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  1. #1
    Join Date
    Dec 2010
    Posts
    3

    Default When Can You File a Complaint for Discrimination

    My question involves labor and employment law for the state of: Ohio

    I've been working for this company for 10 straight years. It is in the banking/financial/credit industry. We have certain internet services that we can use to search for good phone numbers for our clients. A year and a half ago some of us in my department started using one of these services for business needs. We received no training on how to properly use this outside service.

    Now, a bunch of us are being written up for searching ourselves to confirm the accuracy of this internet service. These searches took place almost 2 years ago and we are just now being repromanded. Some of my peers have been fired for "security code of conducts" for this. Those getting terminated are people who have some form of corrective action in their history with the company. If it is your first occurance, you get to keep your job, if it is your second, you are walked out. One person in this group had just been written up on a "code of conduct" for email security issues. 30 days later this person was pulled down to HR for searching themselves on this internet service. This person should have been fired according to company policy of having 2 code of conduct occurances in their entire employment with this company (especially since they were pretty much back to back) This employee was not fired and got to keep their job, although the 2 other people who were in that same situation, were terminated.

    I was pulled down to HR on December 1st because I have searched myself on that internet system. I have a prior code of conduct from years ago, they have been "investigating" my case on wether or not to terminate me. If I get fired for this do I and the fellow co-workers who have been terminated, have any case for a discrimination law suit against this company? I have put a lot of time and effort into this job and those of us who are getting written up/terminated for this are really good, honest employees that I have worked with for years. We were NOT trained or signed any documentaion about that internet service and now some of us are being fired while others are not.

    I believe in being honest and working hard. I just wanted to know if anyone had any CONSTRUCTIVE advice about this situation? Thanks for your time.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    17,167

    Default Re: Can Me and My Co-Workers File a Complaint for Discrimination

    On the basis of what you have posted, I'm seeing extremely bad management but nothing that violates any laws.

  3. #3
    Join Date
    Dec 2010
    Posts
    3

    Default Re: Can Me and My Co-Workers File a Complaint for Discrimination

    Quote Quoting cbg
    View Post
    On the basis of what you have posted, I'm seeing extremely bad management but nothing that violates any laws.
    That's what we have all been afraid of. That there isn't enough specific discrimination to actually do something legal with this. It's really sad, this is a MAJOR name brand company and every year I'm there management, organization, and integrity get worse. I'm applying at other places. I think it's time to move on even if I don't get terminated, it's still sad though, after all these years of work this is what it comes to. Thanks for your response.

  4. #4
    Join Date
    Aug 2007
    Posts
    3,837

    Default Re: Can Me and My Co-Workers File a Complaint for Discrimination

    I live in Ohio also Buckeyegirl.

    I am somewhat familiar with employments laws here. To my knowledge it is entirley legal to write a person up or fire them for something that happened 2 years ago, there is no "waiver" on the companies part for failure to act contemporaneously.

    Ohio, like other states, is an "at will" state, meaning absent a contract to the contrary we are terminable at will and can be fired with or without cause except for a reason prohibited by statutory or the common law.

    From the exceptions I know of, there is no exception here.

    I read a case in Ohio once where a man was terminated with 28 years service, he was still employed at will. He sued for wrongful discharge and claimed that his years of service basically created a tenured contract of employment, the court disagreed.

    I have mostly not worked for companies that even cared about employees, a commodity for hire is all we are.

    One thing though, IF you are terminated without cause, although legal, you will probably be awarded unemployment.

    The 2 seem in conflict, as how can a person receive unemployment if they were fired legally, but the unemployment statute is clear.

    Best wishes fellow Ohian.

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    17,167

    Default Re: Can Me and My Co-Workers File a Complaint for Discrimination

    I don't see a conflict. Unemployment is not solely for illegal terminations, but for terminations that were through no fault of the employee. This includes layoffs, reductions in force, and in some cases even reductions in hours that do not result in termination. All of these are legal, but the employee would be eligible for unemployment. It is a myth that receiving unemployment means that the employer was somehow "wrong" to terminate, or that the termination thus gives rise to legal recourse on the part of the employee. Receiving unemployment, in all states, means simply that the employee's employment terminated (or was reduced) for a non-disqualifying reason.

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