I Just Got Fired

[SiobhanClancy]

and I am in shock over it. I don't know why anyone would be interested in hearing about it,but I have a need to express my feelings about it anyway.
I work(or did,until about 10:30 this morning)at a campus shop at Boston University. I'm the assistant manager. This summer,they have had a major renovation project going on,with constuction crews working in the store while it is open. Yesterday(the manager had taken the day off)they were building a new cash area. For a few minutes..maybe 5 or ten..there was no barrier around it because of the work they were doing. An eldery woman came in and promptly tripped over it,causing minor lacerations to her head. EMTs and BU police were called,but the woman(adamantly)refused any medical help.The Director of Operations called me and chastised me for it,although the construction guys told him later that they were to blame,not me. I feel terrible about the woman(a regular customer and a student,believe it or not)being hurt,although she seems to be fine and was going about her regular activities later that afternoon. This morning,the Director came in and called me aside(not looking me in the eye)and said he had thought about it and was going to "let me go" because "we should be able to do better for our customers than this" He then presented me with an envelope containing my last check and COBRA information,at which time I(being in a state of shock)actually thanked him,gave my keys to the manager(who is also in shock over it)and left. I have worked there for a year and a half,have never been late and have gotten regular raises. In July,I recieved my performance evaluation and a $2000(per year)raise. I've never had any warnings,complaints,etc.Having construction going on while the store was open has always concerned me. I don't know if I was fired because they are afraid of being sued and think this would help them. I'm just devastated by the whole business and can't even think straight about it. I feel like suddenly I'm just nothing and am being used as a sacrificial lamb,and at the same time I feel very guilty,as if I must be at fault and a bad person,since I was fired for it. I'm a middle-aged woman who spent most of her life as a housewife and I guess maybe I'm just no good in the "real" world. For anybody who took the time to read all this rambling,thanks for indulging my little excercise in self-pity. I guess I needed someone to talk to.

[commander bunnypants]

1. Man I am sorry to hear that

Chin Up!! and try not to let it get you down.


DDQM

[KCDem]

2. sacrificial lamb is right!

My guess is that they wanted to be able to point to you, in case of a lawsuit, and say "look, we did something". Grr, I'm so sorry for you. Don't feel like you're no good in the real world, although, as a SAHM for the past 4 years, I feel that way myself so I understand where you're coming from.

(((hugs))). Take care of yourself and find a better job!

Rebecca

[fertilizeonarbusto]

24. absolutely true

totally sacrificial, since whoever authorized it is ultimately responsible. I hope you find a better job soon and DON'T BE DOWN ON YOURSELF. THIS IS NOT YOUR FAULT.
:hi:

[LuLu550]

3. That sucks!

Venting here is a safe thing to do.
Can you appeal to anyone higher about it? Or do you think they are using it as an excuse to get rid of you for some other reason?
I'm really sorry. I hope everything works out for you!
LuLu

[democrat in Tallahassee]

4. Bummer, will you be able to find something else?

Good luck and I hope the new job comes soon. Sometimes these things work out for the best.

[Rick Myers]

5. That's terrible!!!

Don't beat yourself up over it. They needed a sacrificial lamb... You'll get a BETTER job!!!

HUGS! :hi:

[Sagatious8]

6. I'm sorry....

That's really terrible, I don't know what to say. It's always hard to come up with the right words or approach to defend yourself or your job at a time when the unexpected happens. Stay strong, you'll find a silver lining in all of this.

[Richardo]

7. Oh, MAN - so sorry to hear that, Siobhan...

...totally inapproprate. Best wishes and hopes to you.

[4_Legs_Good]

8. Oh no!

That's awful, and certainly doesn't sound very fair or seem to make much sense! I'm really sorry to hear about it.

It certainly doesn't sound like you did anything wrong. I hate hearing about people who get fired with no warning. It hapens in my company from time to time and is completely unfair.

I wish I could do something for you. Good luck, I guess is all I can say...

david

[NewYorkerfromMass]

9. Sounds like he had it in for you

believe it or not. This is pretty lame. Perhaps you were making too much and they want to replace you with a cheaper (read: younger) AM.
Sounds like the construction guys were ready to take the blame anyway, and they WERE ar fault BTW, they are supposed to take precautions to avoid this kind of thing, and believe me they have the insurance covering them.
Anyway, I am sorry this happened. If you really want your job back you could fight for it.

[supernova]

10. So sorry Siobhan

That's awful!!

Yes, my guess is that they wanted to be able to say they did something. Tag, your it. :-(

Take some time to grieve. Vent. Hang out with your friends. You'll discover it was less about you than it was more about the insecurities of the boss. Your work record seems exemplary and anyone would be lucky to have you work for them.

You'll be able to find something else.

[davidinalameda]

11. always check to see if you have a wrongful termination suit

check with your local legal aid society or bar association and see if they can refer you to an attorney

you might be able to get your job back through mediation or even through the threat of a lawsuit.

most places don't want the bad press of a lawsuit like this.

good luck and you're in my thoughts.

[NewYorkerfromMass]

17. Yes. she has a case

construction crew admitted it was their fault, and they are at fault (I know, I am an architect and this is part of their responsibility). She needs to get statements soon from all involved if she wants to proceed.

[Heddi]

56. yup yup yup!

Call a lawyer and call your state or local Labour and Wage office.

This is *totally* a wrongful termination---the fact that they had your last paycheck ready???

call! call! call!

Get documentation from everyone you can!!!

[Generic Other]

12. Seems like there should be an appeal process

Can you file a complaint with the university human resources? Seems like that was a rather arbitrary firing. You may have a legitimate claim against your employer. Appeal the firing. You need to make them at least let you have unemployment benefits. The Director is covering his own butt here. The school will side with the squeakiest wheel.

[GAspnes]

13. that most definately sucks

It's always a shock to be fired or laid off, whether you can see it coming or not.

Carry the thought that this isn't about your failing -- it's about your Director of Ops' failing. No *good* manager fires someone for a single mistake. A good manager uses the mistake as a learning experience to improve the employee, and a good manager always makes sure that blame is assigned appropriately. It sounds like it wasn't in your case, especially if the construction guys admitted it was their fault.

You aren't 'nothing', and this wasn't your fault. If you can, translate your shock and guilt into anger and an "I'll show HIM" attitude, use that to energize yourself.

[Rose Siding]

14. I am *so* sorry this happened to you.

And (gently) nonsense about you not being good in the "real" world. You are not your job but I've felt that way before and I understand.

I think it was LOUSY for them to fire you. It sounds more like THEY can't handle the real world.

I don't see any way you could be at fault or responsible. If anything, it's their bad judgement to operate with construction going on.

Wish I could make it better- sending good thoughts.....

[alpizzy]

15. Do you have a copy of your review??

If not ask for a copy of everything in your personnel file.
I *think* you have a legal right to it. I would also ask them
for a letter stating why you were let go.

[jfxgillis]

16. Take this line:

"The Director of Operations called me and chastised me for it,although the construction guys told him later that they were to blame,not me."

write it down, e3xpand it, use it apply for unemployment as "fired without cause" and then DO NOT LET THEM SCREW YOU.

Is that the B&N in Kenmore? Or does BU have another store back on campus?

[SiobhanClancy]

23. This store is in the GSU

one of 9 that BU operates under their for-profit susidiary.

[jfxgillis]

28. Whew.

I love the Kenmore B&N newsstand. I'd hate to have to not go there anymore.

[silverchair]

18. i am sorry

to hear about the loss of your job. i can empathize with you because i have been unemployed for a year now. i hope things work out. let us know how it goes.

[molly]

19. Did they ever train you regarding safety procedures?

If not, then you may have a case. You need to talk to someone. They can still be sued, BTW. Sorry......

[PROUDNWLIBERAL]

22. Unions

This is why it's good to be in a Union---this sort of thing is hard for a boss to pull off when it's not your fault. Seek legal aid and go after this boss!

[regnaD kciN]

87. It varies...

...from locality to locality. In most cases, it is specifically written into the law that employment is "at the pleasure of the employer." In other words, there are no standards for wrongful termination -- an employee can be fired for no cause whatsoever, and there's nothing he or she can do about it, unless they can prove that the dismissal was due to ethnic, gender, or age discrimination.

[demnan]

20. I've been fired about 5 times in my life

so I know how you feel. Most of the time it's either political or somebody just decides you might be a threat to them.

EVERYBODY HAS BEEN FIRED at one point or another in their lives, and it makes you feel a sudden lack of self-worth (except for my last firing, I hated that job so much I was glad - at least I could get my unemployment!)

Here is some advice on what to do:

Today - get drunk
Tomorrow -
Go down and file for unemployment immediately, there is usually a waiting period so you want to get that out of the way. Then start revising your resume. If you have a friend who can help you edit your resume that's great! Others can be very instructive. Also NEVER SAY YOU WERE FIRED - you were "laid off". No exceptions to this rule except in a security clearance.

Look in the newspaper online, Monster.com, etc. every day to see if there might be perspective jobs. Just knowing you are taking action will make you feel better.

Ask for help. Go to the unemployment office. They may not have something for you but maybe they do, and ask all your friends and acquaintances if they know of a job - "network" outside the computer!

Good luck!

[SiobhanClancy]

21. Thanks for the kind words,everyone

I think getting drunk today may be a lovely idea...and the idea of not having to get up at 5 tomorrow morning isn't bad either. I appreciate so much everyone who has taken the time to read this and offer encouragement. It is helping me feel less alone.

[SoCalDem]

30. Remember this too... They have deprived you of your living

AND your health coverage.. the cobra "information" is going to knock your socks off. If you are making no money or less money, how will you pay for cobra.. Fight this and fight it soon..

The person who fired you , may end up on the carpet for their hasty decision..

Go see someone quicly, and if you know who the woman was who was hurt, she may actually be your ally in this fight.. If she's like me, she does not intend to sue, and she would feel badly to know that you lost your job because of someone else's carelessness..

Don't take this lying down... If there were jobs all over the place it might not be a big deal, but the way the economy is now, you cannot afford to be the "nice" one..

This is another reason why UNIONS are necessary.. :(

Do kick back and pamper yourself for a bit...and then FIGHT back !!!

[demigoddess]

25. we are all sympathetic

But the best thing we can do is get those republicans out of every office we can. The republican were actually uncomfortable with full employment in this country. They are such dolts to think that working people are just pawns on a game board. Every person out of a job who wants or needs one is a bad thing for our country and our world.

[tpub]

26. I would go back and ask for your job back once you're past

the shock stage. If necessary, tell them you'll go to the press (local papers, news) b/c you were wrongly fired. I think best case scenario, in this economy, would be for you to get your job back with no harm, no foul. I wouldn't threaten to sue until you've exhausted other areas.

Sorry to hear about it.

[TXlib]

34. No, don't threaten press action.

Go straight to a lawyer. Tell the lawyer what you told us, esp the bit about the construction crew taking responsibility for the accident.

Don't given them any warning, or time to prepare. You want the shock of a lawyer coming after them to hit them like the shock of getting fired hit you.

Investigate suing BOTH the store that let you go, AND the person who made the decision to let you go.

Maybe you'll be lucky, and the asshole who fired you will find HER ass on the street instead!

[tpub]

42. I could not disagree with you more

It sounds like Siobhan had a good relationship with her company and her immediate boss, who was also in shock at her firing. Suing will take an investment of time and money and will certainly lead to animosity with the company. If she gets her job back, will she still want to work there in that environment? If she wins money, how long will that last?

What harm does it do to go back and say, "I'm over the shock. You were wrong to fire me. Here's why.... I demand my job back.... I'm going to the press."

THEN sue, if necessary, as a last resort.

Siobhan, do you want your job back? If not, fine, sue 'em...

[area51]

27. a-hole bosses

I'm so sorry you were fired, Siobhan. You're not "worthless", they're just using you as a scapegoat.

[iluvchicago86]

29. That's rubbish!

I absolutely can't believe they can do this to such a great worker and individual. It is not your fault in the least,and do not feel overly sad, even though it must be very hard. This is a low and yellow thing for them to do. Some other employer WILL realize your true heart and potential, so don't let this employer's inconsiderate action dampen your spirits. :-) Thier karma will come back and bite them in the butt!






Edit:for too many letters lol

[Skittles]

31. honey

we are interested in hearing about it because we care. It sounds like you are getting the blame for the people who SHOULD have put the barrier up - the ones who were DOING THE CONSTRUCTION. The fact that the Director couldn't even look you in the eye tell me he knows you're getting the shaft too. It sucks but I don't think you should blame yourself for it. And whoever said housewives "don't know the real world"? You know a lot and have a lot to offer. People who name a pet CLANCY are COOL!!!!!!! :)

[Parche]

32. what kind of state is MA

Is Massachussets an at will work state
or do you have better laws for workers than here in Oregon
Here they can fire you if you have green eyes,
If MA is different than Oregon, then you can file a grievance
or get a lawyer for unwarranted dismissal

[TXlib]

35. MA is NOT at-will employement state

http://www.nrtw.org/rtws.htm

[jiacinto]

67. "Right to work" is not the same as "at will"

Right to work deals with compulsory union membership. In a right to work state the law bastically gives you the right not to join a union if you don't want to. That's different than "at will".

From what I know every state except Montana is an "at will" state. That means that you can be "fired" at "any time" for "any reason". Conversely you can quit at any time you want.

That means, if an employer doesn't like the way you look, you can be fired. Most caselaw in this area heavily favors employers. Winning any case would be very tough.

Then again a letter from an attorney might end it or the company may balk and go to court. Who knows?

[TXlib]

33. Go see a lawyer

Especially if you don't live in a so-called "right to work" state, my guess is you might have a case.

Or at least leverage for them to pay you some "shut up" money.

[GoddessOfGuinness]

40. Excellent advice...

You aren't responsible for this accident. It sounds like someone's panicking and seeking a scapegoat for a potential lawsuit. You should consult a lawyer to be sure that the company can't hold you liable.

[GoddessOfGuinness]

41. and by the way...

~huggggggggggs~
Hang in there...

[jiacinto]

63. "Right to work" is not the same as at will

Right to work deals with compulsory union membership.

[leftofthedial]

36. No, You just got screwed

Absent relevant information not in your post, it sounds like you are a scapegoat.

[bif]

37. If your boss was that much of a dick

You didn't need to work for him. There are other, better people to work for out there. What a jerk he is!

[Iluvleiberman]

82. AMEN! n/t

[carolinayellowdog]

38. Where does your manager stand in this?

Will s/he go to bat for your reinstatement? Be glad you were fired? If I were in your boss's shoes and liked you as an employee, I'd be spitting mad and ready to fight.

Good luck.

[samsingh]

39. i'm so sorry to hear this

It sounds like you were treated very unfairly. It sounds like your manager is friendly to you. Ensure that a good reference can be obtained from the manager.

[Nicholas_J]

43. Very,Very sorry

I wont add anything to this, as there is really nothing anyone CAN do except offer sympathy, and hope for you.

A little self pity is appropriate at such a time

Nick

[LeftPeopleFinishFirst]

44. That's horrible.

:(

Have you talked to a lawyer about it?

[Kat45]

45. That sucks.

I'm so sorry to hear it. Yeah, they're firing you to cover their asses to avoid a lawsuit. It's not your fault at all, so don't think that way. Believe me, I know of someone who got fired for a stupid avoid-the-lawsuit reason after working somewhere for 15 years or so!

I worked at BU for a while about 15 years ago; back then, the clerical workers were trying to get a union in and of course BU was fighting it. We all went on strike. I don't know if the union ever got in, but I don't think it did.

At least you can come to the Boston DU gathering on Saturday and forget about that crap for a little while. I'll be there, and I'd love to have a drink with you.

edited for typo

[WilliamPitt]

46. Better come to the Gathering

and let me buy you a drink. Saturday, 1pm at the People's Republik in Central Square.

[Kat45]

50. I thought it was at 2pm??

Which is it? (Yes, it does make a difference.) :-)

[WilliamPitt]

53. It is at 2pm

Ignore me.

[BiggJawn]

47. Consult an attorney.

While the DofO is congratulating himself over supposedly stemming an expensive lawsuit from the injured party (who's avenue of recourse is through the construction company, anyway) and BAM! here comes a letter from an attorney asking if perhaps they were hasty in their descision to let you go....Watch the DofO start "Shittin' Kittens", as we say around here...

And since we have determined that MA is NOT a "Right to Fire" state, you have a stronger case for Wrongful Discharge.

Get drunk today, get cuddled tonight (if possible) and start the counterattack tomorrow.

Good Luck!

[jiacinto]

62. I disagree

Most employment law is heavily stacked in favor of employers. Most of the precedents are in favor of corporations. When most people sign up to work at places, in the fine print, there is usually a rider stating that you can be "fired" at "any time" for "any reason".

[MiltonLeBerle]

83. Wrong.

Read a paper sometime.

People do sue, and win, all the time on grounds of wrongful termination.

[jiacinto]

85. Not wrong

In the fine print, when you sign papers to work at a company, there is almost always a statement that says "you can be fired at any time for any reason". And that basically protects companies from being sued in the case above.

[BiggJawn]

90. of COURSE you "disagree"...

you responded. Our "Contrarian" has clocked in, folks....

As already posted, Carlos, the "fine print" is not like Moses come down with the tablets. People DO win "Wrongful Discharge" suits, and this sounds like a possible case here. an Attorney would have more info.

BTW, the "Bring them home now" thread over in LBN is sinking. Could you go throuw in your 2 cents about "Supporting the Troops" there?

Thanks.

[Undemcided]

48. Chin up and all that ...

Cheer up mate. Not very defeat is a defeat. Sometimes getting a kick in the arse can point you off in a whole better direction. :hi:

“We keep going back, stronger, not weaker, because we will not allow rejection to beat us down. It will only strengthen our resolve. To be successful there is no other way.”
~ Earl G. Graves

[David_REE]

49. Well...

...we have an unfortunate legal climate when it comes to liability.

Sorry about your job. :(

[stopbush]

51. A few thoughts

1. The construction company admitted it was their fault. If you can't get restitution from the job, you may have grounds to go after the construction company. This may involve a bit of research, as well as eye-witness accounts of the work area and the accident. Questions like "was the work area clearly marked? Should construction of this nature have been going on during biz hours?" Maybe the bookstore is actually at fault, not you. Lot's of times these jobs get contracted out to low-bid companies who have a hard time following basic safety rules. You may have grounds to sue the store for creating an "unsafe working environment." It was most certainly an unsafe environment as regards your employment!

2. Unemployment Insurance - I had a girlfriend once who was given unemployment in NYC simply because the "cause" that her boss fired her for wasn't so important that it couldn't wait a few business days. In other words, NYUI determined that she should have been fired IMMEDIATELY - the fact that her boss had her finish out the day and work a few extra days after that blew their reasoning for the dismissal. Ergo, she was "wrongfully terminated" and got full UI benefits.

I wouldn't let this slide. My guess is that the guy who fired you actually IS in trouble with the powers-that-be. You're simply his George Tenet, if you catch my drift.

Hang in there.

[proud patriot]

52. This totally blows

:-( I hope you find another job , sounds like you were
a wonderful worker and they are covering ther own behind
if ya what I mean . :mad:

[TheBigGuy]

54. They probably fired you because of the raises.

you where probably making too much money for them so they fired u so they could hire in someone who they could pay less.

The accident was probably just an excuse.

[geniph]

55. I sympathize

happened to me once, too - I got fired because a project went badly and one of the head honchos wanted a scapegoat. It wasn't my project - I wasn't, in fact, involved with it at all, but I happened to be on-call the weekend it went sour, and I'd made myself too much of a target by having poor attendance. So I was the designated fall guy. It turned out to be a blessing in disguise for me, as I found a job much more suited to me shortly thereafter, and I'd been very unhappy there. I hope you'll soon find a much better job.

[jiacinto]

57. I am sorry to hear about this

Legally I doubt there is much you can do. Unfortuantely, with most companies, you can "fired at any time for any reason". I guess what I would do is simply move on and get another job. That's hard--you may have to work at a low wage job while you look for something better, but that's the best advice I can give.

[SlutBunwalla]

75. Carlos, you are WRONG.

Retaliatory (or, in this case, preemptively retaliatory) termination is against the law.

No, she should not just get over it and "move on." She needs to go immediately to the state EEOC office and file a formal complaint. She is entitled to a full investigation into the reasons for her termination, and quite possibly entitled to rehire and/or monetary settlement for lost wages.

My work involves labor law, and I know whereof I speak. See my other post on this thread for more information.

[jiacinto]

86. I'll defer to you then

But usually, in the fine print of employment, there is almost always a statement that says that "you can be fired at any time for any reason". That clearly seems to give a company the right to fire someone basically on the way they look or some other unfair characteristic. I don't think it allows it to be done on the basis of race; but, in most other cases, I don't see how to get around that.

And even if she goes to an attorney she is probably going to be charged at least $300-400 an hour just to be represented. If the attorney takes her on contingency she then will probably have a retainer of at least $1000-2000 dollars. And then, even if the lawyer takes it on contigency, she will have to give 40-50% of any settlement in legal fees.

So she could make a big deal out of it, but I don't see her winning. Then again I am not an attorney.

[SlutBunwalla]

91. You're still wrong.

You know, Carlos, you don't know quite as much as you think you know.

Just because a company puts a statement on an employment form saying anyone can be fired at any time for any reason DOES NOT give them carte blanche to literally fire anyone for any reason. "Any reason," would therefore include discriminatory reasons (certainly beyond just race), so I think you see the flaw in that argument. All contracts--even and especially employment contracts--are subject to disputation, and one of the reasons every state has a fair labor practices department is to protect workers from exactly that kind of abuse on the part of employers.

I described in detail in my other post directly to Siobhan just how one goes about lodging a complaint, and yes, that includes complaints against employers who have an "at will" clause anywhere in their paperwork.

As for your conjecture about what it would cost her, that's not wholly accurate, either. She should start out working through the state agency, which will cost her not one red cent. If they're unable to resolve it, they'll give her the "right to sue" letter, and she can then retain an attorney. In this kinds of cases, most attorneys take the case entirely on contingency (which means there is NO RETAINER required on the front end, Carlos), so she'll likely not be out any money unless a settlement is delivered. There are also many, many reputable free legal clinics who would take on her case for no cost at all.

Like you said, you are not an attorney. I suggest you be correspondingly cautious in doling out legal advice.

[linazelle]

58. You sound like a very responsible person

I bet you will find a job in no time. Don't let it get you down. Many have survived being fired and you can too. In fact, use it to your advantage. Take stock of how much you have to offer and I'm willing to bet you will see that you were too good for that job anyway.

I encourage you to share again as your feelings change from shock to anger, to denial...to final acceptance. You didn't ramble and the support from DUers is invaluable.

Hang in there....you'll be FINE.

[rasputin1952]

59. Just read youor story, and I am blue...

This should never have happened. The individual that canned you is a fool.

Accidents happen, that is a part of life. For this person to have fired yoou for this, shows how petty some can be.

There is no way you are at fault, do not put yourself through this.

Are there any grievance procedures?

This is a University, they must have rules to follow before termination.

Move forward if all else fails, you can be or do anything you put your mind to. My thoughts are with you, keep your chin held high, this reeks of wrongful termination.

[bocadem]

60. SUE

Plain and simple. Don't go down for this one. Did I hear you say that a construction worker ADMITTED FAULT?

Consult an attorney now!

[jiacinto]

61. There is little an attorney could do

Most employment is "at will". In most job contracts there is always a clause stating that you can be "fired" at "any time for any reason". Most cases and precendents in employment law are heavily stacked in favor of employers.

I doubt that there is much an attorney can do in this case.

[devarsi]

72. Can You Be Fired For Working While Black?

Of course not, but no one would ever say such a ridiculous thing.

However, the director made it clear why SiobhanClancy was let go, and should be challenged on such a dumb decision. Even if the lawyer cannot do a damn thing, it may make the director think twice before acting so rashly in the future.

In the meantime, file for, and collect, your rightful unemployment benefits!

[jiacinto]

73. I think that that is the only exception

But otherwise I see little legal recourse for the orginal poster.

I mean, she could get a lawyer, who will probably charge her a 1K retainer or more at the outset. Then, to write a letter, he or she would charge her probably around $1200 (at a rate of $300-400K per hour), just to do that. Then, if the lawyer does sue on contingency, which is probably unlikely because of the high burden in these cases, he or she will get 30% of any settlement at least, plus administrative costs.

And then even if the company rehires her it may very well have cost her more to win this battle.

[BushHasGotToGo]

64. AAAAAAAAAAAArghhhhh, the BUSH Enronomy SUCKS

:mad: :mad:

[Spirochete]

65. God, that's fucked!

I hope you have some kind of legal recourse on this.
There have sure been a lot of stories like this lately, although yours may be the worst I've heard.

[ikojo]

66. I am sure the start of the school year

has a lot to do with why you were let go. The accident was just a convenient excuse.

Sad to say they will probably replace you with a 20 something employee who will be more than glad to work for pennies.

Age discrimination is real. Stay angry and get a lawyer. Even if you don't want that job back maybe you can sue them for emotional stress.

[JCMach1]

68. Sounds like 'Mr. Director' has been to business school

i.e. let someone else take the blame for 'his' bad decisions (like operating in a construction zone).

What an idiot...

You have some good karma coming to you and will do well once you get past this.... :bounce:

[ScreamingMeemie]

69. I am so sorry. You are awesome for the real world. Why? Because you

are a real person. The little guy ( I include my own self here) is a sorely undervalued resource here in this country. My thoughts go out to you.

[catpower2000]

70. What the hell? That is bullshit...

I'm a middle-aged woman who spent most of her life as a housewife and I guess maybe I'm just no good in the "real" world.

Bull. You just got finished telling us you were always on time, did good work, your performance reviews were positive, and you got regular raises. As a retail manager for many years, I would have KILLED for an assistant like you.

They booted you so they have something to point to when they get sued. "We took steps, see?" That's the only reason. Since it wasn't any sort of negligence on your part, my understanding of the law says you definitely have a good chance to win a wrongful termination suit. They have to have documentation that you were irresponsible before they can fire you. From what you said, they had no such documentation.

You should look into it.

Take care, sorry this happened to you,

Cat

[UrbScotty]

71. WHAT?!!!!!!!!

Do what you can to get the job back. I would suggest talking to your ex-boss's boss, and telling him or her what happened.

[primavera]

74. Contest it

Threaten a wrongful dismissal suit: you did nothing wrong, there's no justification for punishing you for something that was completely beyond your control.

[SlutBunwalla]

76. Siobhan, please read this--know your rights

As I mentioned in my response to Carlos above, you are entitled to a full investigation of the reasons for your termination, and quite possibly entitled to rehire and/or payment of lost wages.

Download this form from the Massachusetts website for more info:

http://www.ago.state.ma.us/pubs/wkplcrts.pdf

It appears that you are certainly eligible to file a complaint for retaliatory and/or discriminatory action on the part of your employer. Please contact the local EEOC office, or call the state attorney general's office (Division of Fair Labor and Business Practices) at 617-727-3465 for specific instructions on how to file a complaint.

on edit: The usual complaint procedure usually involves an investigation by the relevant state agency or local EEOC office. At the end of that investigation, there are usually two outcomes. One, they may negotiate a settlement on your behalf with your former employer, or they will give you what is referred to as a "right to sue" letter, which then entitles you to file a lawsuit against your former employer to recover damages and lost wages.

I wish you all the best.

[SlutBunwalla]

77. a little bump....

Hoping Siobhan sees this...

[SlutBunwalla]

81. and one more....

.

[mvd]

78. Very sorry

Hope you find one very soon, and I hope you are very happy in it.

[neuvocat]

79. Time for a lawsuit then.

You're being made the fall-guy (or fall-gal?)

[Jack The Tab]

80. You have been wrongfully terminated...LAWSUIT TIME..

Be sure you get the name of the company doing the construction work and the woman who fell.

Get your attorney today. The store should get a letter from your attorney by the end of the week.

Don't take shit like this from anyone. Fight back, all the time.

[sweetheart]

84. no justice in firing

Just so you won't feel bad, i'll tell you my own firing story.

I started a job just west of Denver a while back. I was broke when i started, and was staying at a friends... so the instant i got enough cash, i moved out into my truck (77 datsun king kab pickup with shell)... it was a "beater". I used to get up suuuuper early in the morning to take a shower before the first employee arrived in the employee showers... and i'd stay busy in to the evening until i could cook dinner in the microwave and retire to my truck. This went on for about a month until my truck broke in idaho springs and left me without home/wheels for 3 weeks.

I moved in to the marketing VP's office, hiding my clothes in the brochure closet.... and survived the 3 weeks undetected. I was thinking i was on home run straight. I was still homeless, and denver was getting snowy-cold as the fall progressed... so in searching for a flat, i took a second job to get the bux working for teh cleaning company that cleaned the buildings.

I had the job mopping the whole building (wet) and the gloves-brush-toilet experience for all corporate bathrooms.

One day, right before the start of my cleaning shift "mopping" the computer room of a business that was my employment job during the day as a "systems programmer". I was to pee right before my shift, and i went in the nearest restroom of the empty building. As the womens restroom was a 100 meter less hike across the building, i used that. (being not a woman). As i was taking a whiz in the toilet, the door opens... oh shit! I closed the door of the stall. I pretended to be taking a toilet until the person left. Well, i din't think much of it...

So, the next day (sorry for the long winded) my boss hands me a box with my things as i walk in the door. "the office manager saw you in the ladies bathroom last night watching people like a pervert." I felt totally wronged, but i was already out the door by then. Pervert!!! wow. how about homeless... or geez, i was wealthy, as i had a truck... some homeless folks are carless too.

6 months later, i was earning 100% more income and had my own flat in new haven, connecticut.

Sometimes, they fuck you. I've experienced it many times. Its like a random sharpshooter from the unknown that comes down to shoot you randomly, injustly, like shakespearean injustice.... and all of it was past life karma... let it go, and let that life die.

[boilerbabe]

88. That's so unfair!!

I have been thru the wringer as far as employment goes, but have never been in your position, where I was a housewife and then got a job...
I think you were the unlucky scapegoat for sure...this has become a litigious society and ridiculously so..(I feel like I am mispelling most of my words, but the heart is still there) I lived in CA from age 19 to age 33, and I went through more jobs for more reasons than I could ever explain...but just remember this: No-one gives a shit, loyalty means nothing, and sad to say, good intentions do not make for job security. I have just been lucky these past 6 yrs having the same job in the same place, but even that does not make me feel at ease. I am starting to wonder whether I should stay here and be loyal or go out and try something different (I am SO TIRED of starting over, I am over 40, damnit) but the writing is on the wall here, too. I run a boiler in a paper mill, and they plan on putting a co-generation plant in...what that means is that we don't have the experience to run it, and they have been pretty much blowing smoke in our faces so that we will stay until they just throw us out, I think...i caught that atmosphere at one of our crew meetings anyway....things are pretty precarious for us...I am pretty worried, since I just bought a house a couple of yrs ago...no husband, all on my own...oh well, even if I am tired of starting over, it may be so one more time! just remember that you are not the lone ranger here, and that if I ever wound up doing what I originally thougt I would do way back when...shit who knows!! I'd still be worrying probably!!!
XXXOOO
I wish you the best of luck, and fight as best you can, you were not wrong, and you know it!!!

[Julien Sorel]

89. The people who are talking about lawsuits have it part right,

part wrong. First of all, Jiacinto or whatever, has the at-will part correct. The trick, and where you have an advantage, is what you said about your age. You said you were middle-aged; age discrimination laws kick in when you hit 40. If you are older than 40, and they replace you with a younger person, you can look at an age discrimination suit, or at least threaten one, to gain leverage. That they fired you under such a flimsy pretext would add to the strength of your case if you get some facts down, and the names of some of the construction people to testify later. But you have to act quickly.

You might feel like trying to forget about this, but in a few years you might look back and feel angry at the way you were treated, and regret not doing something. Even with at-will employment laws, there are still many legal risks involved with sloppily or improperly terminating someone, and this one looks pretty sloppy. I'd let them have it if I was you; you might even scare them to the point where they decide to offer you your job back.

[sangha]

92. Good advice.

It doesn't sound like a retaliatory firing, but your age may give you an angle. Be sure to raise this issue with an atty