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Wrongful Termination

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Ebaneezer
Posts: 288 - Karma: 24
The other day i got fired from my job because i was in the hospital. i called in before my shift to let them know that i was in the hospital and they fired me. i'm not positive, but i'm pretty sure that is illegal. what are some of the pros and cons for suing for wrongful termination?
Aug 19 2011 12:17PM
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the_moderaper
Posts: 2465 - Karma: 218
Well if you were to sue for your job back, your boss will hate you and be on your case forever waiting for you to slip up enough to fire you for real. I'm not familiar with the laws, but I would go for it, just in spite that your boss seems like a dick. Nothing like pissing him off for their actions and getting a little monetary compensation alone with a spiteful job.
Aug 19 2011 12:21PM
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TechnoPotamus
Posts: 11626 - Karma: 3,522
Cons: it costs money to take them to court and fight it, it also takes a lot of time.



what was your job? part time/full time, salaried type deal or nah? might not be worth it.

Have you tried meeting with your boss and explaining the situation calmly and trying to revisit his/her decision? people are generally reasonable and understanding...
Aug 19 2011 12:22PM
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CassiusClay
Posts: 1757 - Karma: 2
Pros: you might get your job back

Cons: you might not get your job back, if you do you'll hate everyone there anyways, you'll waste a bunch of time and realize it might have just been easier to give a big fuck you to your current place of work and look for a new job.

If you believe you can get a job elsewhere, I'd just say fuck you to your current company and dip to another job.
Aug 19 2011 12:22PM
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PopsicleStand
Posts: 6890 - Karma: 147
Not sure on the legalities of that, it could possibly be legal. Consult your HR officer and review it with them.

Things to think about would be: What sort of job was it? If this is your career it might be worth fighting for, but if it was the local ski shop....meh. Yes, you can be unofficially blacklisted. Yes, you might spend a shitton of money upfront, and there may be no big "payout" (thanks bullshit legal dramas on TV).

Just some rapid-fire thoughts.
Aug 19 2011 12:23PM
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PopsicleStand
Posts: 6890 - Karma: 147
Agreed.

However, even if they were in the wrong, they obviously wanted you gone, for whatever reason. Take the hint, but do it with as much benefit to yourself as you can. If you can, to salvage any severance benefits and at least a non-termination job separation, get a note from the doctor that treated you (these are legitimate), get your employment restored, then quit with any remaining benefits you are eligible to. That way you can also say you quit your last job. Every application you ever fill out in the future will ask have you ever been fired, and no matter the story it is a red flag to a future employer.
Aug 19 2011 12:27PM
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SkierX
Posts: 16253 - Karma: 538
I'm sure it sucks being fired, but it doesn't exactly sound like the type of place you'd want to consider staying at anyways.

Aug 19 2011 12:28PM
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BULLSEMEN
Posts: 1289 - Karma: 16
Have you worked there longer than 3 months? Because they can fire you for whatever reason they want if you haven't.
Aug 19 2011 12:30PM
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PopsicleStand
Posts: 6890 - Karma: 147
Negatory.
Aug 19 2011 12:32PM
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Ebaneezer
Posts: 288 - Karma: 24
well first of all, when you are suing for wrongful termination, you get money not your job back haha. and i have worked there for longer than 3 months. i'm pretty sure it doesn't matter what kind of job you're in, wrongful termination is wrongful termination. i was working in a restaurant.
Aug 19 2011 12:37PM
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BULLSEMEN
Posts: 1289 - Karma: 16
maybe up herr in der canadah its different den, EH?
Aug 19 2011 12:39PM
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PopsicleStand
Posts: 6890 - Karma: 147
possibly, but my guess is that at-will employment is overall the same in Canada as it is here. probationary new employment is not really an excuse to ignore at-will employment standards, which I will assume are fairly similar between both countries.
Aug 19 2011 12:42PM
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BULLSEMEN
Posts: 1289 - Karma: 16
My dad works in employment standards up here. I know 100% that in BC they can fire you for whatever reason for up to three months.
Aug 19 2011 12:46PM
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PopsicleStand
Posts: 6890 - Karma: 147
well canada aint so inviting anymore now is it... haha.
Aug 19 2011 12:48PM
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Mike-O
Posts: 14593 - Karma: 1,089
Welcome to Finland, four months probation, no excuse needed.

I've worked in six different places in my life, out of which four fired people on the last day before probation ended and had an Employee Wanted posted on the Internet at the end of the day.
Aug 19 2011 12:50PM
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jblaski
Posts: 5566 - Karma: 1,078
Your profile says you live in Vail (as do I!). If you do, Colorado is an at-will state. It's pretty complicated, but basically, in Colorado, if you show up to work, and your boss doesn't like the color of your shoe laces, he can fire you for it. There's nothing you can do about it.

Here's a little reading for you if you want to try and understand it better: http://en.wikipedia.org/wiki/At-will_employment



PS, did you get fired from a place in Vail? If so, where? Just curious.
Aug 19 2011 12:55PM
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Funnel
Posts: 7816 - Karma: 1,534
^That probationary period is such bullshit. Every employee should deserve equal treatment.
Aug 19 2011 12:59PM
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PopsicleStand
Posts: 6890 - Karma: 147
Listen, I am not a lawyer so thats why I said what I did when I originally posted. Think about the effects. I am not trying to thread jack but this is kinda killing me.

I have a real career, so I have real HR policies and standard that I have to read/sign etc. Functionally, the boss will probably have the upper hand as far as getting rid of an employer. However, you went to the hospital. That *might* be a defensible position as far as it not being a firing offense. At-will employment is not as raze-the-forest all encompassing as you guys think. Even in your at-will employment article you cited, there is a "Good-Faith..." clause. Granted, he is not in a Good-Faith and Fair Dealing state, but I am just saying there are a lot of lawyers out there that make a living getting bullshit like this thrown out.


Aug 19 2011 1:02PM
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Mike-O
Posts: 14593 - Karma: 1,089
Well, they do. They all get sacked!


Shieeeeeeet--


But it really is one part of employment laws and contracts that should be put under revision, but nowadays it's gotten less and less common due to the power of the Internet word-of-mouth...



Aug 19 2011 1:04PM
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hey-dude-its-me
Posts: 4238 - Karma: 412
file for unemployment if you haven't already, you should at least qualify for that and its something they have to pay for
Aug 19 2011 1:07PM
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Ebaneezer
Posts: 288 - Karma: 24
Yes i know colorado is an at will state and as i understand it, documentation of being in a hospital is one of the only ways to file a wrongful termination charge in an at will state. Main street grill in edwards, basically my boss told me she was firing me because even though i called in i did't get my shift covered. seriously how the fuck was i supposed to get my shifts covered from the hospital.

Aug 19 2011 1:22PM
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PopsicleStand
Posts: 6890 - Karma: 147
So you're a shift worker. Just leave it behind. They probably wanted you gone for a long time.
Aug 19 2011 1:30PM
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hey-dude-its-me
Posts: 4238 - Karma: 412
who cares what they wanted, he should try to get as much money as possible from them (if he has any grounds to do so which I have no idea about)
Aug 19 2011 1:43PM
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bdarb207
Posts: 3057 - Karma: 438
What a bunch of scum bags.
Aug 19 2011 1:47PM
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