• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

unfair

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

R

RachelJ

Guest
i was just fired yesterday due to a conflict with another worker...i live in tennessee and work with a contract company out of texas...i started 2nd shift 1 wk ago to train as assitant team leader with another person to train for team leader...i am female..the other is male...i had been with the company for 9 mths...him...3wks....when i would give him information when he would do someething wrong he would always go to the supervisor to make sure it was right...i understand that to a degree but there were other things involved that made me think there was more to it than that...like a converstion he had telling me that men only bought women nice dinners to get them in bed and that they only married them to have a steady bed partner...which was why he wasn't with either of his 2 wives any more...at at later date during an argument i called him a male chauvinist pig....he later had a meeting with my and my supervisor and told me that my job was in serious jeopardy because if he told my main boss i called him that i could be fired...it was a federal offense to call one that and could cause the company thousands of dollars...later our problem was brought to the mail boss attention and he proceeded to lie about the discussion saying he was not talking to me and that he was only stating facts from a university study...when an incident report was written out by the boss...the first few lines stated that the disagreement was over an university study!...i was out raged that they put down what he said plus the fact it was a lie and had a witness to to prove that...the boss said to write our own incidents report down and turn it in the next day...i wanted to discuss the situation with the boss further and have the witness..the witness being my supervisor...tell the truth....it did not matter and he would only repeat for me to put it on paper...i was quite frustrated by the way i was being put off and that it appeared they were taking the others view over mine because it suited them best to make it go away regardless of the truth...he saw i was upset and told me i needed to clock out...i was more upset then but did not say anything...although i glared up a storm...i ended up clocking out and my boss escorted me out of the warehouse and took my badge and told me not to report to work and come and get my check friday...he would not give me a letter of separation...do i have a case?...to me something of sexual nature was said and did cause a hostile work place and the company did not want to pay attention to it...although they did say not to say anything else in that nature again...was he correct on my having called him the name?...what should i do?

[This message has been edited by RachelJ (edited May 25, 2000).]
 


L

lawrat

Guest
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Boy, okay I think you should read the employment labor law section at freeadvice.com and then maybe talk to an employment law attorney (attorneypages.com). Sometimes, it may be a perception issue. I do not know enough about the situation to give you a definitive answer but I can tell you sometimes life can be unfair. It may not be the issue of lies going around that got you fired (dismissed) but rather your uproar (instead of calmly and quietly handling it by contacting an outside mediator). Basically, what do you expect to get out of this. Do you really want your job back? Even if you got it back, they will think of something else to get you fired. Also, if you want money, it may be difficult. At most, you may have to settle for an apology letter and something to ensure they don't bad mouth you when you seek another job.
 
R

RachelJ

Guest
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by lawrat:
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Boy, okay I think you should read the employment labor law section at freeadvice.com and then maybe talk to an employment law attorney (attorneypages.com). Sometimes, it may be a perception issue. I do not know enough about the situation to give you a definitive answer but I can tell you sometimes life can be unfair. It may not be the issue of lies going around that got you fired (dismissed) but rather your uproar (instead of calmly and quietly handling it by contacting an outside mediator). Basically, what do you expect to get out of this. Do you really want your job back? Even if you got it back, they will think of something else to get you fired. Also, if you want money, it may be difficult. At most, you may have to settle for an apology letter and something to ensure they don't bad mouth you when you seek another job.
<HR></BLOCKQUOTE>
lawrat....thank god...a response!!!...thankyou....what you say makes sense...especially in the likes of the company i'm working for....but what you said about a mediator....i have no idea where that person could have been found though....it's a big mess....which brings me to my next question...can you be fired without being told a reason why????...and can you be on with a company for 8-9 months without an evauation being done and seen by you and signed????...

 
L

lawrat

Guest
as usual, keep my response in mind.

Your answers to the two questions, to the best of my knowledge, are as follows:

1) Fired without reason: if you live in an "at-will employment" state, then you do not ever have to be told why and can be fired with or without cause (and you can walk away for no reason too) at any time without notice. You can figure out if you live in such a state when you signed some paperwork to have you start work. Usually, at the bottom, near signatures (but check the whole doc) is a statement. "employer-employee relationship is at will, can be terminated at any time, by either party, with or without cause".

2) As to evaluations: some employers do evaluations every 6 months, some do annually. It all depends on company policy. Either way, you usually review the doc. Remember, you have a right to your personnel file.


Hope this helps. Good luck to you.
 
R

RachelJ

Guest
thankyou lawrat.....keeping your response in mind....i guess there is no use in beating a dead horse....i guess i was spoiled when working for the govt.for 11yrs...you did mention that maybe i could insure not getting bad mouthed when going for another job....etc...how would i do that?...and thankyou for all your advise....
 
L

lawrat

Guest
as usual, remember my disclaimer.Yup, some sort of agremeent to prevent defamation. I.e. if you give a potential employer to contact this person, you want to ensure this employer does not bad mouth to a prospective boss.

I suggest contacting the EEOC to see what methods are best, so you do not have to explain to new employers why left your old job. Because sometimes explaining (even if you were the victim) could make you seem to be a whiner/troublemaker/liar.


 
R

RachelJ

Guest
lawrat....i understand that you only offer advise.....but being that is what i need and came here for i am ever thankful....thanks for comming to a site like this and helping people like me....i feel some sort of semi closer on this and my anger at the whole thing has decreased....(was wasted energy anyway)....thankyou ever so much.... =)
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top