Retaliation?

[jayny]

What is the name of your state (only U.S. law)? NY/ nyc

I was recently fired from my position in a hotel. i wrote a complaint about a manager to hr,and was let go for being late. I had never been written up for lateness before, and was taken off the schedule the next day after writing my email. I was then brought in to hr and was shown evidence of my lateness where i was subsequently let go. Like i said before, I was never written up for this. I dont know if it means anything. Thanks

 

[Ohiogal]

What is the name of your state (only U.S. law)? NY/ nyc

I was recently fired from my position in a hotel. i wrote a complaint about a manager to hr,and was let go for being late. I had never been written up for lateness before, and was taken off the schedule the next day after writing my email. I was then brought in to hr and was shown evidence of my lateness where i was subsequently let go. Like i said before, I was never written up for this. I dont know if it means anything. Thanks

Why do you think you need to be written up? I note you don't deny being late.

 

[commentator]

It is legal for the employer to fire you like this for the first offense, without any write ups or second chances. Where it would make a difference would be if you file for unemployment insurance after your firing, if you were not aware that one offense regarding lateness would result in your termination, and you called in appropriately, and you did your best, then it might be easier to get your unemployment approved. They will ask you when you file the claim if you had had any prior write ups or warnings about tardiness. But as for having to give you a warning before they fired you, no, the enmployer can fire you arbitrarily for just about any reason or for the first offense.

 

[cbg]

There is a SLIGHT chance that this might be seen as illegal retaliation, depending on what the complaint about the manager was all about. If the poster complained that the manager was sexually harassing him/her, then I would rather be the poster's lawyer than the employers in this case. But if the poster was complaining that the manager yells too much, picks on him/her, gives better assignments to others, didn't cut him a break when he was late, then the poster is SOL.

 

[jayny]

Thanks for your responses. Probably wont be eligible for unemployment. Lateness is one of the reason for denial of benefits right? Thanks again.

 

[justalayman]

It can be but apparently you didn't read commentators post.

 

[cbg]

That depends. At least in my state, which admittedly is not yours, lateness can be a reason to deny unemployment IF YOU HAVE BEEN NOTIFIED THAT LATENESS WILL JEOPARDIZE YOUR JOB. If you have no notice to the effect that you can/will be fired for being late, then you CAN get unemployment benefits if you are fired for being late. It's still a legal termination - it's just a legal termination for which you can get unemployment.

I have had employees who were denied benefits when they were fired for being late or absent, but that's when they've received written notice that their tardiness/lateness is jeopardizing their job.

YMMV

 

[commentator]

Please don't be silly and not sign up for unemployment. Do it right away, don't try to wait till you really need it or something silly like that, either. Let THEM make the decision. It costs nothing and there is no downside to signing up and applying. Don't try to pre-anticipate their decision to grant benefits or not. As cbg says, sometimes people are denied, but they've mostly asked for it, by being repeatedly late when they'd been warned and knew that their job was in jeopardy if they were late ONE MORE TIME. But in this case, you need to apply and tell exactly what happened and let them make the call. Your chances aren't too bad, and you might as well apply as not. After all it would be a bit of money until you find something else. So do it.

 

[Zigner]

What was the general nature of your complaint to HR?