Check out some similar questions!

Jenn_needs_ajob · May 3, 2007, 08:33 AM

I was terminated yesterday from a corporate job that I have been employed at for 8 years now. It's a well-known wireless service provider. I was terminated for using a "demo line". I was given the demo line to use a few months back by a store manager and continued to use it up until yesterday. Other employees have done the same thing. In fact, I know of at last 6 employees in my store alone that have used demo lines for their own personal use. When questioned about the phone/demo line, I immediately owned up to using it and explained how I received it and was willing to pay any charges that may have occurred (which none had besides a $14.99 application fee and one of the 6 employees mentioned above had ran up a $400+ long distance bill a few months prior and was reprimanded and made to pay the fees).
I could go on and on about this company. In the past eight years, I have been told I was unqualified for job opportunities with no real reason for the incompetence even though I was doing all those job requirements before even applying for the job. I have worked in a black mold infested building for almost 2 years before it was cleared up. And after a major office fire (the copy machine started a fire), I worked in smut and smoke filled offices for over a month with no air filters, face masks or even electricity for several weeks. And now this. Fired for doing something that everyone else was/is doing. I feel like I am being made an example of and this is not right. I have dedicated myself to this job - my career and have had nothing but let downs, push downs and now being pushed out the door.
I would just like to know if anyone thinks I may have a case. I can elaborate if needed - I just feel this is a wrongful termination. If anyone could please provide me with any ideas on where to start and such, please do. I would greatly appreciate it. This is all so overwhelming to me right now. I never thought I would be in the predicament!

ebaines · May 3, 2007, 09:59 AM

Jenn:

Sorry to hear about your termination. I can certainly sympathize with your frustrations - sounds like a terrible place to work! Actually, you may find that being let go may turn out to be a blessing, based on your description of the place. Perhaps your next jib will be more rewarding.

I am not an expert, but based on your description I doubt that you have a case for wrongful termination. The fact that others were using company assets inappropriately is not relevant. It may be that the company is using your use of the demo line as a convenient excuse, but the fact is that almost all of us work at the pleasure of our employers, and they can terminate us for whatever reason. I think the only real recourse you may have is if you can show discrimination by your employer based on any of the protected categories (race, age, sex, religion, veteran's status, etc).

Emland · May 3, 2007, 10:05 AM

I am sorry, too, that you lost your job, but the excuse of "everybody else was doing it" isn't going to fly. Try filing for unemployment benefits. The company may not try to fight it, but there doesn't appear to be anything improper in their decision to terminate you. If you are in a "right to work" state, then they don't even need a reason to fire, but they do have to show cause if they fight the unemployment claim.

Matt3046 · May 3, 2007, 10:26 AM

Contact the corporate. Headquarters and voice the actions you would like happen. They may be somewhat more, "fair" to you. If not lawyers that do this type of work will often respond to E-mails. And try at least 3 or 4 to see if any will take the case.

Emland · May 3, 2007, 10:32 AM

Matt3046: I am curious to what you think the case would be based on.

Matt3046 · May 3, 2007, 10:42 AM

Wrongfully firing, I guess. I don't really know. Maybe nothing. But usually a company should treat all employees with the same degree of evenhandedness. But possibly there is nothing.
I worked for a retail clothing co. around 12 years ago, the store detective was a total pervert, who would say very crude things to the women at the store, including several teen aged high school girls. Well one day one of the girls got so upset that she started to cry and when the manager found out he fired to man on the spot. Well since the guy had never been reprimanded, on paper by the manager he was able to file a suit and win three years pay.
So you never know, True he should have been fired but, shouldn't he also have been warned before? I don't know the point I am trying to make here.

ballengerb1 · May 3, 2007, 10:54 AM

It could be that, as you suspect, you are being made an example. That in itself is not grounds for improper termination. They have stated cause and you would likely be ineligible for unemployment. However, you would know if you are ineligible unless you file so give it a shot. You have nothing to lose but a few hours of your time. Without a contract you were an at will employee who could be dismissed without cause unless you could prove discrimination. Are you a member of a protected class?

Emland · May 3, 2007, 10:55 AM

There is piss-poor management all over the place. It is a wonder some companies have lasted as long as they have.

Some managers feel threatened by workers they perceive as threats to their position and will set them up for failure which ends in dismissal. In this case, the employee seemed to be aware that the use of the phone was improper, but since everyone else had one, it was okay. Had the employee perhaps pointed out to the district manager, if such a person exists, that the company was experiencing this waste, we might have been hearing about a promotion instead. However if "ifs and ands were pots and pans we wouldn't need a tinker."

Improper documentation might be a strategy to pursue, but I don't know of any judge that is going to require an employer to keep an employee for what boils down to theft. If the other employees still have access to the "demo lines" then, the case has more merit.

ballengerb1 · May 3, 2007, 11:08 AM

Jenn will actually have grounds for a case if proof can be provided that the company was informed others were doing the same thing. If the company then chose to not take action to stop or reprimand the other employees. Unfortunately, as Emland points out, there are bad managers all over and this may have been their excuse to get rid of someone.

Lowtax4eva · May 3, 2007, 11:11 AM

Agreeing that unfortunately you don't have a case, the office sounds pretty bad but unless you made a complaint to a government agency (In Canada its called the Office of working standards, you must have something similar) then you have no case to bring up the condition of the office in a lawsuit.

If you filed a complaint and then they fired you, you'd have a case for sure.

And as said above, everyone does it doesn't fly, someone should have stepped up and told the other employees the phone was for store demos, not internal use.

excon · May 3, 2007, 02:22 PM

Hello Jenn:

Unless you have an employment or union contract, you are working "at will". That's a legal term meaning they can fire you for any reason whatsoever except for being a member of certain protected classes.

You were an at will employee. They can fire you if they don't like the color of your dress - even after 8 years. You have no case.

excon

Jenn_needs_ajob · May 3, 2007, 09:58 PM

Thanks everyone for your answers and advice... I'm working on a few different ideas as you all have mentioned above but do believe there is not really much too come from it... I do think this an unfair termination but realize that as a corporation that's not how it looks. Hard work and dedication doesn't go far these days - no I was not completely innocent in the predicament but it was never intentional or mischievous. I appreciate all of your suggestions and replies and if any other thoughts may pass - please post for me... I could use all the help I can get for the moment! Thanks!

excon · May 4, 2007, 07:09 AM

Hello again, Jenn:

Just a couple thoughts in closing; 1) the "at will" thing goes both ways. If they were as bad as you say, you could have quit. The fact that your hard work and dedication didn't go very far was probably evident to you seven and a half years ago. 2) They can fire you for any reason, but they can't lie about it. Watch them very carefully.

excon

ScottGem · May 4, 2007, 07:27 AM

Well there is one thing that hasn't been mentioned. Are you in a protected class? I'm guessing you are female. Are you a member of another minority?

The point here is that you MIGHT have a case IF the other people who were also using the demo line were all young white males and you are an older black female (for example).

Clearly they are using the demo line issue as an excuse. So you need to determine the real reason if you can. Only upon determining that real reason can you know if you have a case or not. Currently you do not, but a possibility exists that you might.

ballengerb1 · May 4, 2007, 07:38 AM

Actually, I asked that same question yesterday but Jenn did not address it in the last post. It is probably the only avenue left. It is difficult to prove sex, race discrimination on a singular situation. However, in an EOE investigation it doesn't always go like a court room. Proof doesn't have to be beyond a reasonably doubt. Mediators will often try to negotiate a settlement or agreement rather than make a finding. If I were Jenn I'd take a settlement and a clean letter of recommendation and hit the door running.

Jenn_needs_ajob · May 4, 2007, 04:33 PM

Well here are a few things I have figured out in my past 2 days unemployed... yes, it is an "at will" state and I am white female but I am overweight and suffering from migraines and sinus issues (no doubt caused in part from the black mold infested offices I worked in for over 2 years and the smoke and smut filled office as I mentioned in the first comment/question). I have talked with the EEOC and they have stated that this termination did not fall under any federal rules/regulations but the woman I spoke with said that I may have "other options" outside of their jurisdiction. I am going to try to pursue those ideas next week just to see where it may lead. I do not have a lot of medical documentation for my migraines/sinus troubles and think it will be hard to prove discrimination based on my weight alone even though all the other other women employed at my location were fit & trim.
Thanks again for all your help and thoughts... :-)