possible wronful term? Louisiana
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possible wronful term? Louisiana
I work part time for a courier company and I was terminated, “for not doing my job.”
I was asked to drive a semi-truck, without me being properly certified, I’ve done it in the past only because of fear of losing my job, but today when I refused to do so by stating, “ I am Not certified to drive a semi-truck, on top of that I don’t get paid extra?”
The dialogue is similar to the one that follows:
The manager replied that he was tired of “my smart-*** remarks,” and said you’re fired!
I asked if I was being fired for not moving the trailer?, even though I’m not certified to do so?
He replied, “Yep, I don’t care what I tell you to do, you have to do it.”
I stated it’s not right for you to fire me, because I don’t want to do something I’m not certified to do. I asked could you give me that in writing; that your firing me because I don’t want to drive the semi-truck that I’m not certified to drive?
He replied I, “ I don’t have to give you **** in writing, you can call HR, the senior manger about it, I don’t have to give you anything.”
I asked again and he repeated a similar response.
I apologize for the use of harsh language, but I wanted to give as much prospective as possible while being brief.
My questions are:
Is this legal?
What should I do next?
Should I seek legal help?
Shouldn’t have gotten a written statement?
Thank you
I was asked to drive a semi-truck, without me being properly certified, I’ve done it in the past only because of fear of losing my job, but today when I refused to do so by stating, “ I am Not certified to drive a semi-truck, on top of that I don’t get paid extra?”
The dialogue is similar to the one that follows:
The manager replied that he was tired of “my smart-*** remarks,” and said you’re fired!
I asked if I was being fired for not moving the trailer?, even though I’m not certified to do so?
He replied, “Yep, I don’t care what I tell you to do, you have to do it.”
I stated it’s not right for you to fire me, because I don’t want to do something I’m not certified to do. I asked could you give me that in writing; that your firing me because I don’t want to drive the semi-truck that I’m not certified to drive?
He replied I, “ I don’t have to give you **** in writing, you can call HR, the senior manger about it, I don’t have to give you anything.”
I asked again and he repeated a similar response.
I apologize for the use of harsh language, but I wanted to give as much prospective as possible while being brief.
My questions are:
Is this legal?
What should I do next?
Should I seek legal help?
Shouldn’t have gotten a written statement?
Thank you
sol_sacario- Posts : 1
Join date : 2008-12-06
Re: possible wronful term? Louisiana
Is this legal?
No
What should I do next?
Contact an attorney. Study these :Jones v. Physicians Mut. Ins. Co., 2000 WL 1154615 (E.D. La. 2000); Page v.Grambling State University, 722 So. 2d 329, 131 Ed. Law Rep. 866 (La. Ct. App.
2d Cir. 1998); but see Tolliver v. Concordia Waterworks Dist. No. 1, 735 So.
2d 680 (La. Ct. App. 3d Cir. 1999), writ denied, 747 So. 2d 23 (La. 1999)
Should I seek legal help?
Yes
Shouldn’t have gotten a written statement?
It would have been nice.
Although the presumption favoring at-will employment provides an employer with considerable latitude to hire and fire, the courts have carved out certain exceptions to the doctrine, permitting an action for wrongful dismissal to be brought under limited circumstances.
One of these exceptions is triggered when an employer's termination decision conflicts with some fundamental public policy of the state. In such a case, the courts have said, the employer should not be allowed to benefit,and the employee to suffer, because of the employer's violation of an important public policy.
JoeC
No
What should I do next?
Contact an attorney. Study these :Jones v. Physicians Mut. Ins. Co., 2000 WL 1154615 (E.D. La. 2000); Page v.Grambling State University, 722 So. 2d 329, 131 Ed. Law Rep. 866 (La. Ct. App.
2d Cir. 1998); but see Tolliver v. Concordia Waterworks Dist. No. 1, 735 So.
2d 680 (La. Ct. App. 3d Cir. 1999), writ denied, 747 So. 2d 23 (La. 1999)
Should I seek legal help?
Yes
Shouldn’t have gotten a written statement?
It would have been nice.
Although the presumption favoring at-will employment provides an employer with considerable latitude to hire and fire, the courts have carved out certain exceptions to the doctrine, permitting an action for wrongful dismissal to be brought under limited circumstances.
One of these exceptions is triggered when an employer's termination decision conflicts with some fundamental public policy of the state. In such a case, the courts have said, the employer should not be allowed to benefit,and the employee to suffer, because of the employer's violation of an important public policy.
JoeC
JoeC (McGruff)- Admin
- Posts : 705
Join date : 2008-08-31
Location : Seattle Wa
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