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    Ticked off 303's Avatar
    Ticked off 303 Posts: 1, Reputation: 1
    New Member
     
    #1

    Aug 10, 2011, 12:07 PM
    Applebee's Wrongful Termination
    I am trying to determine if I can bring this before a court.

    I was issues a PIP (Performance Improvement Plan) with a period of 10 days to improve the issue. In this case I was actually doing what the GM asked me to do and a lower manager didn't know. I was never provided any feedback or re-training by any management in this 10-day period. About 20-days after the PIP was issued the GM had told multiple members of the staff that I was a valued employee and he did not want me upset enough to make me quit and I was not on track to be fired. On Tuesday of the week I was terminated the GM gave me explicit directions to not leave the Host station if I were the only host on duty. Four days later the lower manager fired me because a table had not been bussed for 30-min when the wait staff was not busy and I was the only host on-duty. I was again following the instructions of the GM. I also have a text from one of the wait staff telling me that the GM did not want me to leave that he valued me just 4-days prior to being terminated. The termination paperwork referenced the PIP saying that I had not improved.

    I called into HR and they were less than helpful when I was asking questions about their PIP policies. Supposedly they are doing an investigation. My guess is they have confirmed what I told them and have shut up because they know they are at fault and liable.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,379, Reputation: 2280
    Home Repair & Remodeling Expert
     
    #2

    Aug 10, 2011, 12:52 PM

    If what you are saying is totally correct the GM should have had oversight on dismissals. Have you talked to the GM? In all likelihood you are considered an "at will employee" ,eaning without a contract or union you can be fired for absolutely no reason at all. I would not think you will find a laywer who would take this case.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #3

    Aug 10, 2011, 12:59 PM
    Quote Originally Posted by Ticked off 303 View Post
    I am trying to determine if I can bring this before a court.
    Hello Ticked:

    No, you can't. If you're not a member of a union, or you don't have an employment contract, and/or you're NOT a member of a protected class of workers, then this company can fire you for ANY reason, or NO reason at all.

    An exception might be if they LIED to you and made PROMISES to you... Those promises could be considered a contract... But, I don't see that they did that.. Oh, they're incompetent, all right. But, you CAN be fired because managers are incompetent.

    excon
    odinn7's Avatar
    odinn7 Posts: 7,691, Reputation: 1547
    Entomology Expert
     
    #4

    Aug 10, 2011, 01:53 PM
    It might be too late now but at the time you probably should have sought out the GM and talked to him about what happened.
    anon818's Avatar
    anon818 Posts: 1, Reputation: 1
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    #5

    Jan 12, 2013, 08:33 PM
    I'm right there with you. I was recently fired because of two no call no shows. However, I had a reasonable argument, or so I believe, for both of those. The first came when I had to travel with my husband. Being responsible, I released my shift, and another server had agreed to pick it up, which was a week before I had to travel. However, she blatantly lied, and left me hanging after I'd already left, and was much to far away to return quickly to cover my shift. So, there goes write up one.

    Second time around, I had come down with Strep Throat. (Should I mentioned I'm pregnant, and had been informed to REST?) Regardless, I had a few days off after my initial report of sickness, for which I had a doctors note. They allowed that. The following Tuesday (the week after) I was scheduled to host. I have yet another friend who said she would work for me, considering if I still felt too bad to go to work. We planned to text each other between 8 and 9 am that morning, and upon my determination that I was too bad to work, I texted her at 8:15. Due to crappy cell reception here, I guess she never received it until around 12:00 pm, which was far too late for my opening shift of 10:30.

    They called, but I did not hear my phone ring. Upon waking up, I returned the call, and was informed that I was terminated due to two no call no shows. Now, I thought usually there were conversations with managers after you get fired, but none such conversation happened for me. In fact, we were recently bought out by a new company, and we got a new GM.

    Now, call me crazy, but I had always had a feeling she was out to get me. My husband even believed, after my day to day reports after work, that she was just waiting for a reason to fire me. She'd argued with me that "pregnancy was not an epidemic", which I never said it was, and if I couldn't "quit being sick, I needed to find a new job"... Both things that are currently out of my control, honestly. There is only so much medicine they can give a pregnant lady, okay?

    Well, today, I went in to get my W2 form. Another problem, yet again. Been working there from January 2012 till just presently (almost a year), and got married in June 2012. Brought my SS Card and ID in in JULY for them to change my name, never did it. I brought it up several times, no change. When we were bought out in December, I was once again told they needed my new id's and such because I had refiled the application with my NEW NAME. Today I realized my maiden name was on the W2, and I was there to ask if I could get it changed. Immediately, the new GM started with an attitude, treating me as if I was mentally ill. I told her, word for word, that they were "SUPPOSED to change it in AUGUST when I brought in the papers the FIRST TIME." and her response was "Well I'm SUPPOSED to be a millionaire right now, but that didn't happen." Ridiculous. She then went to get my number for Corporate.

    When she returned, she bluntly notified me that I was to leave the property because I had been terminated. Now, if she'd not been rude, I would have had no problem doing so. But, I'd never been informed of this requirement until just then, and naturally looked confused. She repeated it again, and when I asked if that meant I couldn't be a customer here, she got even more sassy, and repeated the statement. So, I got a little sassy back, and told her I was done, which I figured she would understand as "I'm leaving." So, as I proceeded to leave, she followed me, yelling my name, because I guess she didn't realize I'd come through the side door.

    Does it sound like something ed up happened to anyone else? I mean, I have a much longer list of neglect, such as being bullied by other employees, and no action was taken after I reported it... but I figured this was more important since it has to do with me being fired.

    BTW, I wish we could take these things to court, but IDK if it will do any good. :(

    Thanks, Anon

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