Fired without warning

[dd39525]

I was with this major corporation for 18 years and never written up for any reason in those 17 years in fact I was one of the top employees. We had a male employee that was was written up no less than 10 times given warnings and he laughed at them. he knew he was in the minority with the company and he told me this. He and I argued one afternoon after his 10th write up and he yelled screamed and actually came close enough to me where I was afraid for my safety. Well he went on paid leave and this is while he was being investigated for major issues. He retaliated stating false statements and they investigated my office and this lady thought she was a real detective. I was having a difficult personal life with a sick spouse and this was the worst experience of my time at this job. she found a couple of things from the prior year and i didn't admit to it at first but she told me that since the company was going through division changes that my response would get put under a stack of papers and everything would be ok. Well, I surreality but still told her I wasn't sure if I did this and with in a week.; I was called in and fired on the spot. Now, the guy that was fired claimed during our argument i told him he only had the job because he was a male. I NEVER SAID THAT. The company tried to get me to admit to saying I did but I refused. Well I fired with a schizophrenic husband no money to care for him. Now what I was fired for was something that is done every day and I just told them i guess i did because the investigator said I did. I was under duress between my husbands paranoia and this investigator. I know I made a bad decision to do this because of the income. I was actually re-leaved and didn't look back at that office. He was a wast of time and he was jealous from day one when he didn't get the job and I did. now this happen almost a year ago but I have been dealing with a schizophrenic husband and he is beating me down even more than ever. Not physically but emotionally. I believe I would have had a chance to wind this case. I would like to file suit against C and get back my integrity. I still really didn't talk about it because my crazy husband says I got fired for another reason. I not dislike him too.

 

[cbg]

Mississippi, like every other state in the US except Montana and even including Montana in some cases, is an at-will state. In an at will state, you can quit at any time and for any reason and you can be fired at any time and for any reason not prohibited by law. There is no law in Mississippi (or any other state) that says you cannot be fired for something you didn't do. Therefore, your termination was legal and a lawsuit would fail.

 

[dd39525]

I understand the at-will law but, the company it self has policy and that is to treat everyone equally. I have never fileed a law suit in my life but this was difficult a case of discrimination or something to that order. This company always wrote employees up and it started with a Record of discussion then the next step was Performance Improvement Plan an usually with a date or notice attached as to when they would review your work again and to see if the problem still exist. He was given several and laughed in the face of that company because another idiot Branch Manager told him he would never get fired because of his gender. And I believe because of her statement to him, he told the company I told him he was only hired because of his gender while. (I did not say that) I know if you have policy and everyone must follow it you can't be selective on who you are going to keep or discard. I know there is something I can do but I guess I will have to find it in some other forum. They did this to me because of my gender and they needed to protect them selfs. I appreciate your feed back but I'm sorry you cant pick and choose who goes and stays when you have a written policy that everyone has to sign. Everyone should be equal and I know there is someone out there to help me get my answer.

 

[Proserpina]

CBG is correct.

I realize that you didn't like her answer, but it's legally accurate. You are wrong in your understanding of the law.

Going elsewhere isn't going to help you.

 

[cbg]

Okay, pretend you're in court. Those of us here are the judge.

Prove it was due to your gender. Present your facts. Not feelings. Not supposition. Facts. Proof.

 

[dd39525]

Okay, pretend you're in court. Those of us here are the judge.

Prove it was due to your gender. Present your facts. Not feelings. Not supposition. Facts. Proof.

Let me just say I appreciate all of your responses and I need a little time to think about what I would say. This is exactly why I need a lawyer. Thanks for your time

 

[dd39525]

One more thing. Why would a company have their handbook be so specific and the consequence's written in black and white be able to pick and choose who they are going to fire. If two people do the same exact violation shouldn't both be terminated? He was caught doing several violations that were reasons for immediate termination and they only wrote him up. They investigated my office because of his accusations after he was suspended when they could have just fired him. I know why I was fired and it wasn't because of the reason they gave me. I worked for that company long enough to know what they did to me. They used the AT-WILL Law on me but gave this man every opportunity to keep his employment even though he was not even qualified for the job in the first place. I would think if someone looked at the whole picture maybe something could be done and I could sue the pants off this company.

The company preached us every day DO THE RIGHT THING ALL THE TIME EVERY TIME. I was told to treat everyone the same, if you write up one person for something you have to do the same for everyone. This is how they trained all of their managers and that is why it is so difficult to let this go. They did me wrong and used this law in their favor.

 

[Proserpina]

The very simple answer is...because there's no law saying that they can't.

 

[cbg]

Don't think about it too long. If this happened almost a year ago, you may have waited too long already. In fact, you probably already have waiting too long. A lawsuit cannot be filed without a right to sue letter from the EEOC, and the statute of limitations to file with the EEOC is 180 days. This can be extended in some states to 300 days if you are filing with the state, but in Mississippi, state discrimination laws are very weak and I could not find anything indicating that the extension existed there. You may be beyond the SOL to file already.

 

[dd39525]

This is the last question, I promise!

If C has their own policy and procedures makes sure their employees abide by them and C' does not,, why cant the Law be challenged in this case with the facts from other terminations how and why these employees were let go. This Law allows company's like C to fire someone because of gender or race and get away with it.

I know the process, they made me do it to the employees and it was a mess trying to fire someone. The old saying at C was it takes 90 days to terminate someone and he got it but I didn't.

Even if i cannot be helped someone should challenge this law because C only uses it only used when they are doing something underhanded and won't get caught terminating someone for the wrong reasons. And this is because of this Law. I think it's a crappy law.

Well thanks everyone for your information. Get that Law Changed it's being abused! by a company that is always abusing something or another.

I am not from Mississippi,I moved here after I lost everything with Katrina. I moved to this place just to be closer to the parish I lived in before the storm. These people can't understand me and I can't understand them. I will most likely have to move again to a state opportunity.

P.S. I couldn't stand working for C anymore. They made sick with all their bail out loans and lies. I just want them to pay for being sneaks and cheats.

 

[cbg]

It's not that there's something wrong with the law (at least not at the Federal level - I agree that Mississippi needs to beef up their state laws). It's that you let the statute of limitations expire without doing anything.