Unsigned contract?

[roxmiva]

Has anyone ever heard that once you've been employed for over 2 years by the same company, you have an unsigned contract with them? I was recently fired and I didn't think I had a case against my employer. But I spoke with a friend who works in Human Resources at a major dept. store and he told me about that the unsigned contract issue. He said I could have a case. Anyone heard of this? I've put my situation down below. I posted it yesterday. Any info would be appreciated.

After the owner's daughter, who is also an employee, engaged me in a yelling match in front of customers, I grew so upset that I had to leave. After a cooling off period of approx. 1 hour, I returned to work. I talked to two managers who sympathized with me because the other employee has a reputation of being a problem employee. They said that they would talk to the owner, and get the problem resolved. The next night, I returned to work. My manager informed me that the owner had told her that my shift was covered by his son, and that the owner would talk to me later. The manager advised me to call the owner at home. When I called him at home, he said that he hadn't decided whether he was going to fire me or not, but I was on suspension. I explained to him the reason why I left, and said that I was unable to perform the duties of my job. Therefore, I allowed the other employees who were more capable of performing my duties to take over. He still said that he had to talk to my general manager before he made his decision. I called my general manager the next day, and she informed me that she still didn't know what was going on. Today, I talked to my general manager, and she said that I no longer worked there. She told the owner that he was firing the sweetest, most unselfish employee he's ever had. She then said that the owner said that he didn't fire me, but that I quit by leaving in the middle of my shift. I felt that because of the hostile situation, I could not perform the duties of my job. This is the reason why I left. Therefore, I believe that he fired me. I have worked there for over 2 years, and I have a perfect record. I have never called in sick, I work well with all my co-workers, and have never been "written up" by my supervisors. All of my managers and the employees, including the owner's son, think that my termination was unjustified. Do I have grounds for any sort of action against the owner?

 

[Vincent Cosent]

Unsigned contract

Yes when uncle sam drafted me.

Im sure the owner got all the facts about your actions from his daughter. Sweet girls dont get into yelling matches in front of customers.

 

[Beth3]

roxmiva - what your HR friend is telling you is without foundation. I know because I'm in HR too and there is no such accepted principal that after two years anyone has an unsigned contract with the employer.

Unless an employer specifically negates "at will" status, such as entering into an actual contract or makes statements that would constitute a verbal contract (which can happen but is very rare), then you remain an "at will" employee, even if you work somewhere for 30 years.

As I said in an earlier reply to you, the circumstances of your separation are unfair but they are not illegal. You do not have a case.

 

[cbg]

I am also in HR and I have never heard of any such thing as your friend is telling you. That may be how his company chooses to do business but that is their choice and not a law binding on anyone else. I'm sorry, but I have to agree with Beth. This falls into the unfair but not illegal category. You have no legal standing on which to sue.