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UNJUST DISSMISSAL?EMPLOYMENT AT WILL? Massachusetts

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Post  kookdeville79 Wed Oct 01, 2008 3:41 pm

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


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.)

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Post  JoeC (McGruff) Wed Oct 01, 2008 3:42 pm

What state?
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Post  kookdeville79 Wed Oct 01, 2008 3:46 pm

I live on nantucket island mass
Dan

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Post  JoeC (McGruff) Wed Oct 01, 2008 4:05 pm

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


Last edited by JoeC (McGruff) on Wed Oct 01, 2008 4:19 pm; edited 1 time in total
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Post  kookdeville79 Wed Oct 01, 2008 4:11 pm

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


Last edited by JoeC (McGruff) on Wed Oct 01, 2008 4:15 pm; edited 1 time in total (Reason for editing : Spelling punctuation)

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Post  JoeC (McGruff) Wed Oct 01, 2008 4:21 pm

First you have to find one that belives you have a case before fees are disscused.
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