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dis
 
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I was fired injustly, is there anything I can do about it?

A little background, I was in charge of the banquet bars and liquor room at a big hotel. We got a new Food and Beverage Director, he starting flexing his muscle right off the bat. We never had any problems, but I could tell he didn't like me.
On Saturday, he saw me in the halls, and asked "Did you bring beer to the bar?" At the time, there were 2 banquet bars going on and I was helping out in the lounge because they were undermanned, I asked him "What bar?" He then began yelling at me for giving him a "smart" answer and having an attitude all day. It was the first time we exchanged more than a word all day. He threatened to send me home if I gave him an attitude again. Instead of causing a scene, I just walked away. About half an hour later, I approached him and asked him to sit down and meet with me and the human resources guy, he said no, he was too busy. I said we needed to do it as some point, the words weren't even out of my mouth and he turned on me and told me to go home. While I was getting my coat he came up to me, took my keys and told me I was suspended and that I'll never work there again.

Yesterday, I heard from human resources that I was "terminated for insubordination." I've got people telling me left and right that I can sue, but before I make any moves, I'd like to get as much advice as possible. Any of you ever deal with a situation like this?
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Old 01-22-2010, 06:21 AM dis is offline  
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Artesial
 
Depends on your state. In Florida I could be fired out of the blue and I couldn't do anything about it.
Old 01-22-2010, 06:27 AM Artesial is offline  
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Electrikfuzz050
 
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Call a lawyer. A lot will do free consultations in a case like this.
Old 01-22-2010, 06:48 AM Electrikfuzz050 is offline  
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Coqui
 
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Rhode Island is an at will state. He could have fired you for not farting on his face if he wanted to.
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Old 01-22-2010, 06:55 AM Coqui is offline  
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dis
 
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Yeah, that's what I thought. Damnit.
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Old 01-22-2010, 07:22 AM dis is offline  
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Lurker
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WOW. So much for the human rights department doing their job.
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Old 01-22-2010, 08:15 AM Lurker is offline  
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acidfast7
 
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WOW. So much for the human rights department doing their job.

HR always sides with the person/people remaining employed, which, in turn, reduces exposure to lawsuits, which, in turn, saves the company money, which, in turn, keeps the HR people employed. Never trust HR.
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Old 01-22-2010, 08:17 AM acidfast7 is offline  
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Zangmonkey
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Unless you have sufficient evidence that you were fired based on a qualifying discrimination such us:
age, gender, martial status, sexual orientation or race

you probably have no case unless you were also treated with criminal malice.
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Old 01-22-2010, 08:22 AM Zangmonkey is offline  
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illig
 
Best thing is to draw unemployment. They'll have to pay it and you'll get free money.
Old 01-22-2010, 08:28 AM illig is offline  
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wilse
 
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absolutely nothing you can do about it
at-will state
try to collect unemployment and start searching for a new opportunity
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Old 01-22-2010, 09:29 AM wilse is offline  
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cokezeroholic
 
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Sue?

Whatever. Go to the human resources department again and have a meeting, but this time see if you can get the general manager in on it.
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Old 01-22-2010, 09:38 AM cokezeroholic is offline  
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brfatal
 
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Quote:
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Best thing is to draw unemployment. They'll have to pay it and you'll get free money.

Quote:
Originally Posted by wilse View Post
absolutely nothing you can do about it
at-will state
try to collect unemployment and start searching for a new opportunity

If you're fired (esp on behavioral grounds) you don't get unemployment.

I know this because my last employer lied about why I don't work there anymore so they wouldn't have to pay into an unemployment account for me.
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Old 01-22-2010, 09:46 AM brfatal is offline  
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wilse
 
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If you're fired (esp on behavioral grounds) you don't get unemployment.

I know this because my last employer lied about why I don't work there anymore so they wouldn't have to pay into an unemployment account for me.

that's why i said try to collect unemployment
he'll file for unemployment, and the employer will have a chance to contest the payments

usually, if the employer wants to contest the unemployment payments
on the grounds of a behavior-based firing
they have to be able to prove a pattern of bad behavior
with documented writeups, incidents, manager reviews...

this is the case specifically to prevent employers in at-will states who need to lay off employees
from just "firing" them for "behavior" in order to prevent their unemployment insurance payments from going up
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Old 01-22-2010, 10:35 AM wilse is offline  
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pepperochini
 
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that's why i said try to collect unemployment
he'll file for unemployment, and the employer will have a chance to contest the payments

usually, if the employer wants to contest the unemployment payments
on the grounds of a behavior-based firing
they have to be able to prove a pattern of bad behavior
with documented writeups, incidents, manager reviews...

this is the case specifically to prevent employers in at-will states who need to lay off employees
from just "firing" them for "behavior" in order to prevent their unemployment insurance payments from going up

+1. I would go back and take a dump on his desk b/c you're SOL. Chances are he will make up BS when you try to file or unemployment and you will not get jack'shizzle. Start hunting for a new job.

Indeed.com

Good luck to you.
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Old 01-22-2010, 02:06 PM pepperochini is offline  
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Retardedchicken
 
Quote:
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If you're fired (esp on behavioral grounds) you don't get unemployment.

I know this because my last employer lied about why I don't work there anymore so they wouldn't have to pay into an unemployment account for me.

This is how my brother's last job went, however on two separate documents they changed the reason for the termination, so after appealing the unemployment decision, he cashed in.

Give unemployment a shot.
Old 01-23-2010, 12:38 PM Retardedchicken is offline  
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