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Old 11-08-2005, 05:06 PM
Junior Member
 
Join Date: Nov 2005
Posts: 1
Question Wrongful Termination? + much needed venting (sorry)

I Was hired on morning of 9/12, 2005 by and physically started work 9/13 at a rate of $8.50 hr with promise of several quick raises if performance justifies. Co. pays weekly every Thursday. Was given raise to $10.50 hr. which shows on pay period 9/21/05-9/27/05. This rate continues until the 9/28/05-10/04/05 pay period when a raise to $11.00 hr. is given. On 10/17 upon starting work I was pulled aside by Co-owner/Salesman and told I was being let go because I "just wasn't working out". When I asked for clarification He added that other employees complained I was regularly observed "standing around" while others worked. He then told me I should leave and that I would be paid for that day in addition to the next day 10/18. I was only paid for one of these 2 days on the 10/20 ending period check. This I know to be untrue and can be argued against by at least 2 of the only 10 employees I worked with in addition to at least 3 customers on jobs which they observed most of the work on their homes and giving thanks to us for our hard work and efficiency when done. 'Our' being the Lead Installer, myself and another helper who I worked with daily on all but a couple days of time employed. The co-owner and contractor who hired me and delegated job assignments was on vacation the last week this transpired.
I know there is some other reason for the firing than the salesman used and that this should happen as my boss the contractor was vacationing and unreachable. Can an employer state claims without having to prove or show documentation to back them up?
Warning!!! Additional venting to ensue.
26 Days, 2 raises (8.50-11.00hr.), positive feedback from a couple fellow employees, several from customers personally acknowledging my hard work, and a complete lack of any negative feedback or input that any improvement was needed on my part to warrant keeping the job=poor performance that's. "just not working out"? WTF!? . I don't claim to have been the "model employee" or without any shortcoming, but any previous employer and many customers/associates would say exactly the opposite of being a slacker or the type who could "stand around while others worked". It's such B.S. and I'm torn between depression and feeling like Nancy Kerrigan as I cry clutching my battered ego and present livelihood in shock and disbelief, and simmering rage with the Idiot for not being smart enough to leave it at "it's just not working out" or better, use having layoff or cut back which I wouldn't question or know was some cover for something else. If anyone with experience or knowledge in this arena could give feedback or suggestions on ability or lack thereof to plead my case would be greatly appreciated. From the little I've read it seems to unjustly tip the scales in the employers favor to pretty much get away with anything not blatantly motivated by racism, ***-discrimination, ethnic or religious preference, etc. Surely justice and the system can't allow ample evidence, actions, and witnesses in my favor, as opposed to their complete lack thereof, go unrectified. Right? Right? Why does that voice in the back of my mind keeping reminding me I'm in the country where 4 white cops can be taped clubbing a man already down repeatedly not excessive, a celebrity can murder x wife and another to get off despite evidence that would fry an average citizen, for another to have dinner with significant x who's shot outside afterwards not by him because he was in the restaurant at the time because he had FORGOTTEN HIS GUN! S@#%, I'm screwed . So ends this lesson in the power of positive thinking.
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  #2 (permalink)  
Old 11-09-2005, 02:15 PM
Senior Member
 
Join Date: Jun 2005
Posts: 456
Angry

Are you an at-will employee? I'm sure you are and in that case you can be terminated for any reason except one based on a discriminatory factor.

Read this: http://www.legalmatch.com/law-librar...minations.html
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