wrongfully fired

Status
Not open for further replies.

cherylkelly

New Member
my fiance has recently been fired from a large corporation for what they say were "gross acts of misconduct". he has a long standing record in retail management and has never had a complaint or a write up in his 8 yr history. he has been with this new comp. (as a manager in training) for 14 months and has been transfered in and out of 4 stores for training purposes, again with no problems. (at the new store for 3-4 months) when he arrived at this current location he was written up 5 times for minor to major things (one being the color of his shoes, which were up to code!, being 5 min late for a meeting when he said he would be 5 min late!, violating cash handeling policy, which he didnt! it was hear say, so crazy manager says)and then fired, all of which he disagreed with and were just plain incorrect or grossly exaggerated. he requested to move from this store 3-4 times thru his d.m. and his partner rep. to no avail. ( through one written letter and 2 or so phone calls). he feels he was being harrassed and wanted to move locations givin he had never had any problems with any other manager. i am in no way saying that this manager of this store was racist but he was the only minority in this store and got transfered in, which she didnt seem happy about. from all those in the store she had never hired a minority. she could also have felt threatened by his management skills as many employees complained to him about her. unfortunatly my fiance did not see this coming and was trying to transfer out quietly and trying not to cause a big stir. obviously in this case more aggressive action should have been taken on his part (ie.. demanding to be moved versus asking, and filling complaints on HER!) we have now been denied unemployment( for "gross misconduct" naturally, we are in appeal!) and are looking for advice! thanks
 
A wrongful termination does not mean that you were fired for something you didn't do. It means that you were fired for a reason specifically prohibited by law.

Which law are you thinking was violated?
 
That im really not sure of...i am fairly unfamiliar with employment laws. i just know it sucks for such a hard working young man to be fired for no reason. he did not violate any of the company rules that she said he did. he did sign his write ups like you would sign a speeding ticket. as acknowledment not agreement. he tried to get out of that store many times and advised his superiors of not wanting to be there and feeling uncomfortable all at the same time trying to avoid conflict with her. so to your question i am unsure! it just seems unfair to mean and possibly unlawful. i dont know what her reasonings were. he has been a shining star in every other store and has never ever missed one day or been written up in 8 years.
 
It very well may be unfair, but everything that is unfair is not unlawful.

If he feels that he was fired solely because of his race, he can file a complaint with the EEOC. But other than that, nothing you have posted suggests illegality.
 
Thank you to everyone that is responding. I will certainly heed all advice. Does anyone have any suggestions for us with the denial of the unemployment benefits. We have several pieces of evidence that he tried to change locations before he was terminted and we have a hearing for appeal on 12/11. he of course was denied for "gross misconduct" but every definition of that and every case law study ive read definatly does not! suggest it was gross misconduct. he did nothing illegal, deliberate or out of malice. and he certainly has not, not worked one day since he was 16. unfortunatly i am 6 mnths preg. and we have a six yr old and he is in school to finish his bachelors! so this is a real bad time for no job, unemloyment and the loss of our families health benefits. does anyone think we stand a chance for reversal due to all our documentation and the fact that he would never "deliberatly" try to lose his job when this is such an important time for our family??
 
All he can do is tell the truth as he sees it. There really are no "tricks" to guaranteeing that the UI commission will see it your way.
 
Status
Not open for further replies.
Back
Top