Is this wrongful termination? Florida

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Is this wrongful termination? Florida

Post  ankylos on Mon Aug 10, 2009 1:49 pm

Long story short,
Its a union shop and we(the employees) and the company are governed by a set of rules and policies in a labor contract. I told my immediate supervisor that I wasn't going to do something (which many of us do as an empty threat to indicate we're upset at something which we eventually do anyway). He went to get his boss (the shift supervisor). I got into an argument with him and he told me to leave. "I'm telling you to leave the company premises!" I have a witness (my signed statement from her and the one she provided to the company from that morning agree) that heard him tell me that. All discipline must be done in a closed office with representation for both management and bargaining unit employees. I found out that he informed his boss (the business manager) that I had walked off the job. I came in the next day and he (the shift supervisor) asked me what I was doing. I told him, my job. He then said I thought I made it clear yesterday that if you leave you were abandoning your job. I was shocked as he told me no such thing. He told me to leave again.
The next day the business manager (top manager at our location) fired me for gross insubordination AND job abandonment. While I was insubordinate, I don't think it was gross and certainly didn't deserve termination. I most definitely did NOT quit. They always ask someone to sign separation papers when they quit (it happens a lot). They never asked me to sign anything. When he told me to leave the first day, I grabbed my stuff and headed out but he told me I needed to punch out on the time clock, so I did. If I had quit why didn't he also ask me to sign separation papers since he told me to punch out? Any thoughts would be greatly appreciated because I feel I'm being violated. I've never been written up for insubordination.
On a side, the shift supervisor used to be the business manager. He was moved to another center and demoted. After a while, he came back to our center as this shift's supervisor. When he was the business manager, he had fired me for an accident in a company vehicle from which the union was able to get my job back.

In a nutshell......

He told me to leave.
He told his boss I walked out.
His boss fired me for walking out.

And this is ok?

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Re: Is this wrongful termination? Florida

Post  JoeC (McGruff) on Mon Aug 10, 2009 1:55 pm

Have you contacted your shop steward or business agent yet? Typically there has to be an investigation of some kind before they can terminate you. What does your contract rules say in regards to discipline? Also have you filed for Unemployment compensation?

Even though there is a Union in place you can not refuse to do work (unless it is unsafe) what was the reason for the refusal to work?
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Re: Is this wrongful termination? Florida

Post  ankylos on Mon Aug 10, 2009 2:30 pm

The union is trying to get my job back. In my experience, all discipline in my shop is done behind closed doors with a representative present for both parties. He ordered me to leave from my work position with no union representative present. My refusal was based upon a previous experience where they had done the same thing before and the result was a serious safety issue in my opinion. In the previous experience, the extra work had caused my entire work area to become stacked with packages resulting in completely blocking half the ingress or egress to my area. While I tried to explain this, I was not given the chance. The supervisor that ordered me off the premises never gave me an opportunity to explain my problem. He merely became extremely overbearing and threatening.

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Re: Is this wrongful termination? Florida

Post  JoeC (McGruff) on Mon Aug 10, 2009 2:38 pm

You understand this whole thing will revolve around your refusal to work (Quite), every thing after the point of the refusal to work is a matter of perspective.
This is the employers position in a nutshell:

1. Told employee to work.

2. Employee refused (quit).

3. Told employee to work or clock out.

4. Employee clocked out (quit).

5. Told other employee to do the job, other employee did it with out injury or incident.

Tough case the shop stewart will have a tough time on this one.
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Note: Here is something funny some lame on a sham site made hay because I wrote stewart instead of steward only a lame would search all these posts for a typo like that. Thats probably the only time I ever typo-ed that word.


Last edited by JoeC (McGruff) on Wed Apr 07, 2010 5:48 am; edited 1 time in total
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Re: Is this wrongful termination? Florida

Post  ankylos on Mon Aug 10, 2009 3:47 pm

I actually kept working up until he told me to leave. The refusal was verbal and regarding only the contested work.

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Re: Is this wrongful termination? Florida

Post  JoeC (McGruff) on Mon Aug 10, 2009 11:35 pm

Its still tough if it goes to arbitration could go either way. Hopefully it wont and the steward can get you your job back.
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Re: Is this wrongful termination? Florida

Post  Squills on Tue Apr 06, 2010 4:22 am

I dont know if this will help you much, But I know it help me once, but is dependent on what YOU have told them?

We had a work order system (but it never was used) so when i had a meeting with union presedent and HR, I brought up "Can you show me the work order for this job" and of course they could not, so I then followed up with "exactly, so I thought you were just giving me a heads up and when you wanted it done you were going to put a work order in" and next thing i know you were yelling at me (which i was not sure why), which made me feel threaten, you told me to leave and i did.

Though my problem was a little differnt as they told me to do something and i did not do it all, just a little.

Maybe something in this post can be useful to you Very Happy
cheers
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Re: Is this wrongful termination? Florida

Post  JoeC (McGruff) on Tue Apr 06, 2010 4:36 am

Squills welcome aboard! I don't know how this poster made out in his predicament.
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