Fired, and I still don't know why. . .

[notalwaysright]

Where I work, there is a probationary period written into our union contract. During that period, someone can be fired for any legal reason and they don't have to tell you what it was - they usually don't say anything specific, to protect the company from possible lawsuits.

I'm not very knowledgeable about this sort of thing. I don't understand how anyone would know if a person was fired for a legal reason if they don't have to tell you what the reason is. Who, other than the person who made the decision, knows and can judge if it was legal?

[EricKei]

I was only a few days shy of getting the raise that comes with being off probationary status, so the other Officer would be a little cheaper to have around for the next year.

Bingo. I do believe we have a winner x_x It could very well be that they never had any intention of keeping you, from the beginning, and just wanted a warm body.

[Sandman]

I would still nail them with a USERRA violation. Either way... it would have to reveal why they laid you off.

[raudf]

While being unemployed sucks, I think you're better off with out working for a company that has so many issues. Who knows what they'd pull next.

[MoonCat]

I'm not very knowledgeable about this sort of thing. I don't understand how anyone would know if a person was fired for a legal reason if they don't have to tell you what the reason is. Who, other than the person who made the decision, knows and can judge if it was legal?

It just means you can't be fired for reasons of race, sex, religion, etc. In order to keep things as generic as possible, they just don't give ANY reasons other than, "It's not working out." That makes it harder for someone to claim that there was racism, sexism, etc., behind their being fired, because the statement is so neutral there's nothing to hang a lawsuit on. Since they are allowed to fire you without stating reasons during the probationary period, the rule really covers their asses more than the employees'. After that, they have to prove "just cause" for a firing. And no, that doesn't mean, "just 'cause they want to!"

[silverstaff]

A slight update in this saga.

Some of my former co-workers wanted to take me out to lunch today. At our office, it is a tradition that when an employee leaves, that the managers organize a lunch at their favorite local restaraunt, or they have some snacks and a send-off in the break room at some point (the employee's choice of which).

Since I was fired, I wasn't getting any of that. My co-workers wanted to do it for me, so I met with a half-dozen of them at a local pizza place today for lunch.

Some news of the last few days I got from my former co-workers.

1. Many employees are very upset at this, and have lost a lot of respect for the management. While firing an employee for no given reason while on probationary status is legal, they virtually never do it. I was a well-liked, popular employee (as both my performance evaluations said, and the people who turned out for lunch with me said), and nobody could see why I was discharged.

This has meant that morale among everyone else there who is probationary has dropped like a stone. They have had it made clear that even if you work hard, work long hours, and get along with everyone, you can still be canned arbitrarily right up until that magic date.

Those who are off probation are just irate with management for doing that.

2. The office had it's monthly staff meeting yesterday. I guess they hadn't edited the agenda since the decision to terminate me was made, because there was a bullet point on the agenda to congratulate me for my hard work during the snowstorm last week to stay late during the storm to make sure assignments got done even in the middle of the storm. The managers didn't actually call it out, but it was on the agenda that was distributed. The employees noticed that the agenda had a line-item for congratulating the hard work and dedication of an employee they had fired out-of-nowhere two days prior.

In other news, I also went to the career center at my alma mater today for career/job search counseling. Aside from some tweaks to my resume to make it what's more in-style now, not a lot to do, and they said my resume is pretty strong so I shouldn't have too much trouble getting a new job.

[Gizmo]

If anyone has a copy still of that agenda and you are going to put in a claim over the Guard issues it would be good if you managed to get hold of it....

[Sandman]

Yeah... something tells me it's due to the guard issue. With that evidence it would be tough to prove otherwise

[Greenhall]

I just dredged through your first thread, and what stuck out to me was the part where...let me see if I acn copy paste this in...

1. The state government actually has VERY military friendly personnel policies (four weeks paid military leave per year, preferential treatment in hiring which is probably part of how I got the job), he's just pushing right up to the line of them. Also, it's buried way, way down in the Employee Handbook that if you've taken any military leave within the last 6 months (paid or unpaid) then they have to show cause to the personnel board and have a hearing, even if you're still probationary (you just have fewer rights of appeal and a lower standard for what constitutes cause). I don't think he realizes that's in the Employee Handbook, that for him to even try to fire me now it will have to be reviewed by the personnel board, and they may take a dim view of him firing a soldier for anything tied to their service.

I can't tell from both threads if you have definitely taken time since last August, which is right at six months ago. I just wanted to be sure you remembered this. (I have the memory of a goldfish some days...)

[silverstaff]

I just dredged through your first thread, and what stuck out to me was the part where...let me see if I acn copy paste this in...

1. The state government actually has VERY military friendly personnel policies (four weeks paid military leave per year, preferential treatment in hiring which is probably part of how I got the job), he's just pushing right up to the line of them. Also, it's buried way, way down in the Employee Handbook that if you've taken any military leave within the last 6 months (paid or unpaid) then they have to show cause to the personnel board and have a hearing, even if you're still probationary (you just have fewer rights of appeal and a lower standard for what constitutes cause). I don't think he realizes that's in the Employee Handbook, that for him to even try to fire me now it will have to be reviewed by the personnel board, and they may take a dim view of him firing a soldier for anything tied to their service.

I can't tell from both threads if you have definitely taken time since last August, which is right at six months ago. I just wanted to be sure you remembered this. (I have the memory of a goldfish some days...)

Thanks for the reminder. I found the following quote on Page 49 of the Employee Handbook:

"Upon returning from military duty you (whether merit or non-merit) may not be terminated except for cause for a period of one (1) year after restoration to a position following military duty. "

So, it was one year, not six months, and I'd also taken one day of military leave in October and December because our unit had a three-day drill those months.

It sure as heck sounds like, since I took military leave within the last year (paid military leave for annual training) that they cannot terminate me unless they show cause, so I can take it to the State Personnel Board for appeal.

[Sandman]

Oh boy... someone get me the chair and popcorn.. because this is going to get good...

[Aragarthiel]

Extra butter anyone? I brought nachos too.

[EricKei]

for everyone, then!

And SS, you know what to do now, of course: Lawyer up. Either the Labor Board itself, or (probably more useful) via a military equivalent. Document everything you can think of on paper - times, dates, names, places - no matter how insignificant it may seem at first - and give it to them along with your written concerns. Probably best not to contact the former employer in any way unless they tell you otherwise, and continue to remain as anonymous as possible online. Loose lips and all...

[Jay 2K Winger]

It's time, once again, to bust it out!

[Irving Patrick Freleigh]

Oh boy... someone get me the chair and popcorn.. because this is going to get good...

Oh yeah, this is going to be fun.