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  1. #1
    Join Date
    Jul 2010
    Posts
    5

    Default Fired After Refusing to Sign a Disciplinary Write-Up

    I was fired for a disagreement between myself & another employee. My boss did not witness the argument & only has hersay on what happened. He said he was writing us both up, but it wouldn't go into our files. I refused to sign the write up because disagreements occured there everyday. He was very irritated. & fired me 3 days later. He threw in that I was intimidating another employee when I was telling her how I wouldn't sign the write up. I had my unemployment appeal today & I won. When the judge asked questions all he got from my previous employer were I don't knows & I don't have specifics on what was supposedly said during both incidents. I was having a personal conversation with this girl & He had no testimony or statements from her stating I was intimidating her. I received an email from another girl the day I was fired stating she had talked to the boss & he gave her a different reason as to why I was fired. It was to "help me out" he had said. Because I didn't have a reliable daycare anymore & so I could spend time with my children. He told me I could receive my unemployment because they weren't fighting it. Little did he know that the reasons he put for my termination would make the unemployment office question it. Can I sue for this??

    any advice???

  2. #2
    Join Date
    Dec 2009
    Location
    not here
    Posts
    1,415

    Default Re: Can I Do Anything About This

    As you've been advised several times on another site, a wrongful termination is where someone is fired for a reason prohibited by law. Reasons prohibited by law include things like race, gender, religion, age (only if you're over 40), and disability. You were not fired for any of these reasons or for any other reason remotely resembling these reasons. Ergo, you have not been wrongfully terminated.

    You can only sue another person/entity if that person/entity has broken the law. (This goes for small claims court, too.) Your former employer did not break any laws when firing you, ergo, you cannot sue your former employer.

    Period. You don't need to ask about this again, the law doesn't change from respondent to respondent or site to site.

  3. #3
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,079

    Default Re: Can I Do Anything About This

    Can I sue for this??
    No. Under the doctrine of at will employment, your boss can fire you because it's a day ending in Y. Unless you were fired for a legally prohibited reason (your religion, your gender), you do not have a case for wrongful dismissal.

    Seek other employment.
    I'm not a lawyer, but I play a researcher on the internet!
    Caution: I bite. WARNING: Do not send questions or complaints by PM. I'm likely to post them publicly and embarrass you half to death.
    I'm training for the MS Society's Bike to the Bay - and blogging about it!

  4. #4
    Join Date
    Jul 2010
    Posts
    5

    Default Re: Can I Do Anything About This

    Small claims? Anything? I was done wrong & my family has suffered. This is not right & there should be something I can do!

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    17,624

    Default Re: Can I Do Anything About This

    No. You do not have a case in small claims or anywhere else. Not everything that is unfair has a legal remedy. It's unfortunate that this happened, but no laws were broken. File for unemployment and move on.

  6. #6
    Join Date
    Dec 2009
    Location
    not here
    Posts
    1,415

    Default Re: Can I Do Anything About This

    Unbelievable! How many times do we have to tell you? (I'm really starting to get why your former boss fired you.) So here goes, one more time:

    As you've been advised several times on another site, a wrongful termination is where someone is fired for a reason prohibited by law. Reasons prohibited by law include things like race, gender, religion, age (only if you're over 40), and disability. You were not fired for any of these reasons or for any other reason remotely resembling these reasons. Ergo, you have not been wrongfully terminated.

    You can only sue another person/entity if that person/entity has broken the law. (This goes for small claims court, too.) Your former employer did not break any laws when firing you, ergo, you cannot sue your former employer.

    Period. You don't need to ask about this again, the law doesn't change from respondent to respondent or site to site.

  7. #7
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    27,307

    Default Re: Can I Do Anything About This

    (Didn't like the answers she received on another board )
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  8. #8
    Join Date
    Jul 2010
    Posts
    5

    Default Re: Fired After Refusing to Sign a Disciplinary Write-Up

    No I didn't. I do not legally have to sign the write up. So why is it legal to be fired over not signing it? This makes no sense!!

  9. #9
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    27,307

    Default Re: Fired After Refusing to Sign a Disciplinary Write-Up

    Quote Quoting Jenny1780
    View Post
    No I didn't. I do not legally have to sign the write up. So why is it legal to be fired over not signing it? This makes no sense!!


    Because it's not illegal.

    Jenny, I understand you're angry and frustrated but seriously you have no legal recourse at all here.

    Nothing illegal happened.

    You got your Unemployment, so my advice is honestly to take the higher road, and move on
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  10. #10
    Join Date
    Jul 2010
    Posts
    5

    Default Re: Fired After Refusing to Sign a Disciplinary Write-Up

    I'm not the type to just "go away" when i've been wronged. I will figure out some way to still be a thorn in their side. I'm not gonna give up without a fight. Thank you for your advice though!

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