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wrongfully terminated

by Barry
(salisbury nc)

i was an employee with a wholesale tire firm for 10yrs of that time for 9yrs and 11 months my former boss who was fired and none of us in the company was ever told why or what happened had always told us what he expected of us and if we took a day off once we completed our routes when we got close to out home terminal to call him and he would meet us so as to get our keys and paperwork but since his departure from the company they hired a new branch mgr and i needed a day off to see the dentist and wrote it on the calendar and the day before reminded the new mgr of this and he said yes i know to have a good day off and he would see me back when i came back to work with no mention of wanting or needing the company vehicle back well the day i was off and at the dentist the new mgr called my phone but my wife answered it and the new mgr was rude to her wanting his truck and she tryed to let him know i was at the dentist well upon returning back to work i was told my the new mgr we needed to talk thinking nothing about it we went into a office shut the door it was just me and him he proceeded to tell me i was being wrote up for keeping a company vehicle without prior approval from the mgr while he was reading what he ahd typed out i too was able to read what was written and i threw up my hands and said no i dissagree with what you stated in

your so called write up for i have never been wrote up with this company since i have been here and this was to be my 1 and only written warning anything else would end in termination once i had told him i would not sign it he began to say something i said no and before i could finish he accused me of not letting him talk and became rude loud and abusive and said i was insabordnate that to call my wife and go home i was terminated

So, I assume you're going to file for benefits and don't know whether you're going to collect, or you have already been denied and now want to know if an unemployment appeal is in order???

At this point, all I can tell you Barry is if this had happened to me .. and I were denied benefits .. I would indeed, file an appeal.

However, I don't know the details I would want to know about that conversation with your boss behind closed doors.

I cannot tell from just what you told me if you were actually being "insubordinate", or simply terminated from your job of ten years with no prior warnings or write-ups (which should always follow the rules in the employee handbook), or the new branch manager who may only think insubordination is anytime a subordinate disagrees with his assessment on the write-up".

I can tell you this about what I would of done at that moment .. I would of not just signed the write-up I would of counter documented .. even if that meant all I could put on the write-up was my signature .. and a note stating, "Please my attached statement regarding this incident".


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by: Anonymous

since i was in this job for 10years i was told by my uncle which owns his own business to list this company as a reference as they cant talk about what happened all they can do is give dates of employment is this true.

It's not what they have to do .. it's what they should do to avoid any possibility of giving you a reason to sue them if they say more .. than necessary.

In addition to the dates of employment they may also add whether your departure from work was "voluntary" or, "involuntary".

So reference or not .. your resume should probably just stick to the dates of employment.

more about that conversation behind closed doors
by: Anonymous

once termination was said at that point i saw nothing left to loose i told that mgr what my wife thought about him and he started talking about her which made me mad as hell and he is lucky i didnt whoop his you know what on the spot cause as i see it he doesnt know her and the 2 of us engaged in a flury of vulgar words at each other once i began to walk off he asked for the key to the truck i threw it at him and said to him i ought to kick you ass for what you said about my wife well she needed my last pay check stub and a letter from this mgr since she is filing for disabillity and in that letter she got he twisted and bent alot of things that didnt happen just to make himself out to look good and im sure he told all of this to the adjuster for my unemployment and is probley why i got denied but to me once i was terminated i was no longer his employeeand could say and do what i wanted since he was already being rude and hateful and when he terminated me there was no one present i have read there needs to be a whitness around before an employer can fire anyone is this true or just a general rule or guidline

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