unjustly fired?

Aubrey A

I would try to apply for unemployment to prove that they were wrong. If you can't do that, just tell everybody about the place and what they did and don't worry about being fired. I think it would cost more to get a case started than what it's worth. You might want to talk to a lawyer about it to see if you do have a good case. If nothing else you could receive lost wages for being fired. It was just a part-time job anyway. Definitely don't shop there anymore.

countryguyhfc

You may be able to file for unemployment.
Workers comp is for injuries or illness directly related to work, like black lung disease for coal miners or if a stack of books had fallen on you and broken your leg.

Mel

Let's sort out a few things...first, although it may be true that the store is not busy and/or overstaffed first thing in the morning, it is not your job to set the hours of work. That is your boss's job, and s/he must enforce those hours and discipline employees who do not adhere to them.

All employees must be treated equally in terms of disciplinary actions. It is not OK for one person to be late all the time while another gets written up for the same behavior. However, we live in the real world, and the boss's kid will probably always be allowed to slide while the rest of us have to toe the line. Because disciplinary actions are confidential, it's unlikely that you will really know what has transpired with others.

The agencies that can assist you, for free, are www.dol.gov and www.eeoc.gov. However, since you were terminated for violating a company policy, it will be very difficult for you to pursue a wrongful term claim.

The only saving grace is that if you do indeed have health issues which prevent you from working, you may be eligible for FMLA leave. However, that law applies only to employees who work a certain number of hours, so if you were a part-timer, you may not meet the requirements. (www.dol.gov has more on this, too.) If you DO meet the requirements, your employer must offer you up to 12 weeks of unpaid time off.

Good luck.

Sunshine

A part time job isn't worth hiring an attorney. Get another job! Why would you want to work at a place that is not treating you like everyone else. Turn that boss in for discrimination if you know that you are not being treated like everyone else. ( Turn her in to the Department of Labor in your state) Maybe the job was making you depressed! Good Luck!

Piggiepants

You were late and you were absent and you were fired. End of story. You do not have any reason to sue them; they were winthin their rights to fire you. You don't have to continue working there, because you no longer have a job there. Get a job elsewhere and move on.

lremmell64

You could apply for unemployment benefits from your state.

Also is your state an "At Will" state, meaning that they can terminate employment at any time without reason nor notice and employees can do the same as well. If you are employed in a State that operates under this policy, then because it is a part-time job you won't have any way to fight your former employer.

Katie

if they had policies and procedures in place for being late or the amount of sick time that may be used...if you do get paid sick leave then they would have grounds to fire you

I would forget about it, and get another job. In many states, an employer can fire you WITHOUT giving you a reason, and you have no legal recourse. 60 minutes did a feature on this about 7 months ago.

moonlightbliss9087

i hate to say it but its ur boss she/he can do as he pleases wether we like it or not and calling in sick that much and coming in late in the last few weeks isn't very professional even if you have been sick, try taking some tea and medicine if you have a cold. Good Luck!

CrazyGirl

You cannot pursue any legal action against the company because they had justification for firing you. Coming in late and calling out a lot puts your co workers in a bind. They have to have someone else to do your job. If you had medical reasons why you could not be at work then you should have brought in a note from the doctor upon returning to work, not when the problem was brought up. Take this as a learning experience. Next time get a doctors note for every day out and don't be late.

~Snizz~

sweetie any company can fire you anytime they choose to.
You were sick and came in late. that's absolutely a good reason for anyone to fire you!
Sorry, this was your responsibility!
~V.

bdawg

There's a little something called "A WORK ETHIC". Basically it consists of showing up on time everyday and DOING YOUR JOB. You may look into acquiring a work ethic and in turn be able to hold down a job. Then you will have no need for an attorney or unemployment.

smartsassysabrina

You can be fired from any company at any time, just like you can quit at any time. It's called "the right to work". You should have gotten doctor's notes in the beginning (you always should if possible for any absences). There is no legal issue here. Even if you hadn't been late or absent you could be fired.

darbygirl

They are trying to run a business. When you're late or not coming in you are throwing everything out of whack Look for a new job and this time respect the other staff by showing up on time.

Becka Gal

You don't say where you live, but most states have "employment at will" laws that state that employees can be let go for virtually any reason or no reason.

If you were late 3 times in 2 weeks, and if you called in sick several times, with or without a doctor's note, you have proven yourself to be an unreliable employee. As a business, they need to be able to rely on their employees to be at work when they're supposed to. Out of 14 calendar days you were unavailable to them for all or part of 5 of those days. If you're part time, you were likely not scheduled to work all 14 days - more likely 3 days per week, which means that out of 6 scheduled days, you were late or absent 5 of them.

You need to attend to your healt, both mental and physical, but your employer needs to be able to attend to the productivity and financial health of their operation as well. The other alternative that they had would be to stop putting you on the schedule until your health issues were resolved, which would end up accomplishing the same thing.

I fear that you would have no legal recourse on an issue like this.

sami

If your a student, your students union may help you out?

Unless you have a contract stating otherwise, if the employer wishes to dismiss you, or the you wish to quit, one weeks notice must be given.
If they do not wish you to work, they much still give you one weeks full pay.
From what youve been saying, there is some equality issues too, and as far as i know turning up a few minutes late is not grounds for a dismissal.

You could contact a solicitor? Many give free consultations about cases such as this. But first, i would phone or speak to the manager about the book store first, and inform them you intend to seek legal action. They may seek a compromise first, because if they loose the case, they have to pay all the legal fees.
You could also offer to seek arbitration to the employer, its a free method but both partys must agree first.

You could find the phone number for a Law firm in the yellow pages, you can organize an appointment with a solicitor, and you can work on it from there :)

kim

I was fired from my job and won my unemployment. I was wondering if I can file for lost wages. I work and live in Ohio. I had to appeal my unemployment but I proved my job performance and attendance. During the hearing the board officer asked my boss if she investigated the write up and she stated to the unemployment that she did not. So what I am wondering about lost wages. I almost lost my home and also had my driving privileges taken cause I could not pay my bills.

Enter Your Message or Comment

User Name:
User Email:
Post a comment: