.

Your employer STILL did nothing legally wrong. Even if you got UC.

 

[tabathadolley]

No, I do understand that I was an at-will employee. I don't want to sue them, I just want them to have to pay me unemployment because they were wrong. Regardless of why they approve me, I know I was right and this particular lady was wrong.

And on a sad note, they have decided to appeal the decision. They sent me a packet of everything the UC used in making the decision, and that includes the letters from the employee's and the lady who fired me. The lady who fired me said that I received the tickets from another employee, even though she states they were from an office meeting where the owner of the dealership gave the tickets away in a raffle. She lied over and over in her statement, and I was told by the other employees that they didn't type up their statement, but were told to sign them. They felt their job would be on the line if they didn't. I am so angry that she can just lie like that. I cant wait to have this hearing to tell the actual truth, and pray they believe me over her. It's terrifying because it's a big dealership up against me, and it's just little ole me. Does anyone know anything about these appeals, and what I should be ready for in the phone call?

 

[cbg]

Phone call? What phone call is this?

 

[tabathadolley]

The appeal is a phone hearing, i guess like a conference call. It says it is a fact finding process. The guy that called me from the TWC was extremely nice and understanding, so I hope this goes as well.

 

[cbg]

Oh, I see. In my state they don't do telephone hearings unless you live WAY out in the boonies - I live less than 25 miles from Boston.

The adjudicator will run the hearing. You'll tell your side of things; your employer will tell their side of things; the adjudicator will decide who is more creditable. At least in my state, you will be given an opportunity to ask your employer questions, and he you.

 

[tabathadolley]

thank you. the pamphlet they sent said all of that, but your wording was more clear. I'm really ready to get it over with. If she lies like she did in her letters and dealings with the TWC, it will be difficult.

Thank you.

 

[tabathadolley]

i forgot to add that I live in Dallas, so I'm far from the boonies..lol. I guess it's because the area is very populated, and we have a high rate of unemployment cases.

 

[cbg]

Different states do it different ways. Some states prefer telephone hearings; some don't - I'm in one that doesn't. You're probably right about the reason. Massachusetts prefers face to face whenever possible.

 

[tabathadolley]

Update

I have my appeals hearing via phone today, and I'm nervous. I know that I was right, but I just hope I can convey that over the phone. If anyone has had one of these and can offer and advice or words I would appreciate it.