Is this legal or iilegal termination

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LeoJoey

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This is a copy of my 2nd termination paper I received after they was served by the EEOC is this legal? And yes I have two termination papers with the same date on both. The EEOC person I am working with I feel is not really listening to me and he screams at me. Is it legal to change my EEOC person also?




Dear Mr. ????:

On Feburary 22, 2008, Elena Cedano, Manager, Claims, Guadalupe Garcia, Chief Union Steward and I met with you to discuss your work performance as evidenced by the following:

 On 02/21/08, Elena spoke with you regarding frequent breaks, frequent failure to sign in/out of the ETime system at lunch, improper polling of the ELA system when not working.
 On 02/22/08, Elena noticed that you were away from your desk for an extended period of time. A review of the processing time confirmed that you had not been processing for approximately 45 minutes. When questioned by Elena as to your whereabouts you responded with "I was outside on the phone with my doctor office. I told Elena that this morning that I was waiting on my doctor to call. But the phone call was not 45 minutes long."

You were asked during our meeting what time you were away from your desk. You stated you that you were unsure of the time you left but you were sure it was not 45 minutes. When asked where you were, you stated again "outside on the phone with your doctor." Asked if you were outside on the phone with your doctor the entire time, you said "yes". When asked did you leave the building during that time, you said "yes, to get my medicine out of the car.

When confronted with the C*Cure security system report showing you that you accessed the main entrance to the building at 9:26 AM, you said "I just told you I left the building to talk to my doctor and get my medicine."

Notwithstanding that this constitutes not only misuse of company time but also dishonesty, your manager expressed a desire to put this incident behind us and give you an opportunity to start fresh. Elena also expressed that she forgot you spoke to her that morning concerning your phone call to your doctor. You then said "I didn't do nothing wrong because I informed her of my whereabouts and she (Elena) knew where I was. I didn't lie or misuse company time." It was noted during the meeting, that while Elena was speaking directly to you and trying to elicit a positive response, to include calling you by name twice, you would not look at her until finally asked to do so by Guadalupe Garcia, the Chief Union Stewart.

The meeting continued with the following information being clarified:

 You were expected to be at your desk and working during work periods
 In the event you need to be away from your desk for an extended break (i.e. 10 minutes or more), you should notify your manager either personally or by sending an email
 You are not to leave the building except during your scheduled break or lunch
 Failure to follow the directive of management, lack of response or discourtesy to your manager constitutes insubordination which is subject to disciplinary action

On Feruary 26, 2008, Guadalupe Garcia and I met with you again to discuss your failure to follow the directive of management as evidenced by the following:

 An email from your manager, dated 2/25/08 at 11:01 AM, requesting that you provide your production sheet for Friday. Since you did not respond, Elena went to your desk and asked for the production sheet to which you responded "I thought I left one on your desk." You were told to submit it right away.
 When Elena checked her production file the next morning, she found that you had failed to turn the production sheet for Monday, as well.
 At approximately 9:00 AM on 2/26/08, Erika Melvin, Team Leader, walked over to your desk to request your production sheets as Elena instructed her to do. Noticing that they were sitting on your desk, she took them and submitted them to Elena for you.

When asked why you did not comply with the directive of management you stated "I did do what she said and that was to do the production sheets and write down my password for her and she will come pick it up from me later. Asked when you completed them, you said "I completed them after being reminded by her (Elena). She (Elena) told me she was coming back to get them from me in a few minutes to give in." You were reminded that completing the production sheets was a regular part of your job and that it was your job to submit them to your manager. Additionally, you were advised that by not responding to her direct request (via email and in person" you were being insubordinate. You then stated "I am not being insubordinate I did what she asked what she asked me which included giving her my passwords to unlock my computer and ETime. So now she (Elena) can do whatever and frame me. I cannot work with her (Elena)". When asked why you were evasive, you stated "She (Elena) calls me a thug, tells me she took a chance on hiring me because she usually don't hire my kind (Black Americans), she (Elena) tells me if I don't do everything she want me to on the clock or off the clock she (Elena) will have me terminated. I gave her (Elena) my doctors notice and she (Elena) told me that she (Elena) don't need anymore sick people under her (Elena) management". Upon further probing, you stated "I feel like I am being harassed along with everyone else who is not Hispanic. I feel that if you are not Hispanic she (Elena) treats you different." You were told that the comments made by Elena were comments of encouragement to show her confidence in him.

The discussion concluded with the following clarifications:

 While you do not need to like your manager, it is imperative that you follow the directives given; failure to do so is an act of insubordination and subject to disciplinary actions
 You were encouraged to do your share in maintaining a harmonious working relationship with your manager
 You were advised to respond to requests, inquiries and questions in a respectful manner and advised that your health is not the company responsibility
 Restatement of the clarifications provided during our meeting on 2/22/08

Following our meeting, it was reported by your manager that the two of you had a very productive meeting on Feburary 27, 2008 during which you both had an opportunity to clarify understanding and discuss how the two of you would work together and communicate moving forward. When asked did you agree, you said "No". When asked why, you stated "During the meeting she (Elena) made threats of getting me fired so she (Elena) can add on the Hispanic temp worker. She (Elena) told me with my passwords she (Elena) can do whatever she (Elena) want to do and I was to do whatever she (Elena) say otherwise I will be fired on the spot. I am to only use the restroom on breaks and lunch time not during the day. If I was to tell anybody what she said during the meeting she (Elena) will deny it and have me fired the same day." You then requested to file a harassment complaint. You were informed that you needed evidence to file such a complaint and reminded that dishonesty is an insubordinate action. Your harassment complaint was denied. You then stated "She (Elena) have control of my email, my ETime, and anything else and nobody is helping me. You were informed that your manager is allowed to have your passwords and control of your email and ETime.

There appeared to be an immediate improvement in the manner in which you interacted you're your manger until the following sequence of events on 2/28/08:

 At 12:50 PM, it was noted that you were away from your desk
 You were observed by your management at 1:00 PM in the dining commons
 You returned to your workstation at 1:39 PM
 An email was sent by your manager at 1:48 PM advising you had forgot to punch out for lunch
 You responded in email that you were at lunch from 1:06 PM to 1:39 PM

In an attempt to verify the assertion that you only took a half hour lunch period the "Validation Details Report", "Validation Operation Statistics Summary" and security camera recordings were reviewed yielding the following:

 Validation Details Report – documents that you stopped processing for 58:43 minutes
 Validation Operator Statistics Summary – documents total processing time of 4.00 hours when you left for lunch and when polled 20 minutes after your return shows and advance to 5.24 hours (indicating that you were polling during your lunch, though previously directed not to do so)
 Security camera recording review showing the following activity by you –
o Entered main lobby at 12:45 PM, retrieved delivery
o Entered dining commons at 12:46 PM and stayed to eat luch
o Exited dining commons at 1:38 PM
o Returned to work station at 1:39 PM

After this was showed to you, you stated "I brought lunch from Moby's with some others including Elena. If you all had a camera back there you would see me informing Elena that I was on my way to pick up the food. Elena told me not to come back there with the food and she would be in the break room to pick up the food. Elena walked passed me in the break room and never picked her food up. Also I informed Elena of me needed a extra time for lunch and could I make it up later. Elena replied to me yes that's ok. When she (Elena) asked me in person what time did a leave for lunch I told her I wasn't sure but it showed 1:06 on my cell phone after I sat down and started eating but if you check the system polling you can see what time I stopped polling but I did take a longer lunch like I told you." You were informed that Elena reported to us later and agreed to what you said. Elena also admitted to logging in your name and using your email to send that you told her you left at 1:06 PM. Elena then apologized and you refused her apology. Guadalupe Garcia, the Chief Union Stewart, Ruth Chambers, Claims Director, Elena Cedano, Manager, Claims, and I met and also concluded that your health was a thwart to the company.

In light of the foregoing, it is the determination of the Employer that you demonstrated repeated misuse of the company's time and insubordinate actions. Furthermore, your health conditions show that you are not able to do the work that was assigned of you and your failure to use the timekeeping system in the prescribed manner, and subsequent misrepresentation of time worked represents a direct violation of HIP/HIPA's policy governing Time Records as well as an act of dishonesty. As a result, your employment with HIP Administration is terminated effective immediately.

Notwithstanding our determination that your termination is for gross misconduct and health related issues, on a non-precedential basis, we are offering you the opportunity for COBRA continuation.
 
If you were terminated BECAUSE you filed a complaint with the EEOC and this is a pretext, it is illegal.

However, if you were terminated because you violated company policy and you would have been terminated regardless of whether you had filed with the EEOC or not, it is legal.

That's all I can tell you. I have no way of determining which is the case.
 
But if you look over each thing they accussed me of I actually didn't break no policies. I asked to file a harassment complaint but if you read it you'll see where she denied me of my complaint. I was threaten and all and no actions was taken against my manager just me. I was forced to give up my password and all and my manager even admitted to wrong doings of framing me to get me fired and no actions was taken against her.
 
My answer stands. If you were fired for reasons that would have gotten you fired with or without the complaint it is legal. If you were fired because you filed an EEOC complaint it is illegal.

I do not have a crystal ball. I am not inside your employer's head. I do not know what their reason was. Asking me again is not going to give me any insight as to their reasoning I do not already have.
 
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