LibertasVeritas
Junior Member
What is the name of your state (only U.S. law)? Florida
I'm writing on behalf of a close friend. She was recently fired from her position as a server at big-name casual restaurant by a visiting area director. What doesnt make sense is that she is well known as a good worker, has never had any disciplinary action taken against her, and the reason she was fired (over the phone, after she had finished her shift...) was because she was "taking order notes on her own paper instead of the company-approved order pads". She was never asked to correct the behavior. She was given no warning, and was the only person fired that day, although multiple employees were publicly berated by the visiting area director. When the area director threatened her job upon finding that she was not using the approved paper, she immediately started using it. He let her finish the shift and ordered her to call the store's general manager the next day, only to find out that she was fired at the area director's order.
I think that there is a strong possibility of wrongful termination because the company disciplinary guidelines were most likely not followed. She is nearly positive she signed a "3 strike" discipline code (verbal warning, written warning, termination). Further, she was the only person fired that day, and also the only female threatened with termination. Multiple male employees were berated and embarrassed in front of their peers by the area director that day, and none were fired. I have less certainty on this, but believe that the termination may have been an act of gender discrimination as well.
Finally, she has been trying to get a copy of her employee file (personnel file), or at least the documents in it that she signed, and the company is refusing her requests completely.
She has followed the proper chain of command to attempt to appeal the decision, but has been met by derision and condescending commentary by both the area director himself and his immediate superior. The final step for her will be speaking with the company's VP for HR, although it was by his order that her employee file be kept from her.
She feels run-around, mistreated, and at wit's end in this economy without a job. She no longer trusts the company and does not wish to work for them any longer, but feels entitled to remuneration for lost wages at the very least.
I would greatly appreciate any advice on this situation. Specifically, is mediation an option here? Is this a case suitable for litigation? What are the odds of her finding a lawyer in Central Florida to work this case on a contingency basis? Thanks in advance for knowledgeable replies.What is the name of your state (only U.S. law)?
I'm writing on behalf of a close friend. She was recently fired from her position as a server at big-name casual restaurant by a visiting area director. What doesnt make sense is that she is well known as a good worker, has never had any disciplinary action taken against her, and the reason she was fired (over the phone, after she had finished her shift...) was because she was "taking order notes on her own paper instead of the company-approved order pads". She was never asked to correct the behavior. She was given no warning, and was the only person fired that day, although multiple employees were publicly berated by the visiting area director. When the area director threatened her job upon finding that she was not using the approved paper, she immediately started using it. He let her finish the shift and ordered her to call the store's general manager the next day, only to find out that she was fired at the area director's order.
I think that there is a strong possibility of wrongful termination because the company disciplinary guidelines were most likely not followed. She is nearly positive she signed a "3 strike" discipline code (verbal warning, written warning, termination). Further, she was the only person fired that day, and also the only female threatened with termination. Multiple male employees were berated and embarrassed in front of their peers by the area director that day, and none were fired. I have less certainty on this, but believe that the termination may have been an act of gender discrimination as well.
Finally, she has been trying to get a copy of her employee file (personnel file), or at least the documents in it that she signed, and the company is refusing her requests completely.
She has followed the proper chain of command to attempt to appeal the decision, but has been met by derision and condescending commentary by both the area director himself and his immediate superior. The final step for her will be speaking with the company's VP for HR, although it was by his order that her employee file be kept from her.
She feels run-around, mistreated, and at wit's end in this economy without a job. She no longer trusts the company and does not wish to work for them any longer, but feels entitled to remuneration for lost wages at the very least.
I would greatly appreciate any advice on this situation. Specifically, is mediation an option here? Is this a case suitable for litigation? What are the odds of her finding a lawyer in Central Florida to work this case on a contingency basis? Thanks in advance for knowledgeable replies.What is the name of your state (only U.S. law)?