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Displine or firing

Discussion in 'Termination: Firing & Resignation' started by Jamie Allen, Jan 8, 2019.

  1. Jamie Allen

    Jamie Allen Law Topic Starter New Member

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    I came into work one day and was told that we were having issues with our phones that it might be broke or having reception problems later that day while dealing with a customer complaint on phone it was messing up and I could not communicate with the customer the customer called into corporate and complained and I was wrote up and now possibly will be terminated due to this .I've worked for the company for over two and a half years and have no complaints nor any disciplinary action have never missed a day and have received numerous raises and promotions.A model employee..I documented situation with the phone problem as did other manger earlier that day and police documented it as they tried contacting restaurant about alarm going off .The next day when I received my write up was told phone excuse was not good enough but district manager had bought new phones for store.. all documented in email and text message , company spending records and police reports .,.can I seek any legal action.
     
  2. army judge

    army judge Super Moderator

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    An employer can terminate an at will employee with a reason, for cause, or just because the employer has the ability and authority to terminate an employee's position at anytime.

    If you're terminated you'd have no legal grounds upon which you could recover.

    There is no right to employment anywhere in the USA.

    In fact, an employer isn't required to warn you, rehabilitate you, or listen to your explanations.
     
  3. Jamie Allen

    Jamie Allen Law Topic Starter New Member

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    Thank you I've been told the only recourse I could seek is possible discrimination do to progressive discipline process and being fired on a first complaint when others of different race and sex have had no recourse of action implemented...and having and outstanding record documented by reviews every six months ...your thoughts
     
  4. army judge

    army judge Super Moderator

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    Even IF a person is a member of certain protected classes, she can still be fired.

    Termination isn't automatically barred because a person is in the protected class.

    Employers don't have to treat all employees the same.

    Bubba can be fired for being tardy to work, but that doesn't mean Jethro's tardiness can't be ignored, especially if Jethro's is sleeping with the boss, Luigi.

    Treating one person better than the other isn't discrimination per se.
     
  5. Jamie Allen

    Jamie Allen Law Topic Starter New Member

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    I appreciate your input but while legal recourse against employer may be hard you make it sound impossible....not the case..my current employer just lost for gender bias discrimination for pay ...I will seek resolution through HR which will protect me for minute due to them being scared of firing for bring complaint to their attention which is illegal ....they will at least wait little while to terminate me ...I did nothing wrong and honest person with any morals will see that .......THANK YOU THOUGH ...LOVE THE OPINIONS OF OTHERS
     
  6. Tax Counsel

    Tax Counsel Active Member

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    If you are fired because the employer got a complaint over how a call was handled that is not a wrongful termination as that term is used in the law. It may be unfair that the real cause of the problem with the call was the phone equipment, but firing you because of it is not illegal. The employer doesn't have to have a good reason to fire you. All that matters is that the reason the employer fired you was not among the relatively few reasons that the law says an employer cannot use to fire you. The prohibited reasons include firing you because:
    • of your race, color, religion, sex, national origin, citizenship, age, disability, or genetic test information under federal law (some states/localities add a few more categories like sexual orientation);
    • you make certain kinds of reports about the employer to the government or in limited circumstances to specified persons in the employing company itself (known as whistle-blower protection laws);
    • you participate in union organizing activities;
    • you use a right or benefit the law guarantees you (e.g. using leave under FMLA);
    • you filed a bankruptcy petition;
    • your pay was garnished by a single creditor; and
    • you took time off work to attend jury duty (in most states).
    The exact list of prohibited reasons will vary by state. But in no state is it illegal to fire you because of a bad call with a customer, even if the problems were due to equipment and not your performance. It sucks to be fired over something that wasn't your fault, and it's stupid for the employer to do it, but the law doesn't penalize the employer for being stupid.
     
  7. Jamie Allen

    Jamie Allen Law Topic Starter New Member

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    You are dead on my thoughts exactly and sound like attorney with good set of ethics ...unfo unfortunately most don't or lie to themseleves....was told being only person of my race in my workplace can be used a negotion tactic if not basis for discrimination....was told if you are fired .....how do you know it wasn't because of your race...by attorney.......but think he greedy for client
     
  8. zddoodah

    zddoodah Well-Known Member

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    Legal action for what? Nothing has happened to you.

    That said, even if you get fired over this, you would have no basis for any legal action other than seeking unemployment. Unless you're a civil service/government employee or a member of a labor union that has a collective bargaining agreement with your employer or have a written employment contract, you can be fired for any reason other than things that aren't expressly illegal (e.g., discrimination based on religion, gender, etc.). An employer may legally fire an employee for a host of dumb reasons.
     
  9. adjusterjack

    adjusterjack Super Moderator

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    Don't count on it. HR exists to protect the employer not the employee.

    You got that right. Start making subtle hints about a discrimination action (for which I see no basis) and they'll find a way to get rid of you eventually.

    You haven't been terminated. I suggest you back off for now. Maybe seek employment elsewhere if you don't like how this deal was handled.
     
  10. cbg

    cbg Super Moderator

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    You would need some kind of evidence, and I mean evidence that would hold up in a court of law, that your race, etc. was a factor before you would have any valid discrimination claim. Do you have any?
     

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