Join the Meeting Place for Moms!
Talk to other moms, share advice, and have fun!

(minimum 6 characters)

Is this legal? (little long) *EDIT*

Posted by on Apr. 8, 2009 at 4:31 PM
  • 10 Replies

DH was fired from his job 2 weeks ago for turning down a promotion without extra pay and asking for a raise at his current position which was supervisor. I think he was more than entitled to a raise when taking on the supervisor position. It's just wrong that a supervisor makes LESS than his employees. He went to work after our vacation to find another man in his position making  $4 more an HOUR than he was and that he was told he had to move to the shipping clerk/production supervisor position. He did  but not by choice and went to them and told them that he wanted a raise since so and so was making more than he was doing EXACTLY what he was doing. They told him no and said that he could either take this new position...idk what it was I can't remember or he could quit. He said he wasn't going to quit but didn't want to change positions AGAIN without a raise and said that if they weren't going to give him a raise he wanted back in the warehouse where he had less responsiblility for same pay. They said they didn't have a position there and demanded he take the new job with no extra pay. He said he wasn't taking the new job he was going to stay where he was at. So the plant manager suspended him "until further notice". He was suspended for almost a week and they called him and fired him. The girl in human resources didn't give him an explanation or reason or anything. He's never even had a write up there. So my question is, Is this legal for them to do? I would think they'd have to write him up, suspend him, THEN fire him after he comes back and screws up again. He wants to take them to court to get some type of severance pay or something considering how everything happened but I don't know if we even have a case or not. Any advice or suggestions are welcomed. YES I know that DH probably was more mouthy to them than he told me which could have caused the suspension. No bashing DH or I. We have never sued anyone before so it's not like we're wanting a quick cash or something. We just want what is rightfully ours since they didn't even let him come back to "correct" his actions after the suspension. If we can sue, what kind of lawyer do you contact for this kind of thing?

 

Well I did check into the labor laws in the state of Ohio and unfortunately we live in an at will state. So they get away with treating him like crap and firing him for no reason. But he did run into someone that still works there and he told DH that he overheard a convo between the plant manager and his boss and his boss was PISSED about the situation. He said that the boss told the PM that he shouldn't have fired DH that he was a great employee and that he could have done great things for the company and could have helped pull them out of the rut and trouble they're in now. Aparently, they've screwed up shipments bc the now manager that took DH's place doesn't inspect the load b4 it goes out like DH did. So the GOVERNMENT is going to take their business elsewhere if they screw up one more load. We're laughing our butts off now. But we did discover something about his unemployment. This brings me to my new question. Aparently because he doesn't know the reason he was fired they sent a form to his old work for them to fill out and they still haven't done it. My question is....Is there a time limit an employer has to fill out paperwork for the unemployment office? I am thinking there probably is or all companies would do this to prevent having to pay unemployment. Any insight would be very helpful. We've wasted our savings on bills and it's starting to get tight....but at least we don't have to worry about losing our home, electric, water, car, insurance and all that other crap lol.....except maybe internet and cable, those aren't necessities. I don't really care about all that. Plus the kids have pleanty of food, and we have some money still but it's gonna get worse if something doesn't come through. But thanks for the advice...I'm kinda greedy and need more now lol but I REALLY do appreciate it. Thanks

by on Apr. 8, 2009 at 4:31 PM
Add your quick reply below:
You must be a member to reply to this post.
Replies (1-10):
kimmiepoo
by on Apr. 8, 2009 at 4:33 PM

first off what state do you live in....in the state of texas, its an at-will state. they can fire you for any reason, no warning, etc...

WAHM_Teresa
by on Apr. 8, 2009 at 4:34 PM

Unfortunately in many states there is something called right to work where a company does not have to have/give any reason to fire someone.  If that's the case then he's sol.

bjwiraden
by on Apr. 8, 2009 at 4:34 PM

We live in Ohio, sorry forgot that important info.

Quoting kimmiepoo:

first off what state do you live in....in the state of texas, its an at-will state. they can fire you for any reason, no warning, etc...


mommywillU
by on Apr. 8, 2009 at 4:35 PM

That's a tricky one. First, you need to check if your state is an at-will state. Meaning they can basically fire without cause. I live in KS and employers can do that in our state.

Mom2LiamNMolly
by on Apr. 8, 2009 at 4:35 PM

It depends on the State laws. Here in Idaho a person can be fired for any reason at any time without cause. Even when a person returns from unpaid maternity leave they can only be guarenteed the same pay and not the same position they had when they left.

babys-first-easter01.gif  babys-second-easter1.gif


Stefanie~ Mom to Irish Twins Liam (7/07) and Molly (06/08)
krya83082
by on Apr. 8, 2009 at 4:36 PM

I think different states have different laws for firing employees. Here in Louisiana, I worked for my dad's company, and we make each employee sign a paper saying they are not allow to speak to others about pay. If caught doing so, results in immediate termination. Maybe the company had this kind of policy in place. Maybe check out labor laws for your state. Good luck.

1mom08
by on Apr. 8, 2009 at 4:43 PM
Here in Iowa they cant fire a person with out cause. But every state is differn't so if you have a lawyer in your town that only works with that sort of thing that would be the way to go. Was he union or company? im guessing company since you said he was a supervisor.
bjwiraden
by on Apr. 8, 2009 at 4:50 PM

yes he was in the company. It sucks because they just took him out of the union about a month ago......ahh the irony grr

Quoting 1mom08:

Here in Iowa they cant fire a person with out cause. But every state is differn't so if you have a lawyer in your town that only works with that sort of thing that would be the way to go. Was he union or company? im guessing company since you said he was a supervisor.


Snowbug925
by on Apr. 8, 2009 at 4:52 PM

Everyones just repeating one another, but I just wanted to wish you luck hun.  I know its stressful!

supermommymel
by on Apr. 8, 2009 at 4:56 PM
You'd first have to contact the labor board and report what happened. They might have some insight but I really don't think you all have a case. In the state you live at do you know if it's a Right to Work State or an Employment at Will State? Find out because that really makes a difference. In an Employment at Will State you can be fired for whatever reason as long as the termination doesn't break the Civil Rights Acts Laws. Research and keep us posted.
Add your quick reply below:
You must be a member to reply to this post.
Join the Meeting Place for Moms!
Talk to other moms, share advice, and have fun!

(minimum 6 characters)