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  1. #1
    Join Date
    Jul 2007

    Default Terminated For Following Supervisor's Instructions

    My husband was terminated two weeks ago from his job he has been at for 13 years. We live in Indiana and I am aware his employment was at will. I will try to make this as short as possible.

    Here's the facts: Around 3 years ago, my husband went from a 3rd shift loader to a 2nd shift unloader (a loader was paid .50 more an hour). After around 1 year of unloading trucks - part of his job responsibilities became to load trucks as 2nd shift has never had a loader. (1st and 3rd have a full loading crew). He was tired of loading trucks everyday and not being paid the extra .50 cents to do so and went to his supervisor. His supervisor told him to go ahead and clock in at loader rate. (this was overheard by another employee). On Wed., June 27th the production supervisor approached my husband after a meeting telling him to no longer clock in at a loader rate & instead tell the supervisor at the end of the week how many hours were worked at loader rate. The next two work days he did clock in at unloader rater (which he was never paid for). The following week we were at Disney on vacation. When he returned to work on Monday, July 9th he was terminated. The production supervisor said he spoke with the supervisor and was told he never gave my husband permission to clock in at loader rate. No investigation was ever done to our knowledge or to other employees knowledge.

    Years ago, I was in HR and also processed payroll. One of his former supervisors (still employed at the company) called and I discussed the payroll system there. I was informed (as I expected) that the supervisor who told and knew how my husband was clocking in had to sign off on his time sheets every week. I then called the headquarters of his former employer and spoke with the HR manager - explained everything and wanted to know on what grounds my husband was terminated. She admitted to me that his supervisor was repremanded (I was shocked she even discussed anything with me). I never got a direct response on the exact term code.

    His unemployment is going to take up to an additional 8 more weeks before we know if he will even get it.

    The handbook states that misconduct would warrent immediate termination & that employees need to be aware that work rules vary from location to location and shoud familiarize themselves with local requirements. My husband has never seen a policy that states how they handle corrective action steps. We have some employees trying to get a copy but they took done their intranet and none are available right now.

    They held a meeting last Thursday and have now changed their policy to where unloaders are paid at a loader rate.

    My husband is now receiving a full VA grant to go back for classes he is interested in pursuing but this is just bugging me.

    Is there anywhere to report them to for requiring him to do a job that the company pays more for - but yet terminated him for being paid for it for 2 years (with supervisor permission at that)? I also feel they "may have" violated their procedures in this case but I don't know that for sure as they no longer have it available.

    Any suggestions would be greatly appreciated.

  2. #2
    Join Date
    Jul 2007

    Default Re: Terminated For Following Supervisor's Instructions

    Sorry, need to clarify - he was paid the two days as an unloader. He was required to load trucks on those days and was not paid at the loader rate.

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