He was a security supervisor at a chi-chi neighborhood. When he first got promoted he was promised a certain hourly wage after a month or two and was promised they would get him a cell phone. A few weeks later when my husband complained that there was still no cell phone, they promised him that he would get $50 a month towards his personal cell bill but that never happened either. Then several months ago, his bosses moved him to another position with no warning and no explanation. They called it a lateral move but he was really demoted. He was still getting supervisor pay but with fewer responsibilities so he decided to shut-up about it and load himself up with classes to finish his degree by December, which he could not have done as supervisor. Then last week he didn't get his usual direct deposit paycheck. When he asked about it, there was a computer glitch and the boss was overnighting checks (they are less that a 3 hour drive away) so we didn't get the check until Friday afternoon. Even though we deposited it, it would not post to our account until Monday so some of our bills were late. Then on Monday, the bank tried to verify funds with the company's bank so they could clear the check faster but the other bank did not verify funds so we are now overdrawn in our account and have overdraft fees and late penalties from two bills we are late on. Supposedly the check is supposed to clear in the morning but now we are talking almost a week late. The company says they will reimburse all the late fees but I don't believe them.
Then, the kicker, my husband found out on Monday that he was not on the schedule for next week. When he asked about it, the new supervisor told him there was an investigation and he wasn't allowed to say anything else. This guy used to be under my husband and my husband is the one who recommended him to be promoted and now he didn't even have the common courtesy to give my husband a heads-up. He was told that the bosses would be down to discuss it today. Of course my husband called the big bosses more than once to try and find out what the deal was but they would not return his calls. We talked about him just quitting but he knew he hadn’t done anything wrong so he decided to stay and find out what was going on. So finally today he and another guy were fired for supposedly making racial comments. My husband never made racial comments. Ever! He is the kindest, most tolerant soul in the world and he would never say anything to disrespect anyone like that. The boss wouldn't tell him who reported it or what my husband supposedly said but because of this report, he was fired.
There is no way he will get unemployment since he was fired for a reason, even if that reason was a lie. He is freaking out about getting hired by anyone else since it is very likely that this company will tell future employers why he was let go (which I know is illegal but try proving that) and they won't hire him. He may also have to quit school in order to work since it will be difficult for him to find someone who will work with his school schedule.
I am so frustrated! We have really worked hard for the past couple of months to get our finances in order and rebuild our credit. Now, in one week, this company has demolished that. I just don’t know how to handle this.
posted
I'm sorry to hear all this, it really sounds awful. I do want to tell you, though, that he will probably be able to get unemployment. If it's a his word against their's situation, there is an excellent chance the hearing will go in his favor, particularly since they didn't have an investigatory meeting with him giving him a chance to respond to the accusations.
Posts: 7954 | Registered: Mar 2004
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posted
It makes me mad when people do things like that.
I don't know much about this stuff but shouldn't your husband be allowed to know what his "racial comment" was?
Posts: 1164 | Registered: Feb 2006
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posted
The company sounds pretty shady about a lot of things. I would imagine that everything you just mentioned could be brought up to the unemployment offices. Heck, to me it almost sounds like grounds for a lawsuit, but I'm not a lawyer or anything. I would think that there would have had to have been something leading up to this before taking firing action.
Posts: 1412 | Registered: Oct 2005
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posted
This is from our local unemployement website.
quote:You must be unemployed or partially unemployed through no fault of your own to receive benefits. Examples of qualifying reasons are:
...
You were fired without work-related misconduct. Examples of misconduct are: a violation of company policy; violation of law; neglect or mismanagement of your position; or failure to perform your work acceptably if you are capable of doing so.
It goes on to say they will listen to both sides but I can't see them ruling in our favor in a case like this. He will certainly try but I know the company will fight it.
Incidently, they told the other guy what he said but they refused to tell my husband. Maybe since he didn't actually do anything wrong.
Posts: 1319 | Registered: Jul 2005
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posted
Is this legal? Maybe he should talk to a lawyer. Even if he can't win much, perhaps he can get severance pay or an agreement that his references won't mention the reason for his departure?
Posts: 1990 | Registered: Feb 2001
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posted
Don't sue for wrongful termination. My hubby did that once and the only person to win was his lawyer. The company even sent the tax information on his settlement late so he forgot to pay taxes on it. The IRS took all that he got in the settlement in taxes and penalties.
But DO protest at the unemployment office. If they don't have a paper trail I would think you'd have a good shot. Besides, he's got the time now, right?
posted
Mandy, I've seen them rule in favor of a woman who was fired for bringing a gun to work while she was in prison for being an accessory to murder. So I can see them ruling in your favor. Posts: 7954 | Registered: Mar 2004
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Thanks for the encouragement. My hubby just called from school and said he has a lead on a new job. The assistant to the teacher knows a guy who is hiring and got him on the phone. He will have a phone interview tonight. Pray or cross your fingers or something.
Posts: 1319 | Registered: Jul 2005
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posted
Ooooh, I wasn't clear. The unemployment hearing was while she was in prison. The bringing a gun to work happened before the crime. The firing happened while she was in jail waiting to be tried.
Anyway, hopefully he'll get a new job right away and it will be a moot point. Posts: 7954 | Registered: Mar 2004
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My husband lost his job 2 years ago from a security company. They took his supervisor off the site, saying they would give her another position. Then, the new supervisor - who had never been trained as a guard (she had experience as a convenience store manager) - started. She hired someone from her old store, and my husband trained the new person. Then, they took him off the schedule, saying he was rude to customers and employees.
He applied for unemployment and got it. (Much better than the last time he applied for unemployment because his company fired him for not being able to work because of his diabetes.)
Anyway, the whole thing sounds not right, and you should fight it. Good luck.
Posts: 2034 | Registered: Apr 2004
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posted
Ok after a night of thinking about all this, I think they were looking for an excuse to get rid of him. He was getting supervisor pay for regular employee work, plus as much overtime as he could squeeze out of him and they were tired of paying him. He was a good employee, never late, never called in, never slacked on the job, all of which the other employees did. I still can't figure out why he was demoted in the first place but I think they have had it out for him since then. With all their money issues they have this is my best guess, especially since he would never have said anything racial. The other guy did say what they accused him of so they just used it as an excuse to fire my husband as well. I also feel a little better about his chances for unemployment. They have no written policies that he could have supposedly violated, they have no written warnings against him, and they refused to give him any information about his accusation other than the fact that two people reported him and the other guy for racial slurs. They are based out of another city 3 hours away and are never on site so they have no idea what is going on. I do think we are going to take them to small claims court if they don't pay our late fees and the phone stuff they promised. Since the phone costs were verbally promised, I don't think we will win that but there is a paper trail on the late fees so we should be able to recoup those.
Anyway, it may not matter anyway. He has been trying to finish his certification in HVAC so he can be in a more stable career since in Texas, there is a huge demand for air conditioning. He enjoys helping people and working with his hands so this will be better for him than that lousy security job anyway. He already has decent leads on two jobs in HVAC now so hopefully something will come through for him. Thanks for all the support! I'll let you know if anything more happens.
Posts: 1319 | Registered: Jul 2005
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posted
The job interview went well. It is a family business and the owner sounds a lot like my husband. The pay is ok but it is only a part-time gig until he can get his EPA certification in a few months. That will be ok if he can still get unemployment (still a longshot even if he can collect benefits with a part-time job) or another part-time job like delivering pizzas or something.
Does anyone know if you can still get unemployment if you are only employed part-time as a contract worker?
Posts: 1319 | Registered: Jul 2005
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posted
As far as racist comments, some people count the most innocent things. My husband taught at a high school of like 90% Hispanic students. A student who was a trouble student came to his class without a note but claiming his teacher sent him. One of the kid's best friends was in the class so my husband didn't believe the kid was there with permission and told him to go get a note. The kid then argued for a long time and eventually claimed, "You just don't like me cause I am Mexican." In frustration, my husband, replied. "No, I don't like you cause you're a bad, trouble making Mexican. If you behaved I would have no problem." My husband was written up for making racist comments. While it perhaps wasn't the best response, the racist part eludes me.
posted
Hubby talked to the VA guy at the unemployment office this week and we are feeling much better. He told us that this situation is not unusual and that normally 7 out of 10 people still get their benefits after an investigation. The burden of proof is on the employer to prove the allegations were true and it must be presented to the employee in writing. They have giving my hubby nothing in writing ever. The bad news is that if the company fights it, the investigation could take months and we get no money in the meantime.
Also we have reconsidered the idea of going to a lawyer. We are planning to ask them to rescend the firing and allow my husband to resign instead so it will look better on his job record, which is all we care about. He doesn't want the job back but he doesn't want to be accused of something he didn't do, especially since they won't tell him what the supposed racial comment even was.
In addition to that, they still have not paid him a last paycheck or any of the money they owe us. When my husband has gotten a reply from them, they always say "tomorrow" but now they have just stopped taking his calls or replying to their email. They legally have until Friday (6 days after the separation of employment according to the Texas Labor Law site) but on Monday morning, we are filing a complaint with the state for unpaid wages and a small claims suit against the company.
My husband does have a few job leads and he is still applying everyday. I am hoping he gets something easy, possibly in retail (not saying all retail is easy) so he can finish school. He is almost through and he is not willing to drop classes for a new work schedule. Anyway, thanks for everyone's support. I love Hatrack! Posts: 1319 | Registered: Jul 2005
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