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Manager refused to confirm that I've been terminated

Discussion in 'Termination: Firing & Resignation' started by mh105129, Aug 23, 2010.

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  1. mh105129

    mh105129 Law Topic Starter New Member

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    My wife had a meeting with the her District Manager to tell him about problems with her store manager. (She is a manager at Burger King.) He asked her to clock out and go home. He refused to tell her is she was fired or why she had to go home. She had to turn in her keys, though. She has talked to him on the phone and asked if she is terminated, and he refuses to answer the question. He has called us twice, the same day, harassing her yet he still will not tell her whether or not she is terminated. He thinks it is a game. 1. What can we do if she is terminated? She did nothing except address serious problems with higher management. 2. Can refuse to tell her if she has been terminated? 3. What can we do about him calling us, three times total, within 2 hours, each time she hangs up on him because he is putting her down and making her cry. There are not a log of jobs out there right now, which is the ONLY reason she works at Burger King. What can we do?
     
  2. jacksgal

    jacksgal Super Moderator

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    Tell her to file for UI benefits that should force their hand
     
  3. Patricia_Young

    Patricia_Young New Member

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    The problem with not taking a call is that it's possible the call would be "please return to work tomorrow". Anything else is basically unprofessional. What is being asked/said in these calls?

    I do agree with Jacksgal, though, she should file for unemployment tomorrow.
     
  4. mh105129

    mh105129 Law Topic Starter New Member

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    He will call and ask her about the issues again. Then immediately start telling her she's a liar, the issue doesn't concern her (observing the sexual harassment of another employee) telling he she has no place there. She will start crying and hang up. He waits 10 minutes, calls her back to ask about the issue, and starts again. The last time, I told him she doesn't want to speak to him. The problem is that he refuses to tell her if she is fired or not. This is one of three Burger Kings owned by the same man and things are not always done by the book, like working off the clock. This District Manager is known for playing games with people until the just don't come back. Would a wrongful termination suit do any good?
     
  5. mh105129

    mh105129 Law Topic Starter New Member

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    Or termination for retaliation?
     
  6. army judge

    army judge Super Moderator

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    Sure, you can sue for any reason.
    What's her job worth?
    How will you pay a lawyer?
    Yes, she can represent herself, pro se.
    But, he'll have a lawyer.
    She'll lose again.
    Sadly, it's time to fold 'em.
    Jacksgal advised to file for unemployment. Take her advice.
    It's over.

    This is another tale as old as time.
    Whistleblowers often get shot.
    Sometimes you have see it and keep your mouth shut.
    Often the one to whom you complain, is involved in (or with) the thing you're complaining about.
    It sounds as if this place is fraught with problems.
    Your wife seems like she's not like them.
    She's better off away from this den of thieves and perverts.

    File for UI and let it go!
    Life's too sweet to let these deviates, perverts, and creeps make it bitter.
     
  7. mh105129

    mh105129 Law Topic Starter New Member

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    We have the money for a lawyer, at least the first several thousand, depending on the chances. She is going to apply for unemployment, but we've been told that companies try to deny it. Plus, they are playing games with her.....So, they may try to claim that she isn't terminated, even though they made her had in her keys. We don't see any other reason to refuse to tell her whether or not she is fired. What about the harassment? Would a lawyer take a case for that? And isn't termination as a form or retaliation better suited for a lawsuit than just plain termination? What do we do if they deny unemployment?
     
  8. jacksgal

    jacksgal Super Moderator

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    She does not have to be terminated to apply or receieve UI benefits
     
  9. Patricia_Young

    Patricia_Young New Member

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    And she does not need a lawyer, not at this point. If the state denies her claim (and I can foresee no reason for them to do so; she isn't working, whether she has been told she is terminated or not), she can appeal.
     
  10. mh105129

    mh105129 Law Topic Starter New Member

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    She was verbally attacked by the manager today, when she went to the bank. That store uses the same bank as we do. She had to run into the building. If this keeps up, then is there a case?
     
  11. jacksgal

    jacksgal Super Moderator

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    She needs to contact higher ups
     
  12. Hosea

    Hosea New Member

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    Yes you can sue

    Burgar King should have a ethics policy or employee hand book or policy.

    1) Document all calls and record them dont disscuss nothing but termination
    2) Write a formal complaint and give it to your boss out lining your complaint or discussing took place
    3) write another complaint against your boss
    3) Copy complaints and send a copy to upper management
    4) File a law suit


    1) sue him personally for harrassment/ intimidation/ wrongful termination/discrimanation
    2) sue burger king the corporation which they may step in and pull his franchise
    Just document everything sorry for the typos
     
  13. Darsha05

    Darsha05 New Member

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    I totally agree with everyone's advice above. I know first hand how awful it feels when you feel you are personally attacked as is your livelihood. Absolutely do not stop to think of filing for UE...do it!!! She paid into it and is not working (through no fault of her own is debatable until determined eligible), BUT it's her supplemental income for this sole purpose. You don't mention health benefits...hopefully she is under your health care plan. If not, that is something IF she is terminated, by law has to be sent (certified mail and signed return receipt returned to employer) her rights under the COBRA health care option/plan. That has to be received 30 days after termination. That may be a good indicator for her if she isn't notified otherwise before the 30 days.

    I would definitely be on the phone/internet/make appointment with the representatives of BKC, I believe they are franchised under the brand name BKC. Explaining your situation calmly may get you everywhere and the answers you seek. At the very least using the negative energy received from the franchise owner into a positive experience for her. Often times we are our own best advocates. Being unemployed is scary, and under these circumstances unsettling, but knowledge is power...get busy and make the calls!!! Good luck to you!!! I have some contact information below for your review...sure hope it helps!!!

    Some interesting reading for you...maybe more than you want to know...

    http://wapedia.mobi/en/Burger_King_legal_issues
     
    Last edited by a moderator: Aug 25, 2010
    wisemans_voyage likes this.
  14. Patricia_Young

    Patricia_Young New Member

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    This is not illegal harrassment. This is not a wrongful termination. This is not illegal discrimination.

    Google each of those terms and you will find out why.
    http://library.findlaw.com/1998/Feb/1/128914.html
    Note the first paragraph; harrassment must be based on a protected characteristic.

    http://www.eeoc.gov/facts/qanda.html
    same requirement as illegal harrassment

    http://en.wikipedia.org/wiki/Wrongful_dismissal
    Wikipedia isn't always 100% correct, but in this case, it is.


    Hosea, until you know what you're talking about, please don't bother responding.
     
    Last edited: Aug 26, 2010
  15. Hosea

    Hosea New Member

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    Patricia

    First I was giving examples.

    I do know what I am talking about it.

    I have over 10 years of experience

    My services are requested by Top Law firms in the DC Metro area

    I have a 95% success rate.

    I am the Best at what I do.

    Knowing the Law is part of the battle. Learn how to control the court/judge. You increase your odds.
     
  16. Hosea

    Hosea New Member

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    Im sure Burgar King has an Ethics Policy in place.


    CIVIL SUIT

    Yes this is Harrassment: He continues to call her at home when his actions implied/express she was terminated. The phone calls should have stop.

    Initimidation: Phone call coversations his actions plus actions at the bank.

    Discrimination: If She can prove that this Manager has use unfair tactics and Burger King has a Policy in place. Its another form of discrimination.

    Retaliation/wrong termination: Her rights are protected when you inform your Employer of issues that may effect work place enviroment.


    I think you should read your post again Patrica on Harrassment
    Its in bold print
    The Harrassment She received was similiar too what bad Debt collectors do. The Manager should not called her at home for any reason. Once He implied/express she was terminated by his actions. Thats a form of Harrassment.

    Once again from Patricia post/links from the EEOC


    Discriminatory Practices
    II. What Discriminatory Practices Are Prohibited by These Laws? Under Title VII, the ADA, GINA, and the ADEA, it is illegal to discriminate in any aspect of employment, including:
    hiring and firing;
    compensation, assignment, or classification of employees;
    transfer, promotion, layoff, or recall;
    job advertisements;
    recruitment;
    testing;
    use of company facilities;
    training and apprenticeship programs;
    fringe benefits;
    pay, retirement plans, and disability leave; or
    other terms and conditions of employment.
    Discriminatory practices under these laws also include:

    harassment on the basis of race, color, religion, sex, national origin, disability, genetic information, or age;
    retaliation against an individual for filing a charge of discrimination, participating in an investigation, or opposing discriminatory practices;
    employment decisions based on stereotypes or assumptions about the abilities, traits, or performance of individuals of a certain sex, race, age, religion, or ethnic group, or individuals with disabilities, or based on myths or assumptions about an individual's genetic information; and
    denying employment opportunities to a person because of marriage to, or association with, an individual of a particular race, religion, national origin, or an individual with a disability. Title VII also prohibits discrimination because of participation in schools or places of worship associated with a particular racial, ethnic, or religious group.


    This is from Wiki from Patricia post

    Employer Not Following Own Termination Procedures: Often, the employee handbook or company policy outlines a procedure that must be followed before an employee is terminated. If the employer fires an employee without following this procedure, the employee may have a claim for wrongful termination.


    Its so simple thats why I say seek your Company Policies and Handbook
     
  17. Patricia_Young

    Patricia_Young New Member

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    Directly from the article.

    Where in the OP's post is there ANY indication that the "harrassment" was based on a protected characteristic?
     
    Last edited: Aug 27, 2010
  18. bluemann33

    bluemann33 New Member

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    Even if you could sue how would BK the corp be responsable for something like this? Would it not be the franchise owner held responsable and not the corp?
     
  19. bluemann33

    bluemann33 New Member

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    or am I wrong?
     
  20. Patricia_Young

    Patricia_Young New Member

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    blueman, it would depend on whether that particular location was an owned restaurant or a franchise. If there was something to sue for.
     

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