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Old 12-12-2011, 02:14 PM
 
25 posts, read 66,476 times
Reputation: 37

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I was wrongfully teminated from a position of 3 1/2 months this past Friday. My new manager of two months implemented the termination.

I do tech support and am accused of having "far too many escalations" to an additional level of support, and not following procedures. None of which is true.

I have chronicaled and archived each and every email I sent to this manager (which are stored off-site), asking for help with my workstation, which was the culprit. Even after a reimage of my workstation last weekend, I still had major problems. This manager did nothing to facilitate my additional requests to help me with my workstation, knowing that this would greatly impact my performance. My latest email to him was sent on Friday morning, he terminated me later that afternoon prior to my lunch time that same day.

I plan to visit my local Department of Labor tomorrow, and am well prepared to produce "all documentation" of correspondence between myself, this manager, and the Supervisor..who advised me by written documentation just a week and a half prior, of how well my performance was. Additionally, I also have copies of emails that the supervisor sent to this manager advising him of my computer troubles, including my ability to clock in and out daily.

Backstory...This manager has an issue with me, because I had to "check him" when he tried to insult me with an insinuation that I lacked "common sense". I also have this email "archived", along with my reply. Seems like I had enough "common sense" to save each and every incriminating email that I plan to use to exposed him though. He had my workstation reimaged last Monday, while I was out sick...so he thinks that since he overwrote my harddrive, all incriminating emails are gone. Not, they were forwarded to my offsite storage well before hand!

My feeling is that even though he may have a personality issue against me, it is not right of him to falsely accuse me of performance issues that he did nothing to help improve, other than to terminate, and writing up a "Separation Notice" with false assertions which could deprive me of receiving unemployment compensation, while I seek other employment.

I came to work in good faith. On time, each and everyday to do the job I was hired to do, and I have the documentation to confirm that.

I am not a disgruntled employee, I met wonderful people during my short employ with the company. I only want to be able to exist without having to lose my home until I find another position.

I know I will have a victory over this situation, so I'm not trippin. I only write as a "cautionary tale".

Document, Document, Document.
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Old 12-13-2011, 04:11 AM
 
Location: Pennsylvania
219 posts, read 439,511 times
Reputation: 240
Employment At Will: What Does It Mean?
If you are employed at will, your employer does not need good cause to fire you.

Employment At Will: What Does It Mean? | Nolo.com


Unless you can show they violated a labor law or discriminated against you or something I'm not sure anything will come of it. At least if you were fired for spurious reasons you should hopefully still be able to get unemployment. Check your state to verify the at will employment part.
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Old 12-13-2011, 07:23 AM
 
12,108 posts, read 23,281,885 times
Reputation: 27241
I am not as optimistic as you and agree with sephiro499. Unless you can get the HR folks at the company who fired you on your side (as in "we violated our own work rules"), your termination will stand.
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Old 12-13-2011, 10:32 AM
 
Location: Northern Arizona
1,248 posts, read 3,509,550 times
Reputation: 631
Did you go to HR beforehand to complain about a hostile work environment? If not, you've got nothing and will be written off as a disgruntled employee, especially in a right to work state.
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Old 12-13-2011, 01:03 PM
 
18,836 posts, read 37,364,053 times
Reputation: 26469
You won't get the job back, but you will be eligible for UI, "did not meet probationary requirements" basically, you just need to state that you showed up for work, did your job, and was terminated based on issues beyond your control.
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Old 12-14-2011, 10:53 AM
 
25 posts, read 66,476 times
Reputation: 37
Quote:
Originally Posted by jasper12 View Post
You won't get the job back, but you will be eligible for UI, "did not meet probationary requirements" basically, you just need to state that you showed up for work, did your job, and was terminated based on issues beyond your control.
Exactly!

I sure don't want to get the job back. Just want to receive UI during the interim before finding another position. I am also looking forward to taking WIA sponsored training, which I took advantage of over seven years ago.

I obtained my Cisco CCNA cert through that very same program.
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Old 12-14-2011, 10:04 PM
 
354 posts, read 855,370 times
Reputation: 307
I would also send a letter to the highest person you can reach in the company clearly stating what happened and a copy of the relevent documentation after you get your UI Benefits. Make sure it's clear that you just want this person to know what happened so it doesn't happen to another person and write about what a great opinion you have of the company in general.

It might make the higher ups start watching their employees a little better. Employers usually don't like it when a Manager fires an employee because they hurt their feelings.
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Old 12-15-2011, 10:21 AM
 
25 posts, read 66,476 times
Reputation: 37
Quote:
Originally Posted by ddmhughes View Post
I would also send a letter to the highest person you can reach in the company clearly stating what happened and a copy of the relevent documentation after you get your UI Benefits. Make sure it's clear that you just want this person to know what happened so it doesn't happen to another person and write about what a great opinion you have of the company in general.

It might make the higher ups start watching their employees a little better. Employers usually don't like it when a Manager fires an employee because they hurt their feelings.
Thanks ddmhughes,

Love how you think and will definitely make sure to follow this wise counsel.
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Old 12-15-2011, 11:50 AM
 
Location: Redford Township, MI
349 posts, read 887,810 times
Reputation: 535
Default Ugh

That is pretty low but they will do whatever they can to deny the benefits.

If you truly were not wrong, facts are all the Unemployment Arbitors care about, usually. They are supposed to be objective.

Good luck and I hope you prevail. It is awful to be in that situation; perservere and just do your best
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