Compensation for "Paid Time Off"

[matthew]

What is the name of your state? Texas

I worked at a high-volume, high-stress call center for nearly 4 years. As I understand it, I was given immediate termination nearly 2 weeks ago for making an obscene hand gesture directed at no one. Please read my summary of events:

Roughly 3 months ago I threw a headset down and said “Thank you” somewhat loudly when, after a lengthy call, a caller finally wanted to speak with a supervisor. I only “threw” 1 thing and it was that 1 time. I don’t recall voicing obscenities. Still, I was placed on Level 1 “Code of Conduct” (a written warning). Since then, I made it a point to avoid raising by voice and avoid “throwing” things. I don’t recall committing any seriously bad behavior on my part beyond that since then until I was directed to receive a level 4 “Code of Conduct” termination.

It was claimed that I used obscene gestures throughout the day. I was also told that employees were concerned for their safety. Due to this, I was terminated. Upon hearing this, I remember that, on very rare occasions, I would raise my arm and make a brief obscene gesture (pointing to the ceiling with my middle finger). This behavior was the result of my frustration with occasional argumentative callers and was directed at no one. No one should have had concern for his safety, as I was regularly staring at the computer screen, calmly quoting and documenting information professionally. I think that it can be said that I was not behaving in an ideally professional manner. Yet, in summary, for the following reasons, I don’t think that immediate termination was due:

(1.) The lack of severity and lack of personal offence in the incident does not warrant termination. It was not vocal and it was not directed at anyone. Those not watching me would not have known.

(2.) It does not warrant a leap to the level of termination. I think that if someone would have simply told me, “Please don’t do that” it would have ceased and not happened again. At most, I think that it can be argued that a level 2 or maybe even a level 3 “Corrective Action” (probation) may have been warranted.

(3.) I was not given a chance to consult, apologize, and explain my behavior with those who were concerned for their safety. As I said, if someone had simply told me not to make such an obscene hand gesture, it would have ceased.

I do not what want my old job but I did accumulate at least 1 week of "Paid Time Off". I think that I am due partial compensation for that. I also think that I am due a small severance package (I did not even receive a 1-day notice). Unfortunately, even though I asked for a copy of the employee handbook, I was not given one. I wrote a formal appeal on June 21 to Terry W. and even left a message on his phone 2 weeks ago, but I have yet to hear a reply. Please help or at least advise.

Was I grossly out-of-line or was my termination not really warranted? I think that the decision-makers wanted to come up with some weak excuse to weed people out as a way to downsize without having to provide unemployment. By the way, I am in the process of filing for unemployment.

MatthewWhat is the name of your state?

 

[xylene]

Was I grossly out-of-line or was my termination not really warranted?

You were grossly out of line.

AND Even if you were not, absent a contract, you could be terminated for nearly ANY reason.

I think that the decision-makers wanted to come up with some weak excuse to weed people out as a way to downsize without having to provide unemployment.

Did you have that sense before you acted out? If you did, than flippin the bird randomly to vent a little was an even worse move than it would be normally.

By the way, I am in the process of filing for unemployment.

Working inbound-call cusotmer service is EXTREMELY stressful.

Your employer is sure to contest your unemployment claim as "for cause"

Contesting this would be extremely difficult without perjuring yourself, and even if you did lie and say it didn't happen like this, you would still be sunk.

I feel your frustration. Use this change to find a new career that satisfies you, rather than one that sucks your soul.

Consider taking a course or some training. That way you can position your new job search as a career change, rather than a firing.

 

[cbg]

(1.) The lack of severity and lack of personal offence in the incident does not warrant termination. It was not vocal and it was not directed at anyone. Those not watching me would not have known.

That does not change the fact that it was legal to fire you for it.

(2.) It does not warrant a leap to the level of termination. I think that if someone would have simply told me, “Please don’t do that” it would have ceased and not happened again. At most, I think that it can be argued that a level 2 or maybe even a level 3 “Corrective Action” (probation) may have been warranted.

The law does not require that you be given prior warnings or that "the punishment fit the crime". It doesn't matter whether you agree that termination was warranted, or whether I agree. The employer thinks it does warrant termination, and he has the only vote that counts.

(3.) I was not given a chance to consult, apologize, and explain my behavior with those who were concerned for their safety. As I said, if someone had simply told me not to make such an obscene hand gesture, it would have ceased.

That's all well and good, but the law does not require you be given a chance to consult, apologize, or explain your behavior. Nor does anyone have to tell you not to make obscene hand gestures; you should know without being told that it is not appropriate in the workplace.

I did accumulate at least 1 week of "Paid Time Off". I think that I am due partial compensation for that.

Not under the law you're not. Texas law does not require that you be paid out vacation, sick or PTO time unless such a payout is provided by policy or contract.

I also think that I am due a small severance package (I did not even receive a 1-day notice).

Again, not under the law you're not. Only three states (none of them Texas) EVER requires severance under the law, and no state requires it under these circumstances. It is very rare for an employee to be granted severance except in downsizing situations.

Was I grossly out-of-line or was my termination not really warranted?

You were grossly out of line and whether your termination was warranted or not is irrelevant; it was legal.

I think that the decision-makers wanted to come up with some weak excuse to weed people out as a way to downsize without having to provide unemployment.

They don't get to make that decision; the state does. However, even if you are granted unemployment, it will not have any effect on the legality of your firing. The vast majority of people collecting unemployment were legally fired.

 

[ecmst12]

Anyone old enough to hold a full time job should well know that making obscene hand jestures in the office (directed at someone in particular or not) is completely unprofessional and "grossly out of line." Chalk it up as a lesson learned and move on. At your next job, try to act like a grownup.

Oh, and when you get fired, you don't get severance. If you're VERY lucky, you get paid for what's in your PTO bank, but as you've been told, it's not legally required.

 

[matthew]

Ouch. Okay. Thanks for your opinions. Even though I wasn’t behaving in a professional manner, it was an unusually stressful day. I still think that I should not have been so swiftly fired. I suppose that I should have taken unscheduled leave if things were getting that stressful for me. I learned my lesson. Well, at the very least I will still pursue unemployment insurance. At the same time, for the past 2 weeks, I have been trying to do my best at finding another job. Again, thanks for your advice.

 

[Gadfly]

Even though I wasn’t behaving in a professional manner, it was an unusually stressful day.

Doesn't matter. Your JOB is to be professional every day. Period.

I still think that I should not have been so swiftly fired

Again, doesn't matter what you think. YOUR responsibility is to be professional every day.

I learned my lesson.

As long as you believe the first things you said, no, you have NOT learned anything.

 

[matthew]

Doesn't matter. Your JOB is to be professional every day. Period.

Yes. I understand that now.

Again, doesn't matter what you think. YOUR responsibility is to be professional every day.

Yes. I understand that now. As I said, I was not being professional.

As long as you believe the first things you said, no, you have NOT learned anything.

My statements are not inconsistent. While I was not behaving in an ideally professional manner, I think that my previous employer blew the incident out of proportion. Other employees probably were even less professional. Anyway, I was fired and I learned my lesson. I learned that each day, I should try to do my best to behave in a calm, cool, and professional manner and certainly never make any obscene comments or actions.

 

[Country Living]

I have terminated employees as soon as they exhibited violence in the workplace - we have a zero tolerance policy. Yes, your outbursts and physical display of outrage would have been handled under this policy.

You've gotten some good advice - learn from this and move on.