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  1. #1

    Default Fired Without Employer Following Defined Disciplinary Procedures

    My question involves labor and employment law for the state of: Virginia
    The other night I wasn't able to make it to work was terminated same night.
    I signed a contract with my employer that states "All policy's and procedures will be followed there will be write ups for jobs not done correctly and rules and regulations not being followed. This also pertains to call outs and lates as well. Three write ups equal termination." It was the first time I have missed work in my 8months with the company. And gave 5 hours notice to inform I couldn't make it. I have not received any write ups during my time with the company. I know Virginia is at will but can I be terminated having signed this contract with my employer? They also just sent a text stating I was terminated to my phone to inform me of my termination.

    Any help would be appreciated.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    17,677

    Default Re: Terminated Without Procedures Followed

    Are you sure that what you signed is actually a contract?

  3. #3
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    14,798

    Default Re: Terminated Without Procedures Followed

    It sounds like you signed a informational form indicating they do actively punish employees. You discovered how serious they take punishment.
    Dear Santa. For Xmas this year I want a fat bank account and a slim body. Please don't mix them up again.
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  4. #4

    Default Re: Terminated Without Procedures Followed

    Quote Quoting cbg
    View Post
    Are you sure that what you signed is actually a contract?
    Maybe my use of the term "Contract" might be wrong. There was a guide book. Then there was a separate group of papers which I and the employer signed stating the conditions I would be working under, which also covered a lot of other information in greater detail.
    Also can you really be fired through a text, just seems unprofessional is all.

  5. #5
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    27,348

    Default Re: Terminated Without Procedures Followed

    Quote Quoting BlazeTheTiger
    View Post
    Maybe my use of the term "Contract" might be wrong. There was a guide book. Then there was a separate group of papers which I and the employer signed stating the conditions I would be working under, which also covered a lot of other information in greater detail.


    The problem is that as a general rule handbooks are not legally binding.

    An actual contract is different.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  6. #6

    Default Re: Terminated Without Procedures Followed

    So what makes a contract a contract?

  7. #7
    Join Date
    Jul 2007
    Location
    Florida
    Posts
    1,908

    Default Re: Terminated Without Procedures Followed

    Virginia is an "at will" state and the company can fire you for any reason or no reason unless you have a contract. A contract would define all material terms of the agreement between you and the company including compensation and the term for which you were employed. If it was for more than a year it would have to be in writing signed by an authorized representative of the company. You did not have a contract, so you could leave at any time and the company could terminate you at any time.

  8. #8

    Default Re: Terminated Without Procedures Followed

    Thank you bubba. Would you say I have a case for unemployment?

  9. #9
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    27,348

    Default Re: Terminated Without Procedures Followed

    The worst that can happen is that you're denied. It won't cost you anything to file - in my opinion you should go ahead and file.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  10. #10

    Default Re: Terminated Without Procedures Followed

    Thanks a lot guys. All answers were appreciated.

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