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Home Depot termination procedure

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shytown1981dc

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

I was wondering about my recent termination from Home Depot...I have been an employee there for over 9 years and over that time, thier discipline actions regarding absences/tardies have changed a couple of times. I recently have been working 10 hours/week at the most and was unaware that our most recent discipline system had changed. We used to go on a point system (accrue 1 point for a tardy, 5 for no call/no show, etc) and were eligible for termination after accruing 10 points. This also included a verbal warning after 3 points, a written warning after 6 points, and a final written warning after 9 points. I never received any warnings after 3 points. I also never received the "final notice" that my employer claimed that I signed. I didn't even know we weren't using points anymore...they go on "occurrences" now (calling in or being late = 1 occurrence). Supposedly, after your final notice, one occurrence will get you fired. So, my question is...how can I be fired if I never received this final notice and didn't know where I stood as far as occurrences? I asked them to produce my final notice when being terminated and it couldn't be found. Do I have grounds for some type of compensation? Perhaps a law suit...I think this is all just ridiculous! I have a child, children get sick, sometimes I need to call in. I'm rarely late (although I was 2 times within the last few months), but if you look at the big picture, it couldn't have been more than once a year. There are other employees that are consistently late and are still employed. I think Home Depot plays a lot on favoritism and I'm angry. What can I do?
 
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swalsh411

Senior Member
You should file for unemployment while you look for a new job. As long as you were not terminated for misconduct you should not be disqualified. Also, if Home Depot did not follow their established discipline policy, that will help your case with the unemployment examiner.

Home Depot is not legally obligated to follow their discipline policy. They could legally fire you with no warning while continuing to employ somebody who has received multiple warnings. Short answer, you have nothing to sue them over.
 

Hot Topic

Senior Member
Previous post is a little confusing. On the one hand, it says that it will help your case if Home Depot didn't follow their established discipline policy. On the other hand, it says that Home Depot is not legally obligated to follow their discipline policy.

File for unemployment. You should get it.

You no more have a case than I would if I sued because the company penalized me for being late to work but decided it was okay if you were because you have a child and I don't. "Fair" and "legal" are two different concepts.
 

commentator

Senior Member
As far as filing for and receiving unemployment benefits, it would help the case if it can be shown that the company didn't follow its own policies, or changed the polities in an arbitrary manner so that the person did not know that this next absence would result in termination. Same way with a doctor's excuse for an absence. It may not keep the company from firing you without repercussions, but it can really help your chances of being approved for unemployment insurance after being fired.
 

cbg

I'm a Northern Girl
It's only confusing if you're trying to merge unemployment benefits with the legality of a termination.

The fact that the employer did not follow their own policies can make it easier for the employee to get unemployment.

The fact that the employer did not follow their own policies does not make the termination illegal.

The vast majority of people collecting unemployment were legally terminated. There is no correllation between unemployment benefits and an illegal termination.
 

shytown1981dc

Junior Member
Thank you

Thanks everyone for all of your comments. This helped me gain a little perspective. I didn't figure I could sue over this, but thought I'd get other opinions. I do plan to go for unemployment. It'll be interesting to see if HR comes up with a forged document of my final notice, which has been suspected of them before. Honestly, Home Depot is a terrible place to work for and I just stuck there for the money while in school. I'm done in May though, so it was OK timing. Thanks again everyone!
 

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