I need some help - I was terminated

[Heidiho]

Yes, the Wage and Hour division, not the Human Rights division would be the one you'd have that discussion with about how you were being paid and whether you got paid for that last day. Remember, this is all apart from unemployment, too. It would deal primarily with the issue for which you were terminated. Think about that call you had with HR and be prepared to give the high points to the unemployment adjudicator whom you speak with coming up. Keep things factual and brief, don't go into your feelings or emotional issues with them. They'll ask pertinent questions.

You might suspect (might even work into the dialogue with the unemployment system) that the health issues your husband had might have made you some perceived liability to the employer, I've seen many companies pull this sort of thing before. Unfortunately, it'd be impossible to prove and would be legal for them to do. All it can do is make you understand that even though you were terminated this way, you were not a bad employee, that you did have a good 18 year run with them, and that bad things can happen to good people in regard to their employment.

Win this unemployment approval, and move forward toward getting a new and hopefully better position with your self esteem relatively intact. They used you for many years, and you used them as a livelihood, but they weren't your family and didn't love you, weren't supposed to. They did allow you to learn valuable skills and get experience that can be of great use to you in your next position, and that's how you'll need to pitch things to your future potential employers.

Thank you - I really appreciate the pointers regarding the phone interview.

 

[cbg]

No, I'm a long time HR professional. Done my share of termination interviews. They're generally short and to the point unless they're part of an RIF.

 

[Heidiho]

No, I'm a long time HR professional. Done my share of termination interviews. They're generally short and to the point unless they're part of an RIF.

So what could I do/say at this point to try to get them to take another look at this? I really feel that this investigator did not look at what had happened. He said he had called my boss and spoke with her. I don't understand how speaking to my boss is an "investigation". I thought that the investigator would look at the internal system, note questions, and then speak to my boss and me to get further clarification. Instead, he just spoke to my boss.

Let me add that I do not want this job back. I don't want some kind of lawsuit. What I would like is for the "not eligible for rehire" to be removed and then moved to another LOB.

 

[Zigner]

So what could I do/say at this point to try to get them to take another look at this? I really feel that this investigator did not look at what had happened. He said he had called my boss and spoke with her. I don't understand how speaking to my boss is an "investigation". I thought that the investigator would look at the internal system, note questions, and then speak to my boss and me to get further clarification. Instead, he just spoke to my boss.

They investigated as much as they felt was necessary.

Let me add that I do not want this job back. I don't want some kind of lawsuit. What I would like is for the "not eligible for rehire" to be removed and then moved to another LOB.

In this situation, there is nothing that you could do to force this outcome.

 

[cbg]

Quite honestly, the answer is, Nothing. They don't have to conduct the investigation the way you want, and there is nothing you can do that will force them to remove the "not eligible for rehire".

Just so you know, that is NOT the "kiss of death" that many people assume. For example, I once worked for a place where EVERYONE, no matter what the reason for their leaving, was marked "not eligible for rehire" because of complicated reasons to do with non-disclosure agreements. And other like firms understood that. It didn't mean the employee couldn't or shouldn't be hired. There are many, many reasons why someone's file might be marked that way, and HR professionals who know their jobs, know that.

 

[Heidiho]

Yeah, I did/do assume that "not eligible for rehire" is the kiss of death. And I totally hear what you guys are saying - that there is nothing more I can do to compel them to take another look. I asked because I feel like I need to ensure I'm exercising all of my options here, or I'll kick myself later. The whole thing is just so wrong to me, and I've seen people make many, many mistakes in the years I've worked there, and I've never seen this sort of reaction to them. And I'm not saying I made a mistake - I honestly don't know, because they wouldn't let me see any of the documents. I've personally had access to, in prior positions I've held at this company, names, social security numbers, signatures; all kinds of personal information for very high net worth clients - and never had any problems. What they are saying I did is akin to if you had a construction company, and the place you ordered your cement from sent you something that had the names of the other companies that also ordered cement from them on it.

I know my own pride is getting in the way of me moving past this. I'm trying to squash that down and look at it objectively, but it's hard. I've even contemplated drafting a certified letter to the CEO; not to get him to do anything for me, but to let him know what's going on down in the trenches of his own company. Probably not a good idea.

 

[cbg]

The other thing to keep in mind is that in 49 out of 50 states, and sometimes in the 50th, you can be fired because the day of the week ends in Y, and it's perfectly legal. They don't HAVE to have a for-cause reason. Without some clear and convincing evidence, and based on what you've posted you do not have any, that you were fired BECAUSE of your membership in a group or characteristic protected by law, they can fire you for wearing green socks. Or not wearing them. And you can quit for any reason at all. Think of it in those terms and it might be easier to take.

 

[commentator]

Come on now. Write your letter expressing all your feelings, and then burn it and walk away. The company CEO doesn't one rat's patootie what's going on "down in the trenches" as long as the company's making money. They do not give much thought or concern to one employee among many who was treated unfairly or unkindly. The only interest here is self interest. And as I mentioned above, your husband's health concerns might have made you a perceived liability to the company. Do you think the CEO would mind that money was saved for the business in some way? And since they may have gotten rid of you because of this issue, maybe, just may have, they're certainly not going to rehire you or post that they'll ever rehire you, because they don't want those costly insurance claims back.

I too have worked in employment for many years and have seen many people terminated with a "no rehire" and it is not the end of the world, or even of your career. If you'd been a really bad employee, 14 years is a long time to decide they need to terminate you. The less time you stay camped here and dig at this situation, the longer it will take you to recover and move on.

 

[Heidiho]

I had my interview with the unemployment office, and it went well (at least I think it went well). So far my former employer has not contested my unemployment claim, which he said was good. Apparently they have two days from now to contest, and if they do not, then my claim will default to a judgement for me. Hopefully that will happen.

 

[commentator]

Not exactly but close enough. If they do not choose to give any kind of answer to the agency's inquiries as to why you were terminated, they'll still ask you all the questions, still give a decision on the termination. If the employer doesn't respond, it's no guarantee that you will be approved, just much more likely, in the circumstances. It's possible to be denied, even if the employer doesn't contest, if the agency thinks the employer had a good enough reason to terminate you. But this is not likely to happen in this situation. Good. Also you won't have to fool with a second hearing from them appealing your approval. So now, put this behind you, and start looking for that new better job. Good luck to you.