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wrongful termination?


jmantra
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I posted about a job I had received here a week ago, well I today I lost it and i felt it was unjustifiable and here's why...

 

15 minutes after I had arrived, I was working dilligently when my supervisor and the manager called me into the office. They sat me down and told me I was terminated. They said the reason why they came to this decision was because they felt that I was "overqualified" for the job and I would eventually get bored and lose focus and end making a critical error. They said that they picked from my deameanor that I found the job mundane and below my skill level. Which is kind of true however I always do the best at everything. I decided even though i found the reason kind of dodgy and just decided to let it go.

 

But then I get home and about an hour so later I get a phone call from the temp agency that placed me there. According to the temp agency, the company that I working for said I had fallen asleep on the job!!! WHICH IS NOT TRUE

 

What the hell happened?? I put everthing I had in that in that job, did everthing they told me do,and they still give me the sack as if I totally screwed them over. I am beyond furious right now, how can people justify doing something like this!

 

What do you guys suggest should I pursue legal action or just let it go.

 

I think I should also mention I have disability that I never disclosed and I feel I may have been fired due the attributes that go with the disability. So as right now I am at a loss,frustrated and back to square one with job search.

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legally i don't think there's anything you can do. I don't know about the states, but here in Canada, you are put on a 3 month probation.. and either you or the employer can terminate the job with no r epercussions. I dunno why they would lie to the temp agency though... maybe to skip out on some fees to the temp agency?

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I'm not sure what the laws are in PA, but in WA state, employment is non-contractual and therfore at will, thus you can be terminated for several legitimate reasons.

 

SNIP

 

---

 

Actually you *DO* have legal recourse, because if they told the temp agency that you fell asleep without offering proof, that's slander if you can prove that it tarnished your reputation with the temp agency.

 

Talk with a lawyer man.

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well I am not sure if I have much of a legal recourse but I think it's to lie to my face like that. How insulting!! How do these people sleep at night!!??

 

Sorry, I edited my post. I think you do have legal recourse. If they said you fell asleep, and you didn't and they have no proof you did fall asleep, they legally can't have told the temp agency what happened, because that can fall under slander.

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Usually at a job, if you are "written" up for some trouble, they have you sign some document acknowledging what happened, as proof that the event took place.

 

Obviously this place did not.

 

While they had a right to fire you, they didn't have any right to lie about why they fired you.

 

Talk to a lawyer. I'm betting you can make those idiots pay.

 

Definitely ask the person at the temp agency to get the reason you got fired, in writing.

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I suggest that you ask why you were fired in the first place, and ask for the truth. If they say you fall asleep, and cannot provide the evidence, then you may be able to take legal action. There is absolutly NO reason for them to fire you for being "overqualified." If you are overqualified, they can re-assign you to a position that better suits your qualifications. You have the right to the truth.

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There is no legal recourse. For a couple reasons:

 

1) There is no verifiable proof (e.g. a written letter)

2) You are considered a contractor for the company that did the deed... they are not held to the same legal requirements as the temp agency that you work for as an employee... assuming you are an actual employee of the temp agency.. if you are i1099, then you are doubly out of luck.

 

In addition, Defamation of character, while it took place, in this case would be more costly to prove on your part than you would gain. There needs to be a well founded *public* interest in the information. And, since you are not a public personality... I find it unlikely that it would go anywhere.

 

So... yeah.. it really sucks. Some people are like that. Especially money-grubbing people.

 

However, that said... if you don't declare a disability, the employer cannot be held accountable for firing you because of symptoms of that disability. You hide from them, they don't need to take it into account. My suggestion would be to make the disability known if it would cause interference with the position. State the fact that you most definitely did not to your temp agency and leave it at that. Making a HUGE deal out of it can, in fact, reflect poorly on you. Though, making nothing of it can do the same. Just be factual.

 

Overqualification is also a valid reason for not hiring.. However, I don't find it, in my experience, a qualification for firing. So, you were definitely messed with. I feel your pain on that one.

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However, that said... if you don't declare a disability, the employer cannot be held accountable for firing you because of symptoms of that disability

 

Ya but here's the thing, considering the nature of my disabiltity I would think disclosing would do more harm than good. People have alot of pre concieved notions regarding the type of disabilty I have. However if I have the disabilty in writing (which I do) then I might have some recourse.

 

The fact that they told me one thing and the temp agency another tells me their lieing about something to cover their asses, and I have feeling that it may have had something to with certain attributes of my disability so I will be contacting the ADA and see what can be done because I feel the termination was unjustified. According to the ADA I may have the right to attorney's fees.

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considering the nature of my disabiltity I would think disclosing would do more harm than good.

 

If you mean the inability to maintain employment (the bad) the ability to be rightfully employed (the good)... then you are correct.

 

Deception is tricky... when both parties deceive, then neither can be proved just. Contact the DoJ... they will definitely provide you with accurate information providing your legal rights.

 

In the meantime... know that there will be deception in work environments.. and the only way to hold yourself above the deception is to not practice it.

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I don't think I am entitled to unemployment considering I was only their a week. Or am I?

 

Are they at least going to give you a paycheck for the week's worth of work? I think it is wrong if they don't reward you for that week's worth of work. You earned that pay and they should give it to you at least.

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My advice would be to simply move on. It's not worth it, this stuff happens.

 

I believe you'd cause more trouble for yourself than positive gain by pursuing this. You could be using this time being POed to look for more work.

 

Don't allow a victimized mentality to sink in your head. That's more harmful than any employer of a week can do to you.

Unless you can prove they fired you due to your disability and it is not relevent to the job: just live n' learn, I would say.

 

Do you really believe you deserve legal compensation for this? *crossing fingers the answer is no*

 

Good luck.

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I don't think I am entitled to unemployment considering I was only their a week. Or am I?

 

To be honest, I'm not sure. I do think it is possible. They have all sorts of formulas. Yes, it's possible you might not be eligible due to lack of length of employment, but the reasons you were fired may be a mitigating factor, and they may at least be able to provide you with some aid to find a new job.

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My advice would be to simply move on. It's not worth it, this stuff happens.

 

I believe you'd cause more trouble for yourself than positive gain by pursuing this. You could be using this time being POed to look for more work.

 

Don't allow a victimized mentality to sink in your head. That's more harmful than any employer of a week can do to you.

Unless you can prove they fired you due to your disability and it is not relevent to the job: just live n' learn, I would say.

 

Do you really believe you deserve legal compensation for this? *crossing fingers the answer is no*

 

Good luck.

 

I was planning on moving after my meeting with them, however once they lied to the agency about me falling asleep then justice needs to prevail. People should not get away with this * * * *. Somebody needs to blow the whistle on this crap.

 

I've been targetted all throughout my life cause of my disability and I've had enough. Like I said I am entitled to attorney's via ADA so that could prompt a formal investigation and could reveal the real reason I was fired which could be due to a specific attribute of my disabilty. In the meantime I will be looking for another job and doing some social networking, but someone needs to put their foot down.

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Sorry.. need to work 6-9 months in a row with "gainful" employment before you can draw unemployment... look it up though, as it varies by state. The unemployment office can be less than forgiving, even due to mitigating circumstances.

 

You can't be targetted for a disability that you hide. That's like saying you can be targetted for a diary entry. If you want to play the disability card... throw it on the table. There are people out there that have issues that are obviously apparent, yet don't let that get in their way of success. There are those that rely on communicating the fact that they *have* a disability in order to ensure they are able to have gainful employment (hence the ADA in the first place).

 

If you want to put your foot down.. then do it. But be warned, those that put a foot down without a leg to stand on often fall over.

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I think it's worth going ahead with having them investigated, afterall they mistreated you and whos to say they wont do it to someone else if they don't get caught? In my experience people to mess others around do it over and over. This is of course assuming that there are channels available to do such a thing.

 

Why they do it remains a mystery to my, how anyone could live with themselves after doing something so dishonest is beyond me.

 

Also if you make it clear to the Temp Agency what really happened then they may look into it further and may in future give that company a miss.

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You can't be targetted for a disability that you hide. That's like saying you can be targetted for a diary entry. If you want to play the disability card... throw it on the table. There are people out there that have issues that are obviously apparent, yet don't let that get in their way of success. There are those that rely on communicating the fact that they *have* a disability in order to ensure they are able to have gainful employment (hence the ADA in the first place).

 

The reason why I hid it because I never thought I'd have to use the ADA card. High functioning autism (what I have) is a complex condition and intrinicties, people have alot of pre conceived notions regarding disorder and like I said earlier revealing could have done me more harm than good.

 

This is not just about me losing job, It's about a (possible) violation of my civil rights and many others. And I want to make difference in this trend even it's a small one. They could have lied to them about me falling to cover their * * * for the real reason the got rid of me (i.e self stimulatory behavior that I wasn't aware of, innapropriate social behavior that wasn't made aware of) Also I need to see something in writing and see when I allegedly fell asleep cause it didn't happen!

 

I don't know why you're playing devil's adovocate and trying to undermine me njron, but I will not go down without a fight!

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Usually.. you need to work 6-9 months in a row and are eligible for 6 months of unemployemnt (assuming you are in a job that is W-2 and they pay unemployment taxes)... in which case, if you had a temp job, you would be declaring your earnings during your time of unemployment so they could deduct those earnings from your unemployment reimbursement during that time period.

 

So.. if you had a job, fo like a year.. and then you got fired... and you filed and got unemployment... then you would get paid... but then you temp.. you deduct thepayment from the unemployment (often cancelling out.. but, sadly, also for many people it is better to just stay on unemployment).. you can continue that proces suntil your term of unemployment wears out. At that time, you need to actually maintain steady emplyment again for a period of time (6-9 months depending on the state) to be eligible again.

 

Renumeration for fraudulent applications is rarely incorporated into the unemployement compensation payout. I mean.. you don't get extra cash for lying.

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I am doing the OPPOSITE of undermining you. I am trying to make you realize that people who try to fight injustice need to make that injustice known at the outset... otherwise... there is no injustice.

 

Something that is obvious is easier to fight over. Hidden disabilities are impossible to fight over. In fact... many employers would be *happy* to hire a disabled person that had disabilities that did not interfere with a job. The ADA instituted a quota. That is, a number of people registered with the DoJ ADA Divivion that MUST be employed by a company of a certain size in order to meet their reuqirements.

 

If you refuse to participate.. you get none of the benefits. I am urging you to participate in the program to gain the benefits.. which is the opposite of undermining you.

 

You are, right now, just seeking to play the "victim" card. I am trying to urge you not waste your time with it. Play the "winner" card. Take advantage of the system... not the people that support the system.

 

P.S. I agree.. get whatever writing you can

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