Isn't that just a kick in the pants

[Dagney]

I got fired this afternoon.

And to tell you the truth, I didn't even see it coming. The reason they gave me is ludicrous, and personally, I feel like I've been set up.

For anyone who's been in this situation before, is it required that the company makes you sign paperwork before escorting you out the door?

I didn't sign a thing. I was just handed a box.

[lookout123]

i am truly sorry to hear that. i used to be HR so if you want you can PM me and i'll tell you as much as i know.

but unless you had previous infractions that were noted in your file, or flagrantly veered from company policy, termination isn't usually justified. but unless you are in a union state all that really means is they will have to pay the unemployment.

[Troubleshooter]

Did they fire you or lay you off?

[Clodfobble]

That sucks. I really feel for ya. Are you going to be able to scrape by until you get another job?

[xoxoxoBruce]

Beautiful, just fuckin' beautiful.

[Dagney]

The long and the short of it.

The short
I was accused of not doing my job - (which I do not recall NOT doing...seeing that I show up there every day) and then destroying paperwork to hide the fact that I didn't do what I was supposed to do.

The long
There were application files in my desk drawer for a particular client. (Which is where they are supposed to be). Said provider called Friday to talk to my backup (while I was out of the office moving), and ask questions about their enrollment. Backup pulled the files, found two applications that were not entered into the system correctly but were signed off on. (Out of a batch of approximately 45 that were entered that day, all of which were similar numbers, it's not unheard of). Copies were made of these applications and put back in my drawer.(This I was not informed of until TODAY) I returned to the office on Wednesday - had already been informed of the issue (had emails forwarded home during the move) and started looking for the backup paperwork to see what happened.
The paperwork wasn't there. I searched my entire desk, I couldn't find it anywhere. It's not in any file, in any folder, in any place I may have taken it. It did not get mixed up in any of the personal papers I brought home (I checked), was not in my recycle bin (I checked), was not in any of my other piles of paper. (I checked). My manager went through my files - it did not turn up. Curious - as Alice would say.
So, here's the deal.
Last week, I filed an ethics complaint regarding my boss with my project manager. Boss (B) manages by fear - telling her employees constantly - to keep their resume's updated, because they may be needed (handy trick there, considering I needed it today). Doesn't communicate vital information and then beats us over the heads with it when we get something wrong. And basically is an all around bitch.
One week, to the day, this happens. I don't see it as a coincidence. I see it as an attempt to build a case to get rid of someone who blew a whistle.
Today during my - well, I'm not quite sure what to call it, I was told that I was being separated from the company, and that I was not eligible for a severance package. (UC was not mentioned). I was told that I could not work for the company again (not that I would want to). And was basically accused of futzin around every day, then shredding paperwork to hide that fact. (Hard to believe considering that everyone who knows and works with me knows that I work my tail off) When I had the chance to speak, I stated that it just seemed a little too convenient to me - and it was the perfect opportunity for a manager to get rid of someone she didn't like working with.
She did not deny it.
I was not presented with anything to sign stating that I accepted or disputed the actions taken against me. I was not given the opportunity to defend myself (not that there really would be a way to, with documentation missing). Nor was I able to speak with the Project Managers who had the final say in the matter.
I had nothing to gain by doing what they are accusing me of doing, nor did I have anything to gain by lying about it. I always own up to whatever it is that I do wrong. My employment with this company was good, I've been given multiple client compliments, performance bonuses, kudos from higher management, as well as being one of the only people that knows what I know. (I'm not boasting, unfortunately, no one else wanted to learn what it is that I know) I had one verbal warning in the past about being tardy (when you drive over an hour one way, you run the risk of being late), and have had no complaints since. 3 years ago I had a written warning for attendance, but that has also not been an issue since.
To me, this feels like a personal vendetta - and I just can't see why this particular extreme was called for.

So, I've been sending out my resume like ships on the way to Troy, applied for UC online (the Internet is nice sometimes), and am trying to figure out if I've got a case that I should present to an attorney.

That's where it stands right now - I'm tired, and my eyes are burning from crying and searching for a job, so, I'm headed off to bed.

[Dagney]

Originally Posted by Troubleshooter

Did they fire you or lay you off?

I think the term they used was "perform a separation".....

Like I was a mole on their ass or something.

[Dagney]

Originally Posted by Clodfobble

That sucks. I really feel for ya. Are you going to be able to scrape by until you get another job?

I have a little bit of $$ in savings (but donations are always appreciated), and have already started the UC process and looking for another job. I'm not above temping or doing the part time thing to make ends meet until Uber Job shows on the horizon. I've got some nibbles...I'm just hoping they come through.

[Dagney]

Originally Posted by xoxoxoBruce

Beautiful, just fuckin' beautiful.

Yeah, well, xoB, to make it that much sweeter, she smiled while she did it.

[Clodfobble]

I think if she's basically admitted to having done this on purpose, you have a case. Do you know the email addresses of the Project Managers, or especially the person you filed the ethics complaint with? Presenting the evidence to them may be enough, you may not even have to spend money on a lawyer.

[garnet]

Originally Posted by Dagney

I think the term they used was "perform a separation".....

Like I was a mole on their ass or something.

Don't you love that gibberish that HR uses? Those people literally have their own language. I quit my last job after YEARS of bullshit. I gave them no notice, no nothing--I just called and said "I quit." A few minutes later HR calls me back to say that I have to submit my resignation in writing to them, and that I had to come in to sign some "paperwork." Screw that--I did nothing of the sort, and never heard another word about it. They can tell you you need to sign stuff, but it's usually stuff that benefits them, not you. Don't do it.

That really sucks, Dagney. Colorado is an "at will" state which basicly means an employee can be terminated at the employer's whim. I once worked at a fairly large public library system in this state where the library director was using public funds to purchase estate collections which he then "high-graded" for the most valuable books and disappeared them off to sell later in his OWN private business as an antiquitarian book dealer. We librarians who were subject specialists knew all about the director's little scam because it was our job to go through books as they came in and make the decision whether to add them to the library collection or set them aside for the yearly public booksale. Any book of any value always mysteriously vanished from the sorting shelves on the days the director stopped by for a visit. A good friend of mine became so outraged by this that he went before the library board of trustees and told them what was going on. The very day after the trustee's meeting my friend was fired. The director told the trustees that my friend had always been a problem employee with an ax to grind and that his statement to the board was a product of imagination and personal malice, nothing more. The trustees, disliking the thought of a public scandal, bought off on the director's fairy tale and took no action. Lucky for my friend, he quickly found another job because he was an outstanding librarian and everybody in the library world understood what had been going on (professional librarians are actually a pretty tight knit little group who freely exchange information about what's going on in their libraries). Three other librarians, including myself, quit in outrage for other jobs shortly there-after. Karma bit that library director in the a-- a few years later. He got a detached retina in one eye, and then the next. He is now almost blind. May the same thing happen to the jerks at your former place of employment. Good luck finding something better which I'm sure you will.

[zippyt]

AHH F**K th bastige's !!!!! Sounds like you didn't need to be working there any way !!!!! When they call asking for any info say " how much is it worth to you "????
Good luck in your job hunt !!!!!

[jdbutler]

I suggest talking to an employment rights law firm that specializes in discrimination and termination. Most law firms will offer an initial consultation free of charge and will let you know if you have legal standing to initiate a suit. Non-government employees may file a lawsuit to have his/her employment termination found to be wrongful. If sufficient cause is established, the inquiry into the employment termination will be closed and the termination completed. However, wrongful termination can result in an employer being held responsible for back wages with interest, reinstatement of employment, and often for punitive damages assessed as a deterrent to other employers. If your initial consultation suggests that you have a legal cause for action, some lawyers may take your case on a contingency fee basis.
You may also want to contact your area's Neighboorhood Legal Services to see if you qualify for free legal services. Good luck.

[lookout123]

ok, if you have recently filed a complaint of any type with the company and an individual who was a part of the complaint was involved in the decision to terminate you will be able to pick your lawyer because they will generally line up to take your case on a contingency basis. anything that even remotely appears to be retribution is a big no no. that is why, generally, if there are performance issues after a whiste blowing event, the managers in question would not be involved with the disciplinary action.

most major companies require a 4 step process to terminate anyone outside of their probation period. each step has to have a minimum of 30 and a maximum of 60 days before it. the steps are 1) Verbal warning (stop what you are doing, here is how to get on the right track again. 2) if behavior continues, 30 days later = written warning. 3) if it still persists, final written warning. 4) if you just keep going down the path Termination.

That is a 120 day process that requires very careful documentation on the part of the supervisor with signoff from HR along the way. written warnings have to have your signature acknowledgin receipt. these MUST be kept in personnel file.

The exception is if you are found guilty of fraud or flagrant violation of company policy which may have opened them up to a lawsuit.

If this wasn't the case then i would recommend not speaking to your previous employer, but contacting a couple of attorneys to hear what they say and go from there.

but from what you have told us i would say you have a good case. i know that if i was in their shoes i wouldn't even go to court over it. there will be depositions and they will call you names, but they will settle for $$$$$$ to keep their name from the front page.