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Old 02-25-2009, 06:40 AM
 
40 posts, read 128,825 times
Reputation: 35

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When I lost my last job, my manager wanted to show me who was boss and decided that he needed to call security after I was fired. He called me into the office and told me that it was "not a good fit" I told him it was a shock to me because I had never received a warning oral or written about my performance. He said my performance was fine but it was just not a good fit culturally. I pressed him but got no where, he froze up.

Then there was a knock on the door and a armed security guard came in. He was told to follow me around the office as I took care of issues. First I was escorted to HR for my exit interview, then to the Office Manager to take my badge, cell phone and laptop, then to IT where I took care of computer issues, and then to payroll to pick up my last paycheck.

As I walked around the office I was told that I was not to say good bye to anyone or talk to anyone outside of official business. Everyone stared at me as I passed by escorted by my armed guard. Some looked sad while others laughed. Most assumed I had done something criminal.

No vacation balance pay or severance pay, because of company policy that people who were fired for misconduct would not receive a payout. My misconduct: not a good fit.

I was told that I would not be given a professional reference and if someone called to verify my employment they would say I was terminated and was not eligible for rehire. My old boss and I were basically strangers and he and I never had a cross word.

Should I sue (for humilation)?

Last edited by spring greenery; 02-25-2009 at 08:09 AM..

 
Old 02-25-2009, 07:04 AM
 
Location: Some place very cold
5,501 posts, read 22,444,028 times
Reputation: 4353
Yes, sue them for discrimination. Call a lawyer.
 
Old 02-25-2009, 07:11 AM
 
Location: Fort Worth/Dallas
11,887 posts, read 36,911,752 times
Reputation: 5663
I would sue. To say that you are not "culturally" a fit implies discrimination.
 
Old 02-25-2009, 07:20 AM
 
16,177 posts, read 32,484,116 times
Reputation: 20592
I would sue for discrimination and tack on pain and suffering as punitive damages. Culturally fit? He has done himself in using that term.

I wish I was your attorney! Slam dunk. Ka-ching!

On top of all that, remember that karma is a "insert bad word".
 
Old 02-25-2009, 07:29 AM
 
Location: Sanford, FL
732 posts, read 4,156,973 times
Reputation: 405
hell yes they are messing up any future chances you have at any job!
 
Old 02-25-2009, 07:34 AM
 
1,111 posts, read 4,638,009 times
Reputation: 803
I think you have a lawsuit on your hands. It is very difficult (almost impossible) to fire someone without giving them warning and a opportunity to improve on what the problem is. They can not just fire you like that unless you were on a probational period, and even then should have received a warning first.

I have heard of situations of having security escort you, but that is usually in the finance and securities world for fear of you stealing/deleting confidential information (i.e. client account info).

I agree with all the above. I would definitely consult a lawyer for actions that you can take.
 
Old 02-25-2009, 08:14 AM
 
40 posts, read 128,825 times
Reputation: 35
According to everything I have read, employers can fire someone for no reason or any reason. I can do nothing about being fired.

What I felt was unfair and possibly illegal was the way they made an example of me and paraded me around the office followed closely by an armed security guard. I was the laughing stock of the office. He even grabbed my arm a few times to see that I went into the right room, just like I was arrested.

The economy and job market in my home town of Fargo, ND is actually quite good but I am not employable now because I have no references from a job I held for eight years due to my termination.
 
Old 02-25-2009, 08:22 AM
 
12,115 posts, read 33,673,781 times
Reputation: 3867
Default hire a reference

checking company (they will pose as a prospective employer from company X doing a reference check)to interview them about what kind of worker you were and why you separated from the company, they will document what is said by your former employer and send you the report of what was said. you might be able to use it in court
 
Old 02-25-2009, 08:22 AM
 
37,315 posts, read 59,839,259 times
Reputation: 25341
depends on the state--TX is a right-to-work state which really means it is alright to fire anyone w/o giving them notice or warnings or attempts to remediate the problem--
you can hire someone one day and fire the next w/o any explanantion at all really...
you can also fire someone who has worked there for years w/o any explanation or warning...

that being said --how do you prove the boss used "culture"/discrimination as reason for termination--
don't think that he would be stupid enough to write that down on a document
agree it was not handled very well
is there not some supervisor you worked for that might be able to validate your experience
your employment can be verified through the state workforce commission--did you file and get turned down for UEB--the company has to give reason that justifies denying your claim--what was it
 
Old 02-25-2009, 08:27 AM
 
Location: Nassau, Long Island, NY
16,408 posts, read 33,295,819 times
Reputation: 7339
Quote:
Originally Posted by spring greenery View Post
According to everything I have read, employers can fire someone for no reason or any reason. I can do nothing about being fired.

What I felt was unfair and possibly illegal was the way they made an example of me and paraded me around the office followed closely by an armed security guard. I was the laughing stock of the office. He even grabbed my arm a few times to see that I went into the right room, just like I was arrested.

The economy and job market in my home town of Fargo, ND is actually quite good but I am not employable now because I have no references from a job I held for eight years due to my termination.
Unbelievable! Not a good cultural fit after 8 years? No written performance warnings? How had your yearly reviews been?

As for the security guard thing, actually it is quite common, whether or not people are being fired for "cause."

As for you being "unemployable" ... please don't think that way. You have to figure out what went wrong and be able to explain that to a potential new employer. Is the boss that fired you relatively new to working with you?

I am not familiar with the employment laws in ND, but if it is a "right to work" state (what a term ... more like "all rights are with the employer"), suing will be an uphill battle unless you can prove you are part of a federally protected class and were discriminated against. NY, where I live, is a right to work state, but employers go through a process to fire someone (verbal warnings, written warnings, probation), not like what was done to you. If you did not commit any actual proveable misconduct, though, this could be a case of damaging your good reputation via slander or libel. Apply for unemployment insurance benefits and see if your former employer disputes it, then you can see what kind of "case" they think they have against you.

PS: If you had accrued vacation time, they cannot withhold that from you because you earned it prior to being fired. You should send them a demand letter for payment for your unused vacation time. If they do not pay it, file a complaint with the Department of Labor.
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