UNJUST DISSMISSAL?EMPLOYMENT AT WILL? Massachusetts
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UNJUST DISSMISSAL?EMPLOYMENT AT WILL? Massachusetts
Hi everyone I am Dan. One month ago I received what they call a disciplinary action form stating that my van was dirty. The thing is that ;5 months ago when I started, I was given that van dirty, and no one inspected it ,or made me sign anything I was hopping on a clean van or I am responsible for this and that.
The DAF states that the dirty van, and the paperwork are the reason I am being reprimanded for, and that I was going to get a review the 18th, to see if I improved. Otherwise they could terminate my employment. Not to mention I did everything I could to clean a van that was given to me dirty.
Yesterday the 30th I got sat down and let go because of that .They call themselves an “at-will” employment company and they claim they can let me go like that. Another thing is that their policy says you need 3 DAFs to get fired, and I was only give one? Is there anything I can do?
They left me high and dry, I have a 6 year old son to support.
Dan
The DAF states that the dirty van, and the paperwork are the reason I am being reprimanded for, and that I was going to get a review the 18th, to see if I improved. Otherwise they could terminate my employment. Not to mention I did everything I could to clean a van that was given to me dirty.
Yesterday the 30th I got sat down and let go because of that .They call themselves an “at-will” employment company and they claim they can let me go like that. Another thing is that their policy says you need 3 DAFs to get fired, and I was only give one? Is there anything I can do?
They left me high and dry, I have a 6 year old son to support.
Dan
Last edited by JoeC (McGruff) on Wed Oct 01, 2008 4:10 pm; edited 4 times in total (Reason for editing : Terrible spelling and punctuation Insert state.)
kookdeville79- Posts : 3
Join date : 2008-10-01
Re: UNJUST DISSMISSAL?EMPLOYMENT AT WILL? Massachusetts
What state?
JoeC
JoeC
JoeC (McGruff)- Admin
- Posts : 705
Join date : 2008-08-31
Location : Seattle Wa
Re: UNJUST DISSMISSAL?EMPLOYMENT AT WILL? Massachusetts
Contact an attorney to see if the three D.A.F rule gives rise to an implied contract theory. Massachusetts courts have recognized that employment contracts may contain an implied covenant of good faith and fair dealing and that a termination not made in good faith constitutes a breach of the contract.
The good faith and fair dealing exception, however, has been narrowly construed to apply only where employers would unjustly benefit financially by terminating an employee to deprive him or her of compensation for past services. Also file for Unemployment Insurance.
JoeC
The good faith and fair dealing exception, however, has been narrowly construed to apply only where employers would unjustly benefit financially by terminating an employee to deprive him or her of compensation for past services. Also file for Unemployment Insurance.
JoeC
Last edited by JoeC (McGruff) on Wed Oct 01, 2008 4:19 pm; edited 1 time in total
JoeC (McGruff)- Admin
- Posts : 705
Join date : 2008-08-31
Location : Seattle Wa
Re: UNJUST DISSMISSAL?EMPLOYMENT AT WILL? Massachusetts
OK I will try to find one that will not empty out my account, but if I can get my job back it would be worth it
thanks
Dan
thanks
Dan
Last edited by JoeC (McGruff) on Wed Oct 01, 2008 4:15 pm; edited 1 time in total (Reason for editing : Spelling punctuation)
kookdeville79- Posts : 3
Join date : 2008-10-01
Re: UNJUST DISSMISSAL?EMPLOYMENT AT WILL? Massachusetts
First you have to find one that belives you have a case before fees are disscused.
JoeC
JoeC
JoeC (McGruff)- Admin
- Posts : 705
Join date : 2008-08-31
Location : Seattle Wa
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