Ask Me Help Desk - Fired Without Just Cause

I began my new job 4 weeks ago as a test center administrator. I administer exams ranging from education, to doctors exams.

During my time there, my supervisor was acting very funny. She didn't take the flyer down for the job position that was there when I first applied.

Her two daughters were already working for her, and she just hired me. The scheduale was full and there was no need for anyone else.

She also kept telling me she spoke to several other job applicants and that they sounded great on the phone, nothing compared to me, like I was a piece of ground liver. This made me feel degraded.

A few days ago I came into the office and saw a sheet of paper with the word "applications" written on it. There were 5 people's names listed on the paper including the two people she mentioned she had spoken to on the phone.

Today, I arrived at work and began administering exams. While I was doing that, the person she said was "great" came in for a job interview. She interviewed him while I was there. Then she took off to lunch for 2-3 hours with the head supervisor. Hmmm, wonder why they were gone for so long?

When she came back she called me into her office and pulled a surprise evaluation on me.

To make a long story short, she could not tell me that I was doing my job wrong. She told me she was having trouble reading me and was worried about my communication.

I just got certified to do the job the day before. I told her I felt comfortable in the office, and no examinee had a problem with me. In fact, she said several unprofessional things while I was working there. There were two things she said to me when I first got the job. I think they were totally unprofessional to say to a new employee.

First she told me she was a femenist. Then she told me she loves sex, everyone's got to love sex. I did not feel comfortable about this at all, and I think she knew that.

During the evaluation, I told her I am the employee and she is my supervisor. We are not friends. She became angry and upset at this. She told me I was argumentitive and combative when I was simply asking her legitimate questions.

She told me there was no point to continue the coversation. I said I can do the job, so what you you like? She said she wanted me to leave. I asked her if I was fired and she said, "I think so". I was disgusted by her and I did leave, but not before telling her that I knew she couldn't fire me because I wasn't doing my job, but because she didn't like me due to a personal problem. I also told her I had a feeling she had been planning this for a while now. All the evidence is there.

She caused me a great hardship and she is also playing around with the Owner's money. I am already trained to do the job, and I passed the certification exam.

I feel she fired me because of her femenist attitude and own insecurity. She acted afraid that I would do the job better than her. She was afraid and cautious to help examinees when they had a question or a problem.

I would like to know if I have grounds to file a civil suit against her or the company. Don't I at least get two weeks notice? I was on a 3 month trial period.

I believe she reprimanded me for speaking up and not being submissive. What can I do to get justice?

Regards,

Dan Patrick

Dan,
I would get all that I could in writing. Then I would have to examine my contract to see what I could read in it about reasons for being fired if any are listed. Then I would have to examine "my own" reasons for staying is such an uncomfortable job. I would hate to show up at a job knowing that "they" were constantly trying to find reasons to "eliminate" me. That is the worst kind of pressure to have for a job. And then remember there is a 3 month "trial" period for a reason. Some places are just looking for the "right" type of person. Do you always want to feel like a bug under the microscope.? Ace

Dan,
I would get all that I could in writing. Then I would have to examine my contract to see what I could read in it about reasons for being fired if any are listed. Then I would have to examine "my own" reasons for staying is such an uncomfortable job. I would hate to show up at a job knowing that "they" were constantly trying to find reasons to "eliminate" me. That is the worst kind of pressure to have for a job. And then remember there is a 3 month "trial" period for a reason. Some places are just looking for the "right" type of person. Do you always want to feel like a bug under the microscope.? Ace

Ace,

I'd like to get that in writing for sure, but I don't think she'd give it to me. You're right, she is very sneak to have done this to me, and it was obvious that she was doing this all along. However, like in most cases, I needed the job and the money. Now I have no job thanks to her. I just moved to Asheville, NC and jobs are scarce or pay low. People are very old fashioned here.

I think the best thing to do is to go back to the office tomorrow and grab the job flyer off the wall outside the office. I wish I could also find the paper with the people's names who applied for the job.

The worst part about it is the head supervisor didn't even back me up. In fact, she didn't say a word at all. Sondra, my boss, left with her to lunch for about 3 hours. They've never taken a lunch this long before. It's not hard to see that they were talking about what to do with me.

This is very unfair, and I am a reasonable person. I even tried to talk to her about it, but since she is a deceiptful person it didn't even matter. She had made up her mind weeks ago.

My fiancé was there when she outright told me, "I'm a femenist" and "I love sex, everyone's gotta love sex." She gave me the old "I don't recall" remark when I told her about it.

It is unbelievable she told us this right in front of us. I had only had the job a few days at this point. I hope having my fiancé is evidence enough.

Regards,

Dan

You did not say where you were at, if in the US, many states are what they call "right to work states" which means in a nut shell, they can fire you anytime they want, for any or no reason as long as you were not fired for a protected classification, ( sex, race, religion and perhaps sex orientation in some places)

They can fire you for no reason at all. It is a myth that a company has to have a reason to fire you, at least in most states unless you are a union employee or you have a contract with them

And if she found someone she thinks is better , even if you were doing a OK job, they can fire you just to hire someone else in most states.

1) You have no proof. The evaluation was in private so you have no proof of how it went.
2) You were on a trial period so you probably were not entitled to any notice.
3) They probably don't have to provide cause.

So basically you have no case.

I understand, but how about this. She told me I was on a 90 day trial period. However, they did not have me sign any paperwork when I got the job.

The whole thing was very odd because I felt like I was working under the table. I had to ask my supervisor for my direct deposit form and W-4 form several times before she
Finally gave it to me.

I had a bad feeling about the job in the first place, and I trust my instinct, but I needed the job.

Still nothing. You aren't listening. They can fire you without cause You have no legal recourse.

Ok, thank you for your help.

Quote:

Originally Posted by DanPatrick10

First she told me she was a femenist. Then she told me she loves sex, everyones got to love sex. I did not feel comfortable about this at all, and I think she knew that.

This right here may be your ace in the hole. Sexual harassment in the workplace is taken very seriously and is very legitimate grounds for contesting a firing if you were in fact otherwise competent to do the job. A sexual harassment lawsuit will not be good for the company and may well prompt them to reinstate you and/or pay you a hefty settlement and fire her tail instead.

Yes, 90 day probation does not have to be in writing and some companies are just poor at doing human resourse if they don't have a speicific department for it.

Or they may have honestly never intended to keep you from day one and were just getting someone to do the job till they found someone better.
Not nice but perfectly legal

Quote:

Originally Posted by DanPatrick10

There were two things she said to me when I first got the job. I think they were totally unprofessional to say to a new employee.

First she told me she was a femenist. Then she told me she loves sex, everyones got to love sex. I did not feel comfortable about this at all, and I think she knew that.

During the evaluation, I told her I am the employee and she is my supervisor. We are not friends. She became angry and upset at this. Dan Patrick

This could be all you need to file a Sexual Harassment suit. It could be argued that you were fired because you rejected her advances. But please understand that you will need more than hearsay. Witnesses or co-workers that have heard her speaking of her love of sex or anything else that could be considered inappropriate for the work place. Keep in mind that a lot of employees will not come forth for fear of losinig their jobs. In some states you have 180 or 300 days to file, so you have some time to think this through.

This may not be a cheap battle to undertake.