wrongful termination

Status
Not open for further replies.

tkirky

New Member
this is a little long but if there is anyone who can help me i would be very happy, here goes.

I worked for a juice processing plant in Florida for almost two years. I was terminated from my job on May 12 2009 for allegedly violating the attendance policy.

According to the company policy an employee would receive a 1/2 occurrence if coming to work up to 59 minutes late for work or taking to long for breaks or lunch or for working less than 1/2 the work shift. An employee would receive 1 whole occurrence for calling in sick to work or coming to work more than 59 minutes late or no call no show. If an employee accumulates 8 points in a 12 month period they would be terminated. According to company policy (right from the employee hand book) " For every calendar month of perfect attendance, 1/2 occurrence will be subtracted from the total occurrences. Perfect attendance means no absences, no tardies and no early quits (work less than half your shift)"

according to my termination paper it shows all my occurrences for the last 12 months. there were no occurrences in the month of August 2008 or for the three months of February, March, or April 2009. the termination paper did not show the subtraction of the 1/2 occurrences for these four months. The paper only showed the accumulation of occurrences that added up to 8 occurrences. I was not aware of this until now when I found my employee hand book. I don't think I should have been terminated because if those 1/2 occurrences were subtracted for the four months of perfect attendance my total occurrences would have been only 6 total occurrences and I am not in violation of the company attendance policy. Is there anything I can do to get my job back or maybe sue for wrongfull termination?
 
no case for suing for either of them unless you were in a protected class and can prove discharge was for that. You can always call the HR person and discuss it with them and see if they would take you back, but that's up to you. Legally, I don't see a case where you would receive any sort of remuneration.
 
A wrongful termination does not mean that you were fired for something you didn't do - it means you were fired for a reason prohibited by law. So no, you do not have a case for wrongful termination.

You are free to take any internal measures such as the above responder suggests, but this is not a wrongful term under the law.
 
Status
Not open for further replies.
Back
Top