JOB TERMINATION- HOW TO DEAL WITH THIS?

[SalishSea 16,746]

5 hours ago, 2019Xray said:

I never missed work. Infact, I am owed more than 300 hours of unpaid overtime

Aside from health care positions, such as registered nursing, I can't think of many "professions" that pay overtime.  Most professional positions are salaried.

[2019Xray 2]

2 minutes ago, JeanneAdil said:

The employer still could face a defamation (libel or slander) lawsuit from the employee or a negligent referral lawsuit from the prospective employer if care was not taken in limiting the type of information provided and making sure that the information was given to the correct person.

States that do not have an immunity statute, including New York and Massachusetts, make it more difficult for the employer to provide reference information to prospective employers,

 

This was stated on the following  and we were told (at my former job) to not provide references unless we wanted to be held personally responsible 

 

https://www.shrm.org/resourcesandtools/legal-and-compliance/state-and-local-updates/pages/can-employers-give-a-bad-reference-for-a-former-employee.aspx

 

each state has different laws and each company different rules,  but seems you have a good law suit and should follow up on it 

lawyer can file a civil suit for lost wages and ruining your career 

just be sure of your proofs and witnesses

Lemme read on this. 

Nonetheless,  it's been 2 months. So:

1. I have no money for lawyer. I was hoping to get a lawyer on contingency basis. 

2. All my evidences were on my computer.  And I wasn't allowed to go back to it. Pretty sure they wiped it out. So only evidence left are former colleagues and what they told me as I have shared. I won't wanna put them on the firing line just for my sake.

[2019Xray 2]

2 minutes ago, Jorgedig said:

Aside from health care positions, such as registered nursing, I can't think of many "professions" that pay overtime.  Most professional positions are salaried.

 

I'll  PM it to you. There are professions out there. And my welcome letter stated that I will be paid 1.5X basic salary  for any overtime work done 

Edited September 26, 2019 by 2019Xray

[cyclone27 710]

1 minute ago, Jorgedig said:

Aside from health care positions, such as registered nursing, I can't think of many "professions" that pay overtime.  Most professional positions are salaried.

Depends I am a professional  and on salary but I also earn OT. ❤️

[geowrian 22,335]

1 minute ago, cyclone27 said:

Depends I am a professional  and on salary but I also earn OT. ❤️

Agreed. I'm a professional in IT and we switched from salary to hourly yeas ago. We do get paid for every hour, but are exempt from actual OT (1.5x pay) by state law.

[SuznAaron 121]

30 minutes ago, geowrian said:

That's fine for an opinion, but no such right is recognized in the US. Employment is at-will and one can be fired for any reason (barring a very limited set of discriminatory circumstances). You do not "let somebody fire you"....they fire you if they choose to do so and no reason is required.

 

As for the OP's case, I'm sorry that it ended poorly with the employer and now they are having trouble finding a new position. That said, any negative reports they may have on you are the company's property. They are subject to discovery if it went to court (or, more likely, forced arbitration given the workplace environment today), but the employer has no legal obligation to turn them over.

 

Generally, an employer will only specify if a previous employee worked there, the dates they did so, and possibly if they separated voluntarily or not. Anything more exposes them to litigation.

If there is evidence they did do more than that, speak to an attorney and see if there's anything there. It's a very uphill battle and suspicion is not enough to be victorious in court, but they may have other avenues to pursue to at least obtain more information.

 

Good luck and I hope you find employment soon.

Semantics. Of course you dont let someone fire you. Poor choice of words on my part.  And it is my opinion as I stated. And yes you can be fired just as you can quit a position without reason unless the reason for firing is illegal or there are clauses in your contract. Perhaps OP could check their contract.

[Boiler 43,397]

So you applied for jobs, they initially offered you a job dependent on completing their normal hiring process.

 

They withdrew the offers, you do not know why, you have a suspicion.

 

I do not see where any legal action arises, what would be the basis?

[Mrs Ryan Carreras 247]

4 hours ago, 2019Xray said:

Nonetheless, as much as you can fire me for no reason, it's not ethical to be fired then again taint your image to the point where you cannot get another job. That's where I'm disagreeing with. It would have been better just to ask me to put my 2 weeks notice and leave. I don't know what the hurry was to push me out. I had personal files on the computer.  They are already wiped out and as such, I have no evidence. 

PIP - performance improvement plan is a way for them to document job performance. 
If your put on one or where- it’s your first sign to start looking for another job. 
 

They do not normally issue them without a 30/60/90 day termination. 

Within  those days you need to be at 100 percent metrics or they terminate and wipe out sensitive company data. 
 

I am in management sales and it usually comes from the top down. 
 

However, I do offer employees to quit prior and there is no pip unless you signed that you would abide by the terms. 
 

Also note, no documentation is needed in a hire and fire at will state. 
 

I would have went for unemployment like you were told and when filling out new applications it will always ask if they can contact your last employer.

 

I would suggest marking no for now or use a trusted colleague as a reference that your worked with. 
 

Very common in the sales world so hope this helps as this is what I’d recommend or do to other employees put on plans and terminated. 
 

I think this may help you find a new job quick this way. 
It will avoid the last employer on your applications. 
sarah 

[2019Xray 2]

50 minutes ago, Boiler said:

So you applied for jobs, they initially offered you a job dependent on completing their normal hiring process.

 

They withdrew the offers, you do not know why, you have a suspicion.

 

I do not see where any legal action arises, what would be the basis?

Won't you be suspicious too if lost for jobs, all at the very last stage of employment verification with past employer? Why didn't they withdraw after the interview? Why reach out to ask me for salary and potential start date?

I'm here for advise so that I see the best way possible.  Hahah so no hard feelings from my end. Many heads are better than one. 

[Boiler 43,397]

Of course I would be suspicious, just pointing out you have nothing but suspicion and that will not get you very far.

[2019Xray 2]

46 minutes ago, Sarah n Ryan said:

PIP - performance improvement plan is a way for them to document job performance. 
If your put on one or where- it’s your first sign to start looking for another job. 
 

They do not normally issue them without a 30/60/90 day termination. 

Within  those days you need to be at 100 percent metrics or they terminate and wipe out sensitive company data. 
 

I am in management sales and it usually comes from the top down. 
 

However, I do offer employees to quit prior and there is no pip unless you signed that you would abide by the terms. 
 

Also note, no documentation is needed in a hire and fire at will state. 
 

I would have went for unemployment like you were told and when filling out new applications it will always ask if they can contact your last employer.

 

I would suggest marking no for now or use a trusted colleague as a reference that your worked with. 
 

Very common in the sales world so hope this helps as this is what I’d recommend or do to other employees put on plans and terminated. 
 

I think this may help you find a new job quick this way. 
It will avoid the last employer on your applications. 
sarah 

Yes. I have used colleagues as references. Heres the cylce: I apply for a job. Get called for interview. I ease the interview.  They ask for references. I give them past colleagues who'll later call me and tell me they've talked with potential employer. Potential employer sends salary and potential start date. We negotiate and agree. They tell me they will be sending the offer in the next email for me to sign. This is where everything falls apart. I think this is where they do the employment verification with past employer. This part is beyond my power.

Therefore, instead of me getting the offer letter, I get an email saying they found out I'm not fit for the role. How? Didn't you ask me technical questions during the 1/2 round of interviews that we had regarding this position and I answered them? 

Then I loose the job, apply for another. And the same cycle repeats itself. 

[Calicolom 265]

5 hours ago, 2019Xray said:

 

Yes. You're right. 

Nonetheless, as much as you can fire me for no reason, it's not ethical to be fired then again taint your image to the point where you cannot get another job. That's where I'm disagreeing with. It would have been better just to ask me to put my 2 weeks notice and leave. I don't know what the hurry was to push me out. I had personal files on the computer.  They are already wiped out and as such, I have no evidence. 

 

Then HR called and tells me they have a lot of evidence against me. I asked for a share, they refused saying it's company property. Basically,  they accused me, gathered evidence, fired me yet they don't want to even verify those accusations? To them, I'm guilty. 

Past employers are not allowed to give bad reference,  you need to find a good labor lawyer. 

[usmsbow 795]

14 minutes ago, 2019Xray said:

Yes. I have used colleagues as references. Heres the cylce: I apply for a job. Get called for interview. I ease the interview.  They ask for references. I give them past colleagues who'll later call me and tell me they've talked with potential employer. Potential employer sends salary and potential start date. We negotiate and agree. They tell me they will be sending the offer in the next email for me to sign. This is where everything falls apart. I think this is where they do the employment verification with past employer. This part is beyond my power.

Therefore, instead of me getting the offer letter, I get an email saying they found out I'm not fit for the role. How? Didn't you ask me technical questions during the 1/2 round of interviews that we had regarding this position and I answered them? 

Then I loose the job, apply for another. And the same cycle repeats itself. 

 

When doing employment verification, it is almost always reaching out to your previous employer's HR. Your previous supervisor would not be involved. You think that's where they contact your past employer? But you don't know? Do they ask for a POC to verify your employment with them? 

 

Maybe your past colleagues aren't great references. While they might not be as critical as your supervisor, maybe they're not exactly advocating on your behalf either. 

 

It is an odd situation, but it sounds like there is something missing (and I don't mean you're purposely omitting that info). 

 

Edited to add: while I don't work in HR, I have weekly meetings with my office's HR. They go out of their way to get MORE references if a candidate's (former) supervisor is critical. They really try to do whatever they can to get that person on board. I can't think of one instance where they eliminated a candidate just because a supervisor was critical. There is usually at least a couple other reasons why an initial offer is withdrawn. 

 

 

8 minutes ago, Calicolom said:

Past employers are not allowed to give bad reference,  you need to find a good labor lawyer. 

LOL. That's not true whatsoever. 

Edited September 26, 2019 by usmsbow

[2019Xray (2) 0]

8 minutes ago, usmsbow said:

 

When doing employment verification, it is almost always reaching out to your previous employer's HR. Your previous supervisor would not be involved. You think that's where they contact your past employer? But you don't know? Do they ask for a POC to verify your employment with them? 

 

Maybe your past colleagues aren't great references. While they might not be as critical as your supervisor, maybe they're not exactly advocating on your behalf either. 

 

It is an odd situation, but it sounds like there is something missing (and I don't mean you're purposely omitting that info). 

 

 

LOL. That's not true whatsoever. 

Same person here. Apparently, I've reached maximum posts on my other account. 

 

My references have been great. They were talked to before the offer was even extended. So I don't think they are the source. 

 

If you read my posts, you'll understand why I tend to think this is a HR and previous Supervisor doings. You'll see that in 3/4 of my interviews, I've been asked if I've worked with my Supervisor. These people know each other and have each other's personal contact.  

In fact, when they asked me if I knew him, I gave up on even getting the offer. Surprisingly, they emailed me later after talking with my references of which they told me how great I was and then started negotiating.  This is why I suspect HR/ previous Supervisor. 

I hope you understand 

 

[2019Xray (2) 0]

27 minutes ago, Boiler said:

Of course I would be suspicious, just pointing out you have nothing but suspicion and that will not get you very far.

I understand.  But what I am to do if they've refuse to give me the document? Look at the snapshot I posted. That's all there is. 

 

And to add- while I was leaving, the HR lady asked me to hand over the company cellphone. I clearly told her, that I never took any. Silence. Took her a while to respond after that. Why? Cz she may have realized that in the PIP form, they had accused me of using company phone to make international phone calls. So the data that they had on this was from my personal phone. 🤔🤔. The offer letter from the company states that they have the right to track their equipments. Yes, but not my personal stuff. 

Edited September 26, 2019 by 2019Xray (2)