Fired from my job of 14 years (Falls Creek: 2009, lease, insurance)

[Internet Superman]

My opinion is that you did not live up to their expectations and they had to let you go. If they gave you raises and bonuses - then you were over qualified.

A long time ago a machine shop gave me a job running machines in their shop. I did not have one set machine that I ran, I ran most every machine in the shop at one time or another and they could move me from one machine to another with no notice.

One day my employer asked me if I could start to put in more hours.

I was making $8.50 a hour and I had a small child at home and I told them that I rode to work with my dad and his name was Larry and my name is Jerry. My dad worked 40 hours a week and went home. Unless there was something that was urgent, he left every day at 3:30 and that was my ride.

Well to make a long story short, the machine shop felt that if the machine was there and the work was there that I should be there also. The machine does not produce any work if no one is there to run it and my benefits are paid as per the first 40 hours of work and everything after that is just a bonus for them.

They expect you to be there the first 40 hours, that is how they make their money. If you work more then 40 hours a week, then it does not cost them anything more for your benefits.

There is nothing written that says that they have to let you come and go as you please and there is nothing so urgent that you cannot take 8 hours a day out of your life to work for them. If you think that you need to be home with your family, then get in your car and leave, because in a economy where there is a lot of people who are out of work and probably is willing to work for less money then they paid you - there is no reason for them to keep you around. Either you perform or you go home.

If you have to pay a babysitter or a family member to take care of your obligations, then that is what most of us has to do. If you think that they owe you something - then you are sadly mistaken.

You will not win your case when there is 12,000 other people standing in line to fill your position the moment you leave and labor relations has better things to do then to have a hearing for someone that was not willing to work.

With less then 40 hours a week, I would almost be doubtful if you will even get unemployment compensation.

[marchar]

I guess you didn't read all the posts. I'm getting unemployment because the company I worked for had NO proof that I was not doing my JOB. There for I am intitled to collect. And as far as the partime hours, If my boss told me that in July that it could cost me my job, do you think I would not try to find a way to work the extra hours. It's hard to get some one to watch my mother that had problems stemming from brain surgery.

[wigirl920]

This is not a personal attack so please don't take it that way...but the simple fact is that you made a choice when you said no to full-time status based on factors in your life, so what is so wrong with them making a choice to let you go based on whatever factors they used? You weren't able to give them what they wanted so you certainly shouldn't expect them to give you what you want. It's a give and take relationship.

Look, it sucks to have lost your job - no denying that. But like you said...you get to collect because they had no proof. That's a good thing! You have two choices. You can take the high road, chalk it up to a life experience, ask for a letter of recommendation, find a new job and move on. OR you can try to go after them, really tick them off and if you can't manage to win a judgment against them...you're stuck with having wasted your time, your money and you can darn well bet that you won't get a good recommendation. Even if you won a case against them, the bridge has still been burned.

If you do decide to go after them, give it plenty of thought. Have the company policy, including all of the PIP stuff, with you. Be sure you have all of your Ts crossed and your Is dotted. Ensure that you have plenty of documentation about your boss "being selective about who he writes up." Do NOT base it on assumptions. You will need solid proof. Is there anything in the company policy or any memos, etc that say you need to maintain a certain level of performance in order to keep your job? You also need to decide if it is truly worth the time, money, effort and stress to go after them. Be prepared to shell out some serious cash because there's nothing simple, cheap or quick about doing something like this.

I noticed that you said you were "contracted" to work part-time. That may be a factor as the laws are different if you are an independent contractor versus a regular employee. And I'm afraid to say, being a contractor would probably not work in your favor if you were to pursue it.

Anyway, I truly do wish you the best of luck. Keep your head up and think positive. Believe that things happen for a reason... :-)

[wanneroo]

Originally Posted by marchar

I guess you didn't read all the posts. I'm getting unemployment because the company I worked for had NO proof that I was not doing my JOB. There for I am intitled to collect. And as far as the partime hours, If my boss told me that in July that it could cost me my job, do you think I would not try to find a way to work the extra hours. It's hard to get some one to watch my mother that had problems stemming from brain surgery.

Why come back and ask you again as you already said no to extra hours?

They probably started looking at a replacement then.

I'd collect your unemployment and move on with another job.

Some employers do check your previous employment history so after 14 years I'd play nice, get a good recommendation and move on.

Pretty simple really.

It is irrelevant whether or not in your opinion you were doing your job. Clearly for whatever their reasons were they didn't need you anymore. Trying to fight them over it is a waste of time in my IMHO.

Me I don't want to be anywhere I'm not wanted anyways so why bother?

[Hopes]

Whether you qualify for unemployment or have a case to sue are two different things.

Unless you can prove that they were selective based on what's protected by the EEOC (race, sex, age, etc.), you don't have a case.

If your employer fired you when you were such a good deal for them (lowest paid, no benefits), then you really need to start looking inside yourself. Your employer weighed those points and still fired you. They clearly didn't think they had it made with you.

wanneroo brings up a good point. Fourteen years is significant enough that you will need your employer for a reference. You shoudn't burn bridges. If I were in your situation, I would have negotiated a written letter of recommendation at the meeting when I was informed I was being let go.

Being fired is an OMG moment in life when you need to keep your head together to negotiate the best possible outcome.

As for my not knowing unless I've been in sales with no leads due to the company cutting back on advertising, I'm fully aware from the other end of the deal. ALL COMPANIES ARE CUTTING BACK ON ADVERTISING! We fired our top producer this year even though he was still selling with no leads. Why? He was so annoying. We just couldn't stand employing him anymore. Sure, he got unemployment. We certainly didn't even fight that. (Paying his unemployment was a small price to pay for being relieved of him.) However, he definitely did not have any grounds to sue the company.

Employment is at will in Pennsylvania. Unless your contract states otherwise, you dont' likely have grounds.

[PeeAye Native]

To correct something said in the first post, PA is not a right to work state, definitely not.

You might be mixing this up, 'right to work' means even though a union is designated as the exclusive agent and representative for a group of employees in a job environment, you as an employee cannot be required to pay dues in order to get or keep a job. In PA, you do not have this right, and you may be required to join a union, or to simply pay the dues or fees, in order to get or keep a job. And it sounds like union representation might have helped in your case, in that more senior, in length of sevrice, and therefore in pay also, are the last ones to be let go.

[ScranBarre]

Wow! Not a lot of sympathy from folks on this forum with the "10 billion other people would do your job so step aside" types of remarks. Marchar, as someone who grew up near Clarks Summit I wish you nothing but the best! The horrible job market drove me out of NEPA, and hopefully it won't be doing the same to you as well. Sadly employers most often care more about their bottom lines than about the well-being of employees and their community.

[wanneroo]

Originally Posted by ScranBarre

Wow! Not a lot of sympathy from folks on this forum with the "10 billion other people would do your job so step aside" types of remarks. Marchar, as someone who grew up near Clarks Summit I wish you nothing but the best! The horrible job market drove me out of NEPA, and hopefully it won't be doing the same to you as well. Sadly employers most often care more about their bottom lines than about the well-being of employees and their community.

Well if they don't care about their bottom lines and productivity they go out of business then no one has a job.

I know quite a few businesses right now that are under financial pressure due to loss of business and unfortunately they have to let employees go and keep their most productive ones. Sad, but you do what you have to stay in business. They can't write paychecks out with no money in the bank.

A lot of people look at losing a job as a personal slight when most often it isn't. Really they are doing you a favor and it's your chance to grow as a person and move on. Who really wants to sit at the same desk for 50 years?

People have to stop viewing businesses as a welfare agency for paychecks. It isn't. Nothing lasts forever and capitalism has different outcomes for everyone. It's really up to you to make the most of it. Or not.

[scottrpriester]

Originally Posted by marchar

I was fired from a job of 14 years. This is a very common thing these days. I have been going through the different fhases, upset, worried and now mad. I have been wondering why after this many years and nothing in my personel file I was fired for my productivity? I was never told that my work performance was not up to par nor was I couched. My understanding is my company had a PIP (performance Improvement Plan) This is to happen once your performance is not up to plan. Once you are given a PIP you are then coached to help with your productivity. This never happened. Also in July of this year I was asked if I would consider going full time. I have been working part time since I started with this company. My family life does not allow me to work full time. I had to decline and my boss was not upset but when I was fired this was also brought up. Does any one know if I have any case against my employer? I know PA is a right to work state and they could fire me for anything they want but if they have policies and they are not followed is this right?

Need some advice....

First of all, I feel very bad for you, and wish you the best of luck.

Second of all, I, despite the others, agree with others who have encouraged you to get a lawyer. "Firing" you with out following any disciplinary procedure is very suspect to me.

[wigirl920]

Originally Posted by ScranBarre

Wow! Not a lot of sympathy from folks on this forum with the "10 billion other people would do your job so step aside" types of remarks. Marchar, as someone who grew up near Clarks Summit I wish you nothing but the best! The horrible job market drove me out of NEPA, and hopefully it won't be doing the same to you as well. Sadly employers most often care more about their bottom lines than about the well-being of employees and their community.

But if they don't pay attention to their bottom lines, their business may end up closing and people lose their jobs. How is that helping the community?