I guess I should have known
FHR
199 Posts
This is not a funny but I need the advice of the forum badly.
I was fired today. I am the former deez. Some of you may know of the times I have had with my former company, eh, mwild and don d. I wrote an email today to my gm and fm concerned about the most recent safety inspection that we had and that nothing had been adressed regarding some of our most serious issues including some that carried the heaviest fines, up to $70,000. By the end of the day I was terminated.
Strangely I don't know if that had anything to with it. Their stated response was "performance issues". There are no prior warnings for this given to me or in my file. They also did not give me any UE info, nor what I think is my complete pay (I have to look into that). I have already contacted the head of the BOD through email and plan to ask for severance pay because it has been done before without a contract. I don't know what else to do right now but I have a couple questions:
Can I ask for a copy of my file in MA?
I have documentation of many things that have occurred, how do I use them?
I don't want my job back but there are so many things going on there that I feel the board needs to know about it, any whistleblower position or is it too late?
I am devastated right now but also feeling somewhat light and unburdened.
Thank you all in advance,
The forum has helped me so much to deal with everything, thank you
I was fired today. I am the former deez. Some of you may know of the times I have had with my former company, eh, mwild and don d. I wrote an email today to my gm and fm concerned about the most recent safety inspection that we had and that nothing had been adressed regarding some of our most serious issues including some that carried the heaviest fines, up to $70,000. By the end of the day I was terminated.
Strangely I don't know if that had anything to with it. Their stated response was "performance issues". There are no prior warnings for this given to me or in my file. They also did not give me any UE info, nor what I think is my complete pay (I have to look into that). I have already contacted the head of the BOD through email and plan to ask for severance pay because it has been done before without a contract. I don't know what else to do right now but I have a couple questions:
Can I ask for a copy of my file in MA?
I have documentation of many things that have occurred, how do I use them?
I don't want my job back but there are so many things going on there that I feel the board needs to know about it, any whistleblower position or is it too late?
I am devastated right now but also feeling somewhat light and unburdened.
Thank you all in advance,
The forum has helped me so much to deal with everything, thank you
Comments
As far as your personnel file is concerned, I'm not sure about MA law - in OR, you would be entitled to a copy of it.
Also, some states mandate a narrative reason for separation upon an employee's termination (if they so request) and this might be something to check with your Dept. of Labor about, especially if you are not sure about the reasons for the termination.
As far as the whistleblower statutes are concerned, if you feel you were terminated because you complained about safety and OSHA concerns and nothing was done about them, I most definitely would consider talking to a lawyer. Whistlerblower protections don't end just because your employment ended.
Keep us posted.
I did a quick search on MA employment standards & the website is too difficult to navigate ([url]http://www.ago.state.ma.us/index.asp[/url]) - I would fly a call to the Labor Board & ask about your rights. I did pick this up off the site:
"An employee involuntarily terminated or laid off must be paid in full on the day of discharge."
My thoughts and good wishes are with you right now...hang in there!
Let me add my voice to those above and encourage you to maybe see a plaintiff's attorney. I don't think you need any money to see one. If you tell them you complained about safety violations and then got fired, they should be champing at the bit to take a whistleblowers case. However, you may be able to get yourself a really good severance package instead without having to hire a lawyer and split what you get with him/her.
I used the HRhero website to search the laws of MA on personnel files. I read the whole statute and here are the pertinent parts:
"Employee", a person currently employed or formerly employed by an employer." (That means you're covered)
"Any employer receiving a written request from an employee shall provide the employee with an opportunity to review his personnel record within five business days of such request. The review shall take place at the place of employment and during normal business hours. An employee shall be given a copy of his personnel record within five business days of submission of a written request for such copy to his employer.
If there is a disagreement with any information contained in a personnel record, removal or correction of such information may be mutually agreed upon by the employer and the employee. If an agreement is not reached, the employee may submit a written statement explaining the employee's position which shall thereupon be contained therein and shall become a part of such employee's personnel record. The statement shall be included when said information is transmitted to a third party as long as the original information is retained as part of the file. If an employer places in a personnel record any information which such employer knew or should have known to be false, then the employee shall have remedy through the collective bargaining agreement, other personnel procedures or judicial process to have such information expunged. The provisions of this section shall not prohibit the removal of information contained in a personnel record upon mutual agreement of the employer and employee for any reason."
Added by St.1968, c. 509. Amended by St.1987, c. 686; St.1992, c. 284,§§1 to 3; Amended by St.1996, c. 151, §389; Amended by 1997 MA H 5724, August 8, 1998.
I'd make a written request citing the statute number above (that should scare them!) that I deliver via fax tomorrow requesting a copy of your personnel file. I'd then review the documents and see what they have documentation wise as well as what they said the reason for termination was. I'd then decide whether you want to negotiate your own severance package or see a plaintiff's attorney. Bottem line, they have to show their hand and I'd peek before I did anything else.
Hope that helps. Keep us posted.
Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]
Very good advice from others about contacting a plaintiff's attorney. Usually, they don't charge a fee until they listen to your story to ascertain if you have a good case. Sounds to me like you do. If the company isn't obligated to give you a copy of your file, then your attorney can certain subpoena it.
Keep in touch with us and let us know what happens.
I have been going over my documentation for a large part of the night but I did get some sleep.
I did manage to get that last email about the safety inspectors reccomendations.
I will miss the employees that I worked for there. My first thought as I woke up this morning was about the employees that need to be signed up for health insurance this month.
I will get through this and your responses have been so supportive.
I will keep you posted.
Cristina
If an HR person sues a company aren't they blackballed from the profession?
I think I will go back to my boxing bag. It has been getting a good workout since last night.
Cristina
Others can speak to this better, but I don't think you would be blackballed.. especially given the managment ethics of the company. I post in my head more than I do here, but a couple a times I just wanted to yell at you "Deez get out of there". The disregard of safety issues really sent up a red flag. .
Keep punching. .
I had a college professor who told the class that you are not doing a good job unless you have been fired once for bucking the system. Didn't make sense to me at that time. Years later, when I got axed, I remembered his statement and looking back, he was right.
You may not realize it yet, but the decision of looking for a new job has been made for you. In addition, you will have UI to carry you through the transition. Be positive about this episode. The experience you gained from this schlock (that's a NJ word) outfit is priceless.
If there is anything I can do to help in your job search, email me.
I have not yet contacted a lawyer. I still really want to talk to the BOD.
This is going to be a hard day. I thought I would be happy to sleep in HAH!
I have begun my job search online and found my job posted. Whooo.
I am at odds and ends right now. Still waiting for the BOD to give a call.
Cristina
From your previous post it seemed like your company didn't really care about following proper procedures, and most likely your termination was another example of that. I can't believe they fired you for performance and they don't even have any warnings? And only after notifying them of safety hazards. Give me a break. You need to see your file now.
Don't worry about being blackballed, you need to do what is right for you. Get a lawyer asap.
Good luck and keep us posted.
"I have begun my job search online and found my job posted. Whooo."
These idiots have been planning this for awhile - probably since the time you posted (what a couple of weeks ago?) about your fears of getting fired. I am so sorry!
Great job on moving forward and asking for your file, now, my friend, contact that attorney. Follow Parabeagle's advice on how to research a good attorney.
As far as 'black-balling' is concerned, unless you're applying for a job in similar industries, you should be able to sail through the interview process & state your side before your perspective new employer does a reference check (hopefully your former employer's handbook states that it will only give out 'name, rank, serial number', stuff). This can be a little tricky, in that you want to state your position but not a) come across as a sue-happy employee and b) appear bitter, angry and vindictive. Off the top of my head, and hopefully, some other folks here could add/modify the response or suggest something else entirely:
Question: "Why did you leave your last position?"
Answer: "I was let go from my last position for what I believe to be a retalitory action on the part of my former employer for my concerns regarding the safety of the employees and customers.
When faced a few weeks prior with major safety findings by OSHA (and only recently being appointed to the position of Safety Committee), instead of giving up on the company and quiting due to managements heavy resistance to correct the safety issues and the sheer vastness of the findings, I was working in good faith to help and advise the company through the issues.
With continued resistance by management, however, my advice fell on deaf ears and it came as a great shock to me when they let me go as I so firmly believed in the mission of the organization & the people. It was a poor decision, I believe, on their part to let me go, but it was a tremendous learning experience for me professionally. Now that I've seen how badly this issue can be handled at another company, I now know where the 'poor bar' is located & will work hard for my future company to ensure they always stay well above it."
This may be too soon to even be thinking about interviews & such - but I'm here for you as you go through this process.
Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]
I am so sorry to hear about what happened. I agree with the other posts that you should find an attorney. Keep your chin up you did the right thing in informing them of the safety issues. You were there to protect both the ee's and the company even though the company did not appreciate your efforts I am sure that the ee's did. You have always given sound advice now it is your turn to take some from all your forumite friends.
Good Luck it WILL get better, be strong.
Go punch something.
Sending you a big xhugs
Lisa
You will go through the 5 stages of grief before you can look forward, don't fight them, let them happen.
Once you emerge on the other side of this process, you will be able to think clearly about the next step in your career. HR is a great profession and needs caring dedicated people like yourself to keep it that way.
Cristina, I just now read your post and I join the others in saying that I am so sorry. Like Sonny, ritaanz and others, I think that in the end you will be glad that you were forced to move on. You have a lot to offer a company that will embrace you and not work against you. I know the future will be more rewarding for you.
Elizabeth
Yeah mwild they posted the job on 11/18, soon after our safety inspection with the WC guy.
Ever since my email to them requesting to view my personel file and the UE info that should have been given to me upon termination I haven't heard a peep. And this is a woman who responds to her emails before she takes her next breath.
No word from the BOD.
Guess I'm going lawyer.
You guys and the punching bag have gotten me through in a big way!
Cristina
[url]http://www.martindale.com/xp/Martindale/Lawyer_Locator/Search_Lawyer_Locator/search_result.xml?PG=0&STYPE=P&search=2&PAREA=760&SET=&CN=&CTY=&STS=23&CRY=1&LNG=&LSCH=&MTY=&MTR=&FSZ=&BR=[/url]
My internet is being taken away for the moment with the arrival of my spouse. AAArgh.
Back to the punching bag. It's looking quite a mess right now
Cristina
When I asked to get a copy of my file the response was that she would fed ex me my file. She also said that she hoped I was relaxing and enjoying my time off, that times like these could be nice.
WOW!!!!!
I responded that I would prefer to pick up my file in person and that, if she wished, a representative of the company could accompany me.
This is all in email, of course.
Thanks guys for posting you responses.
I will probably keep updating as I have few others to turn to that understand the uniqueness of my position.
I can't stand being without a job!!!!!
I sent out an email to a lawyer that I found on the website that Beagle gave me but it doesn't seem to have gone through.
This is my new dilemma:
Lawyer/negotiate severance.
I don't know if I will get severance if I contact a lawyer.
Most importantly, I just want the company to improve it's management and safety practices for the sake of the employees and the future of the company. Co-ops have a hard time in the business world. I would hate to see it harmed, with or without me there.
Should I just give up on severance and go to the board with my documentation? Just let it all drop from there? Hope for the best?
The GM and the FM have already promised me by email and verbally that they will not deny my unemployment insurance. It takes three weeks in MA but I think I can suck it in.
I have appreciated all the advice that I have been given from the forum. Sometimes I feel like I am being a pest about this whole thing. I am not currently in the HR profession and feel without a rudder. This is where I turn to keep up with this great profession.
Cristina