Ive read that false accusations are not wrongful termination but really? Retaliation?

[kjbryant]

I was recently terminated from a medical courier company. They are based out of WA but employ me in MT. The company is contracted by a large testing company and the drivers collect specimen from hospitals and doctors in their area and drop them off at collection sites (employees house)and then a main driver essentially drive I-90 and each collection site is usually just off the freeway and that driver collects all of the days specimens and drops them off testing facility that contracts the company i worked for. I was responsible for southwest MT and my home was a collection site just for some background. So an hour before my Monday shift my boss calls me and say he needs all my stuff and that I'm fired because the there was a blue bag in one of my collection boxes that had marijuana and a marijuana pipe in it. At first I thought he was messing with me but when I realize he was serious, I demanded a drug test. He said it didn't matter. I reminded him that 3 other employees have access to the boxes and they actively handle and transport the boxes. Not to mention they have me leave them in an unlocked car for five hours so other drivers can put their boxes in the vehicle and finally someone comes and grabs them all. They are not locked or even sealed just a simple belt. Again he said it didn't matter. Angry, I went to Wal Mart and purchased a UA home test. When he arrived I handed him the
unopened box and said lets go. If i fail then I'm a liar but if I pass why would I have ever had marijuana especially on shift and have left it in what is the most important part of my job. I have him come into my home (along with my replacement) and into the bathroom and per his request in full x rated view I peed into the cup. And sure enough I passed just like I said I would. He didn't care and sad well that sucks, maybe someone is out to get you (in a patronizing tone) but it's out of my hands. The lab that contracts us is really mad. I talked to their regional manager and just be lucky I was able to talk him out of criminal charges. I sealed the sample and put it in refrigerator and told him i would like to be taken to a testing site in town to have an official test done with a third party witness and even as dumb as it sounds that i would even give my fingerprints (i know this is a bit much but i was desperate) and explained that if im providing you with information that is even raising a doubt why not suspend me and at least look into it It may not be proveable ever but at least pay me that respect and he just continued to shut me down. Realizing the futile and absurd nature of the arguemeant, I gave up and asked for my termination papers and final check. (Usually in MT we get check on day of being fired and not sure if law but have always had to sign paperwork when leaving a job) he said he didn't have either one but he would get it to me. I have asked every day since and he says he will bring it but never does and he still has not provided me with a single piece of paperwork that explains my termination or shown me any evidence or even proof that this exists. I may sound crazy but I am pretty sure he made it up. Exactly a week earlier I hit an Elk in the company car on off hours. (We have limited permission for personal use, huge grey area kind of a go ahead but dont go crazy). They said it was ok but they did want to document it and even though it wasn't my fault they had to write me up because technically I shouldn't have been driving "unless I could think of a
reason I was doing work related duties". Completely not understanding I wanted to be honest and just admit I messed up. So they wrote me up and got me a new car. But a coworker told me that since I wasn't on shift and even though they never out right asked me too, I didn't lie and say I was so their insurance wouldn't cover vehicles driven during off hours (which doesn't make sense to me but i was told this on Thursday of last week and totally noticed a change in their reception of me) Well now all of a sudden this box that at the end of my shift i pull every specimen out of and confirm my count then close back up has this bag of pot in it and oh yes when I asked how or why they thought for sure it was mine he said it was because there were company receipts in my name in the bag. All my receipts are left in glove box (if i dont have one i owe the money and guess what he had used his spair key to enter my car and take my receipts before knocking on the door and said it was to check for damages plus every bag in our boxes is clear heavy duty zip lock type bags and any other bag would stand out like a sore thumb. And now I'm carry around small amounts of pot and a pipe but not smoking it and thought it would be a good place to put my work receipts and figured having it anywhere near these boxes was a good idea, does that sound dumb to anyone else or am I overreacting. Also I asked to see a picture of the bag and its contents including which receipts were in it and my boss said the company wouldn't even let him see the pictures. So not one question asked, a passed UA, accessible by other employees and even pedestrians for that matter then to top it off i get not a shred of info and am refused the contact info for this regional manager that supposedly found this bag. I think they were upset about the wreck and that I didn't play ball. So since WA and their policy and procedures says they are an "at will" employer they wanted to get rid of me but didn't want to make it look like it was because of the accident (i dont know why seems like they could have just fired me for that but maybe not after writing me up idk) but I am employed in MT live, work and pay my taxes here. We have much more strict employment laws and are not an "at will" state. Does this matter or have any affect. Am I crazy, I work for them for almost 8 months (past probationary) and never received a single complaints, had a problem or was late until the accident and even accident report says I was not at fault. Again ive read that being fired for something you didn't do is not wrongful termination which is crazy to me but even on grounds of retaliation which im sure would be close to impossible to prove. Do I have a case for reemployment, unemployment benefits, anything or just wipe my tears and move on.

 

[quincy]

kjbryant, you can add your legal question to your first post by using the "edit post" feature or you can "reply to thread" and add it that way. Be sure to include the name of your state and please avoid using "preview post" because it has a habit of deleting posts.

Thanks.

 

[kjbryant]

Thank you

I totally did preview it but I can't find edit. I'm an iPhone could that be the issue.

 

[Zigner]

I totally did preview it but I can't find edit. I'm an iPhone could that be the issue.

You can just reply and post your question instead of editing.

 

[kjbryant]

Ahhh Thank you

Guess my iphone didnt like it, jumped on computer and worked fine

 

[commentator]

First of all, file for unemployment benefits. Whether you have any other sort of wrongful termination or not, it's no cost and there is no downside ot filing that claim and beginning to get things worked out, and so regardless of whatever else you do, the first thing you want to do is file a claim for unemployment benefits. The claim will probably be a Montana claim, if that's where the company pays its employer taxes. If they pay them in Washington, it doesn't make a toot whether you "live work and pay your taxes in Montana." They will adjudicate according to the unemployment system of wherever they have paid in unemployment taxes on you. Once you file the claim, they will help you figure this out, including what state pays employer taxes on you, and which state's unemployment laws will be in effect in the adjudication of this claim.

From there, you guys can work it out with the claims system. In order to be terminated and not be able to receive unemployment, the company must show that they had a valid misconduct reason to terminate you. To tell the truth, in the midst of this post, I cannot say whether you have a good chance or not. It really sounds like you are a bit of a pothead to me. But it doesn't necessarily sound like you did anything wrong in regard to your employment. Luckily, I don't get a vote here.

It will be all worked out by the state agency when you file the claim. You tell the claims office, when you file, as exactly as possible what occurred which led to your termination. Who told you that you were terminated? On what date? Had you received any warnings that your job was in jeopardy? You were terminated by whom on what date? After WHAT had taken place? Good luck to you, and good luck to the employment office people who take this claim.

Because it is about the only state in the union where you are not an "at will" employee, I would suggest that after you have filed a claim for unemployment, you run your whole job situation and the reasons for your firing and all this mess through an good employment attorney in Montana. They should be able to help you figure out whether you were unjustly terminated. It sounds to me like they wanted to get rid of you because you hit the elk. All this other stuff is SO over the top and confusing I don't want to waste mind space on it, since I'm not getting paid.

 

[kjbryant]

Thanks for advice

I think I will check out a lawyer. And yes so crazy sounds made up. I wouldn't believe it if i didn't just go through it myself.

 

[commentator]

File a claim for unemployment first. You don't need an attorney to do this. File for unemployment. Get your claim started and on record. Then talk to an attorney.

 

[cbg]

Just as an FYI, not all or even most of what people classify as "retaliation" is illegal. Retaliation for exercising or requesting a right or benefit that is protected by law is illegal. Retaliation for having an accident with a company car is not.

 

[kjbryant]

Think I wasn't clear.

I believe retaliation was for not lying about being on the clock. But like I said it was never outright asked just implied and honestly I don't even know how insurance works for company cars. I'm just putting together what coworker told me and remember my boss's strange comment about unless I can think of a reason or if I can remember I was doing something work related. I can't remember exact words but just remember him being like hint hint and me be confused so I just stuck with truth but didn't think anything of it until coworker said that about insurance. But if that is true is that retaliation and would it even matter since I can't really prove it.

 

[cbg]

Retaliation for not lying about being on the clock is not technically illegal either.