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Old 12-22-2013, 02:00 PM
 
473 posts, read 646,393 times
Reputation: 402

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Quote:
Originally Posted by mtnbiker65 View Post
The wrongful termination comes into play because the company had a progressive disciplinary policy and they failed to follow that policy. They went from a non-disciplinary counseling session to termination eight months later. There was no verbal or written warnings, no PIP, nothing. In short, the company failed to follow its own policy.

The wrongful termination is neither here nor there. I'm not interested in pursuing the case. I just want a job. What I don't want is for this termination to hinder my future career prospects my entire life.
I don't want to get too far off topic, but in many states, employers can discharge employees for any reason that isn't legally prohibited. While your argument is a great one for winning an unemployment benefits claim, it likely won't win you a settlement or a right to return to your job. While you are expected to follow a company's policies, they are not usually bound by the unless under a contract.
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Old 12-23-2013, 11:39 PM
 
3,279 posts, read 6,620,619 times
Reputation: 8308
Quote:
Originally Posted by 85rx-7gsl-se View Post
If you work in a state that does not require for cause termination, you did not have a contract, and you did not get fired for being in a protected class or engaging in protected activities, I don't see how you will when a wrongful discharge lawsuit. Now if one of those factors varies, maybe you have something to go with. My policy is still honesty is the best policy.
Honesty will make you long-term unemployed, or at best you might get a job at the local McD's. You can forget trying to get another job in your field if you admit to being fired. They'll just go with someone else who has not been fired.

If it were me, I would invent a job at a fictitious company and use a friend as a "reference" for the time that I spent working at the job I was fired from. If no friend is willing to do it, there are websites that will charge you a couple hundred bucks to act as your "reference."

Morals and ethics are nice, but food and a roof over my head come first.
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Old 12-24-2013, 12:30 AM
 
6,560 posts, read 3,110,130 times
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Usually, I am on the side of honesty. However, to be really honest, you would have to say your employers were idiots and that's usually not a good idea.

A company policy requiring coworkers to trust each other? Huh lol. What exactly would the PIP you didn't receive have been. Get therapy for your trust issues? Please. Hold hands daily and sing kumbaya my lord? Conduct your own trustbuilding exercises?

Unless conflict with your coworkers is an ongoing/chronic issue for you, I give you a pass to say you were laid off.

Just wondering though, for those who think he should be honest, what exactly should he say?
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Old 12-24-2013, 08:47 AM
 
1,500 posts, read 2,362,903 times
Reputation: 3571
Quote:
Originally Posted by mtnbiker65 View Post
The wrongful termination comes into play because the company had a progressive disciplinary policy and they failed to follow that policy. They went from a non-disciplinary counseling session to termination eight months later. There was no verbal or written warnings, no PIP, nothing. In short, the company failed to follow its own policy.
I'm sure the policy is written to allow flexibility. We have a traditional policy that says verbal counseling, then PIP, then termination. But it allows for someone to be walked right out the door if HR agrees, such as threats of violence, theft, showing up under the influence, etc. It doesn't sound like you did any of those egregious things, but I'm sure the policy, on close read, has an escape clause/CYA built in for them.
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Old 12-24-2013, 09:09 AM
 
473 posts, read 646,393 times
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Quote:
Originally Posted by statisticsnerd View Post
Honesty will make you long-term unemployed, or at best you might get a job at the local McD's. You can forget trying to get another job in your field if you admit to being fired. They'll just go with someone else who has not been fired.

If it were me, I would invent a job at a fictitious company and use a friend as a "reference" for the time that I spent working at the job I was fired from. If no friend is willing to do it, there are websites that will charge you a couple hundred bucks to act as your "reference."

Morals and ethics are nice, but food and a roof over my head come first.
Everyone has standards in life. Sounds like yours and mine differ
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Old 12-24-2013, 11:23 AM
 
Location: Maine
193 posts, read 226,207 times
Reputation: 479
Quote:
Originally Posted by Blondy View Post
Usually, I am on the side of honesty. However, to be really honest, you would have to say your employers were idiots and that's usually not a good idea.

A company policy requiring coworkers to trust each other? Huh lol. What exactly would the PIP you didn't receive have been. Get therapy for your trust issues? Please. Hold hands daily and sing kumbaya my lord? Conduct your own trustbuilding exercises?

Unless conflict with your coworkers is an ongoing/chronic issue for you, I give you a pass to say you were laid off.

Just wondering though, for those who think he should be honest, what exactly should he say?

Thank you, Blondy. The biggest issue I had WAS with trusting this one person. Since I've been unable to really formulate a good response to being let go due to trust issues with one person, I did opt to tell the truth and let the chips fall where they may. For me, it's so much easier to just tell the truth, to be up front, than it is to try to weasel out an answer based on false implications. For that reason, I could never succeed in a sales position where I did not believe in the product or service being sold. My answer was to say that my employment came to and end because the conditions of employment changed such that I was unable to respond to citing a lack of training and experience in the updated areas. We'll see. The interview is coming shortly. We'll see how that works out.
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Old 12-24-2013, 11:26 AM
 
Location: Maine
193 posts, read 226,207 times
Reputation: 479
Quote:
Originally Posted by yellowbelle View Post
I'm sure the policy is written to allow flexibility. We have a traditional policy that says verbal counseling, then PIP, then termination. But it allows for someone to be walked right out the door if HR agrees, such as threats of violence, theft, showing up under the influence, etc. It doesn't sound like you did any of those egregious things, but I'm sure the policy, on close read, has an escape clause/CYA built in for them.
I believe you're right. There likely was an escape clause in there, somewhere. When I was walked out the door, I lost access to the employee handbook as it was all electronic. However, that's neither here nor there. I have no intent of suing for wrongful termination. I just want to move on with my life and maybe find a career that is more meaningful than the one I was recently booted out or.
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Old 12-24-2013, 11:59 AM
 
53 posts, read 73,937 times
Reputation: 63
I recommend conveying the truth that you were dismissed from your past job and not given a reason. This typically will not preclude you from being hired if you meet the qualifications for a new job and impress the interviewer. In fact, I've know several business owners who would not hire people who unless they had been fired before.
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Old 12-24-2013, 09:34 PM
 
1,500 posts, read 2,362,903 times
Reputation: 3571
Quote:
Originally Posted by mtnbiker65 View Post
However, that's neither here nor there. I have no intent of suing for wrongful termination. I just want to move on with my life and maybe find a career that is more meaningful than the one I was recently booted out or.
Commendable. Kudos for moving on in a positive way. Go with laid off, let the rest sort itself in the wash. All the best to you, Biker.
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