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  1. #1
    Join Date
    Jan 2008
    Posts
    2

    Default Please Help Me Out On My Termination

    On January 23, 2008 I was terminated after an incident with a neighboring department's supervisor.

    First things first. I was a clerk working at a medical law firm for about 2 years...dealing with eligibility, social security, medical, etc. This firm is located in SHERMAN OAKS, CALIFORNIA. My mother who also works there helped me get a job as a clerk in the neighboring department in 2005.

    On 01/23 I supposedly collided (shoulder to shoulder) with my mother's supervisor...and I kept on walking according to his words. I DO NOT RECALL COLLIDING WITH HIM. The camera did not catch the collision other than the supervisor turning around in "shock". I am not a small guy, but I am not a 300 pound UFC fighter either. I am 6'2'' and 185-190 pounds. During the mornings, when I am a zombie I can barely notice anything around me and do my work instinctively. The mere fact that I supposedly collided with him and kept on walking doesnt add up in my mind. Why on earth would I risk getting fired by acting like a badass and knock into a supervisor who has a history of flipping out and running to the HR dept? Once again, I did not recall colliding with him and if I ever did, a simple "Excuse me, I am sorry." would rid that of any escalation.

    Here is the catch. My mother and her supervisor have had work related disputes in the past. She would come home sobbing and I would obviously see that. It's simply human nature to have in the back of my head the mere fact that the supervisor was on my most-tidy list.
    One day when the HR dept messed up the locations for my mother's work related injury, they forced her to go to the doctor even though there was 1.75 hrs left. Even though I was supposed to stay out of it, I simply walked up and asked him politely if I can "please talk to him". He was ignoring me. Staring at his screen. I asked him again politely. Still ignoring me. Then I became rude and said his name twice. I understood what I did and accepted the warning.

    So, on 01/23 the HR manager calls me in and describes the situation. After the supervisor is called in, she asks me if I have any kind of problem with him. I answer and tell her: "I have absolutely no problem with him. I do what I have to do at work and go home. That is it."
    Then comes the ridiculous hypothetical question, which got me fired.

    She asks me: "How would you react if you see him on the street?"
    I was being brutally honest with her and tell her that I do not know how I would react because it is simply human nature for a son to have the facts stuck in the back of his head that he did mess with your mother.

    They automatically took it as a threat with the supervisor threatening to put a restraining order on me, but followed up with that he wouldnt. The HR manager immediately told me that she became petrified by that comment.
    All in all, I was sitting there shocked out of my mind. What on earth did I say?
    After releasing us, I went downstairs to clarify what I said to the HR manager and pleaded that she did not understand me correctly. I simply meant that I would not know how I would react in the simple thought process alone. I would never physically assault anybody at work or outside of work and risk throwing my life away. He never physically assaulted my mother, but rather had work related disputes. I repeated that I would now know how I would react in the terms of I wouldnt know what to say to him.

    She hooked onto that and fired me for that comment. She said that she cannot hold on to an employee that is a threat to another employee. Although she still said references would be provided with positive traits and she would not mention anything about the firing.

    Please understand me though. Yes, I am a clerk. Yes I am only eighteen. Of course I can find another job. But, this is beyond finding another job.

    When someone gets tossed for no apparent reason other than what they think is a threat even though I tried clarifying you just start to feel broken down.
    I have apologized in writing to both the HR manager, the boss, and the supervisor for any tension and inconvenience this may have caused them. I even called the supervisor and apologized to him once again.
    My mother has been working there for 10 years and is absolutely devastated by this whole situation and cannot sit straight. She raised myself and my sister as a single mother, so she does not have much tolerance left and can be easily broken down after so many years of hard life.
    I have been saving up for college and my mother and I shared the car to work. If I have to find another job, I will be forced to buy another car, which will serve as a severe blow to my college fund.

    Please help me out and tell me what I can do. I have already talked to the boss of the business and he told me that even IF I am 100% right, he cannot do anything about it because he explained to me about how it would look if he was overruling the HR managers decisions as she deals with all these situations. Plus, the risk of the supervisor filing a lawsuit if he brings me back.

    I appreciate if you are still with me by this point.

    Thank you,
    Alex

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Please Help Me Out On My Termination

    I'm sorry, but your termination was legal and there is nothing you or your mother can do to force them to rehire you.

    Even if you did not mean it as a threat, if they choose to take it as such they are completely free to fire you for it.

    I understand that position you are in and I'm sorry for both you and your mother. But you do not have a legal leg to stand on if your intent is to get your job back.

    They MAY rehire you if they choose to. They CANNOT be compelled to do so.

  3. #3
    Join Date
    Jan 2008
    Posts
    2

    Default Re: Please Help Me Out On My Termination

    Thank you for taking the time to read my post and for your opinion as well.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Please Help Me Out On My Termination

    It is more than opinion.

    Based on your post, it is FACT that the employer acted legally.

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