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  1. #1
    Join Date
    Dec 2006
    Posts
    4

    Default No idea the "real" reason why I got laid off.

    Massachusetts:

    I was working for a non-profit organization and was terminated on June 13, 2006. The reason they stated as to why I got fired was, well I will just type out the letter.

    Your employment effective June 13, 2006 is terminated with the "send me a msg for company" due to a series of comments made by you to other employees which are not in keeping with the Workplace Safety and Workplace Violence Guidelines, and which have caused fellow employes to fear for their personal safety.

    They fired me on the very last day my 3 month probation was supposed to end. I never recieved those guidlines at all.

    The way the day happened when they terminated me was they call me up at 11am to come in, never mention the reason why. The times I worked were 9:30pm-6am. I get there half asleep and my manager for the department I worked in was waiting for me at the door. We walk down to HR.

    We get to HR and the head of HR hands me that letter which I typed out above, and she also had my last paycheck. The paycheck included vacation and sick time not used. I ask HR lady who said them if it was day or night shift, and she would not tell me. I mention to her about a incident that happened 3 days earlier with a workmate.

    On that night I walk into the room and notice no one is in the room, also that someones radio was loud and I did not want to touch it. The person whos radio it was walks into the room and I walk up to him, ask very nicely "please turn down the radio". He does. Lets call him A

    The next people to walk in is 2 people named B and C. B is male and C is female. I do not say anything to either of these people. B turns to C and comments on how loud the radio is. Then B says if the radio isnt turned down he might bring in a gun and kill everyone. Looking back I feel that he was mocking me.

    I wait for the night manager to come in and tell her his comments. I tell her, she brings everyone who was in the room, into a office and asked them what happened. Due to B's comments I could not stop shaking and asked if I could leave and that I would make up the hours working the day shift instead. The day shift goes well, I go home goto bed for a few hours and go back into work for the night shift. The next day goes fine, no incidents. No indication as to what was going to happen on my last day.

    One thing I want to add is that the night before is, I had lent person C some money for food and asked for the money back. Person A pipes in saying he is bugging you for that amount. Then person B pipes in and I tell him to mind his own buisness. He gets pissed at that. A tells B to calm down and that it isnt worth it.

    I always had problems with A and B. I walk into the room and could feel the tension. I should note that I was the only white person working in the room, where everyone else was black. I did here on few occasions B talking about the people in the morning by refering them as "the honkeys in the morning.

    Back to next day after I got fired. I go back in and talk to HR lady and try to explain I did not do anything that she is accusing me of. I ask he what my comments were and she mentions that they are confidential. She then mentions a hint that I supposidly said something about guns, knives and doing violence to someone. I tell her I would never say anything like that and that its all a lie. She tells me that no matter what im not getting my job back and that there is always some truith in a story like that.

    I spoke with the morning manager and told her what happened and she could not understand what happened. No one that worked in the morning never had a problem with me.

    I also might think it was retaliation against me because one night when the manager was not working. B and C went outside doing whatever for 1hr, came back talked for 30min, went on a food run for 30min. Then ate for 30min. C finally got to work but B fell asleep for 3 HOURS!!! He never recieved a warning or anything for it. When the manager brought B and me into a room, he just mentioned he was tired. She never said anything about it to him.

  2. #2
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,126

    Default Re: No idea the "real" reason why I got laid off.

    I don't see anything in your post to indicate that you were terminated for any illegal reason.

  3. #3
    Join Date
    Dec 2006
    Posts
    4

    Default Re: No idea the "real" reason why I got laid off.

    Wrongful discharge. Someone had sent me a little bit about the guidlines and it says that part of the investigation they are supposed to talk to the accused. They never spoke to me at all.

  4. #4
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,126

    Default Re: No idea the "real" reason why I got laid off.

    Quote Quoting upset413
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    Wrongful discharge. Someone had sent me a little bit about the guidlines and it says that part of the investigation they are supposed to talk to the accused. They never spoke to me at all.
    Was was the wrongful discharge? You were terminated before your probation period ended.

  5. #5
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,094

    Default Re: No idea the "real" reason why I got laid off.

    Quote Quoting upset413
    View Post
    Wrongful discharge. Someone had sent me a little bit about the guidlines and it says that part of the investigation they are supposed to talk to the accused. They never spoke to me at all.
    You received all unpaid sick time and vacation in your last paycheck. They did you a favor by letting you go. It doesn't sound like that situation was going to get any better. And you were the new person and on probation.

  6. #6
    Join Date
    Dec 2006
    Posts
    4

    Default Re: No idea the "real" reason why I got laid off.

    Beside the point, they never investigated it. Or so they claim. How can I be accused of something I did not commit and a few days earlier someone saying it infront of me?? ALso why was I not told what my comments were when if I had said them they would not be confidential. The next day after I got fired and spoke to HR lady she was implying I was a liar by saying there is some truith in it, even though I did not say anything. I watched what I said around these people so they wouldnt try and get me fired.

    Also stated on my unemployment papers the reason why I was let go from this job was Non-Violent discharge. That does not make sense when I have a letter here stating they let me go due to not following their violence guidlines. The 2 do not add up.

  7. #7
    Join Date
    Dec 2006
    Posts
    4

    Default Re: No idea the "real" reason why I got laid off.

    We all were on probation for that period. Why would the person who accually made the comments be allowed to stay but someone who did not even say them get fired? That person also always messed around everynight, when all I did was try and do my work, while working with them.

  8. #8
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,094

    Default Re: No idea the "real" reason why I got laid off.

    Quote Quoting upset413
    View Post
    We all were on probation for that period. Why would the person who accually made the comments be allowed to stay but someone who did not even say them get fired? That person also always messed around everynight, when all I did was try and do my work, while working with them.
    Who wouldn't be upset by the circumstances? The non-violence policies are OSHA policies. The HR person doesn't have a lot of wiggle room with the incident that you described. "They" (meaning your co-workers) said how it happened. You stood alone, unfortunately. Truth or not. Remember this incident. It could be they needed someone like them who likes to goofoff. You didn't fit in.

  9. #9
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: No idea the "real" reason why I got laid off.

    The law does not require that you receive notice, warnings, or write ups; there is no law requiring that they do an investigation.

    Wrongful discharge does not mean what most people think it means. It is not a wrongful discharge unless there is a specific law that prohibits the employer from terming you for the reason they did. EVEN IF company policy requires that they do so, violation of company policy does not make it a wrongful termination.

    Sorry, but your recourse is to file for unemployment and look for other work.

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