Not Fired, But Removed from the Schedule for Refusing to Sign Disciplinary Slip
My question involves labor and employment law for the state of: Ohio
I have been working at my current job in the oil field for a little over 2 months, they are promised a 60 day review on your performance as to hiring you in to the company instead of through the temp service they use for the first 60 days. this also includes a raise.
I had an issue towards the beginning of my time here with another crew lead. at that point i spoke to my field supervisor about the issue and if i could be put on another crew. he denied me hours for a full week due to not "liking me" i asked him where it was right in the company to not work someone due to not getting along with a crew lead and if he couldn't come up with a good answer i would address the issue with the owner, at that point he scheduled me on a different crew as asked.
all was good until my review. i have had problems with being thrown around this company like no other. he told me a 30 day extension on my review and that he would like to see some things improve. i then asked him how is he supposed to see improvement when he works me 15 hours a week if im lucky (used to be in the 60s to 80s) i tried talking to him in more regards to it as he refused to do so i did not show up for work the next day until he would discuss the review with me. this resulted in a disciplinary action slip for not showing up to work in which i refused to sign. i refused to sign it simply because i believe i should have the right to discuss wages, performance, and my review with my supervisor prior to resuming work.
they then said if i don't sign it i would no longer work there i told him that was fine. then i got an email after i got home that i was not going to be fired, but no longer getting scheduled..
now.. ive been screwed over on my check twice, position jumped twice, screwed on my review when i work as hard as everyone else just not giving the opportunity to be seen, and lastly me getting 15 hours or none another week while some other hit overtime.
i guess my question would be is it legal to dispute with an employee but refuse to work them at the same time as not firing them. i do not want to quit cause if i have to i would like to file unemployment. just seems like too many discrimination issues towards meand if i can or have to pursue legal action i will. what should my next step be?
Re: Not Fired, But Removed from the Schedule for Refusing to Sign Disciplinary Slip
You work for a temp service contracted by the main company. If they were not somewhat happy with your work, you would already be gone. Your next step is to stop whining and focus on being a productive team player, hoping they recognize the change or find another job. My specific suggestion is that you suck it up and build your credentials as an oil field employee. Once you get a year or so behind you, you can apply as a direct hire to other companies in the US.
Re: Not Fired, But Removed from the Schedule for Refusing to Sign Disciplinary Slip
no they dont want unemployment and they dont want to pay the 2 dollar raise they would rather keep there employee count high and just bring in a new guy. i KNOW what theyre doing isnt right its not whining its called a concern followed by statements that explain my situation. finding another job isnt the issue either i already have another job lined up for march its just a month away, bills arent the thing either as i have taxes coming. as i said its just a simple concern and what i can do about it. dont act so sure that you know everything and making assumptions.
Re: Not Fired, But Removed from the Schedule for Refusing to Sign Disciplinary Slip
Yes. It is legal for them to refuse to schedule you and also refuse to fire you. Nothing you have posted comes even close to giving you legal recourse. Nothing you have described your employer as doing is illegal, and you have been a royal pain in the ass that they do not have to tolerate.
You do not need to be officially fired to collect unemployment. If you are not being scheduled and paid you are free to file whether you have been fired or not. However, if I were your employer and you were complaining as much as you say you have, I'd have gone ahead and fired you anyway. They may yet.
Re: Not Fired, But Removed from the Schedule for Refusing to Sign Disciplinary Slip
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cbg
Yes. It is legal for them to refuse to schedule you and also refuse to fire you. Nothing you have posted comes even close to giving you legal recourse. Nothing you have described your employer as doing is illegal, and you have been a royal pain in the ass that they do not have to tolerate.
You do not need to be officially fired to collect unemployment. If you are not being scheduled and paid you are free to file whether you have been fired or not. However, if I were your employer and you were complaining as much as you say you have, I'd have gone ahead and fired you anyway. They may yet.
The thing is however that he works for a temp agency. Therefore the "employer" cannot "fire" him. They can stop using him, but only the temp agency can actually fire him. I don't think that you can collect unemployment when you are working for a temp agency on what is be definition temporary jobs...or am I wrong?
Re: Not Fired, But Removed from the Schedule for Refusing to Sign Disciplinary Slip
At least in my state yes, you are wrong.
Re: Not Fired, But Removed from the Schedule for Refusing to Sign Disciplinary Slip
so how would this "not" fall under ORC4112.02(C2) i dont understand how its being a "pain in the ass" when all im asking for is a company to follow their own policies and promises. not only one way. this could easily fall under discrimination. not your point of view on it, the law against it. there's a bold line between the two!
Re: Not Fired, But Removed from the Schedule for Refusing to Sign Disciplinary Slip
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cbg
At least in my state yes, you are wrong.
She'd be wrong in CA as well...
Re: Not Fired, But Removed from the Schedule for Refusing to Sign Disciplinary Slip
You are not their employee they do not need to follow their policy. They are not a labor organization.
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(4) "Labor organization" includes any organization that exists, in whole or in part, for the purpose of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or other mutual aid or protection in relation to employment.
Re: Not Fired, But Removed from the Schedule for Refusing to Sign Disciplinary Slip
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Disagreeable
You are not their employee they do not need to follow their policy. They are not a labor organization.
but the temp agency does not have a policy against not signing them. its the companies policy that i asked for and haven't seen yet. and if it doesn't fall under that its somewhere in ORC4112.02 if there is not a legal act against what they have done what would be the best thing to do, quit? cause theres no way i could stay there when i only have another month till my other job picks up.