termination

[tracey]

I was employed with Poarch Band of Creek Indians as a custodian on March 10, 2014. I was under a 6 month probation period. On September 15, 2014 I was terminated. My employer informed me that I did not have to be given a reason because of probation period. In the company policy&procedure handbook it does not say much about the probation period. The handbook states that certain steps should be followed before termination occurs. Under certain instances, such as theft or fighting in workplace, that the termination steps do not have to be followed, but must be discussed with tribal chairman or administrative assistant immediately. Neither one of these policies took place. I do not know the reason for termination, but I do know that it was not for theft or fighting. I am a member of the Poarch Band of Creek Indians located in Atmore, Al. I went to a tribal council meeting to discuss this issue on Thursday, Sept. 18, 2014. I am waiting on a answer to why I was terminated. The council is waiting on HR and my manager to investigate and give an answer. Shouldn't HR and my manager already have an answer? After all I am already terminated. Do I have any rights on this? I have had problems with my supervisor since April 17, 2014. I have always been told by her that I was doing a really good job. My 3 month evaluation also states that I was doing a great job. I tried to get a copy of the evaluation for my meeting with the tribal council. HR, my manager, or my supervisor seems to know what happened to that evaluation. I discussed my problems with my supervisor to my manager, HR, council members, and my supervisor. Can I file discrimination against supervisor for the fact that she did not like me? This all happened on Creek Indian Reservation, the hiring policy for them is tribal members first. I am a tribal member. I have documentation for over 2 months of things that happened in my department that helps prove that I was not treated the same as other employees. I have letters of reference from other employees that state that in their opinion, I was doing a good job. My supervisor told me that she was getting emails about how I was doing such a good job. In the 6 months that I was employed, not once was I ever told that I needed to improve my job performance. My attendance was also good. Do I have any rights to file suit against my former work place?

 

[cbg]

Under Federal law and under the law of 49 states, including Alabama, you can be fired at any time and for any reason not specifically prohibited by law. There is no requirement that you be given a reason and no requirement that they follow their own procedures. From your description, no legally protected rights under Federal or state law were violated. You have not described anything to suggest that any illegal discrimination took place.

Therefore any rights that you may have will fall under any written contract you may have (which, if one exists, we have not read) or under tribal law if it applies. I don't think anyone here is an expert on tribal law. If I am mistaken, they are certainly free to speak up but I suspect you will be best served by speaking to an attorney who is.

 

[Betty3]

http://en.wikipedia.org/wiki/At-will_employment

Here is a link on at-will employment you might want to read. However; since a tribal law "might" apply, your best bet probably is to talk to an attorney as suggested who knows tribal law.

 

[KatDini]

http://www.narf.org/nill/Codes/poarchcode/poarchcodetoc.htm
This link leads to Employment Rights:
https://library.municode.com/HTML/15235/level2/THTRCOPOBACRIN_TIT33TREMRI.html#TOPTITLE