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What should I or can I do about this wrongful termination/suspension?

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CoryFSU90

Junior Member
I work for a company the contracts with the Department of Corrections. DOC suspended me a month ago for inappropriate behavior with an inmate. I was falsely accused by a correctional officer and have been suspended without pay for going on a month now. My company has not suspended me but due to them being under the authority of DOC, I could not return to the prison where my company is located at. I was looking at my paycheck through online services, (I get paid monthly on the 1st), and they stopped my healthcare benefits, and took out the full payday advance I took out when I first started work there. They were supposed to take out only $100 a month for the payday advance loan until it was repaid, but seeing as how they took out the remainder this is leading me to believe that come Monday that I will find out that I have been fired. I have filed a complaint with EEOC about DOC about a week and a half ago about being falsely accused and out of work without pay or communication about what is happening. Do I have any grounds for wrongful termination?

I have other staff members who have been mistreated and harassed by DOC as well that may be willing to be witnesses as well. I have emails detailing the lack of communications between DOC and myself in regards to the investigation.
 


justalayman

Senior Member
EEOC is the Equal Employment Opportunity Commission, and I filed a complaint against the company my job contracts with on the basis of employer discrimination/retaliation.

I know what the EEOC is and what they do but so far you have not give any reason they would care about your situation. Where is the unlawful discrimination? You have said nothing to even suggest there has been any.
 

CoryFSU90

Junior Member
I know what the EEOC is and what they do but so far you have not give any reason they would care about your situation. Where is the unlawful discrimination? You have said nothing to even suggest there has been any.

Ok, maybe more of the story will help. But my company provides counselling services to the inmates at the prison. A majority of the correctional officers do not like us due to their belief that we threaten their job security (i.e. by us lowering recidivism by a negligible amount). So they give us a hard time all the time, making it harder to get through security in the mornings, giving us different rules and procedures than other staff of prison employees. One even made a statement saying, "I'm going to get these counselors out one by one." And one correctional officer filed a false report against me and the prison warden just takes their word as if it is law. I've had my supervisor, co-workers and inmates all speak up for me and my character but to no avail to this one correctional officer's report. The thing is they won't take an inmate as a witness for you, but they'll use an inmate as a witness against you. They've threaten the inmates that are my clients to send them to confinement if they don't tell the version that the warden wants, so basically DOC is using coercion and threat tactics to get their way. Problem is that this is hard to prove. It's a he said she said kind of case, the warden has acknowledged that, yet still is coming down on me with the full weight of his authority.
 

justalayman

Senior Member
and I still do not see anything the EEOC deals with. You do realize the EEOC deals with discrimination based on...well, here, you can read it for yourself:


Overview
The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. It is also illegal to discriminate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.

Most employers with at least 15 employees are covered by EEOC laws (20 employees in age discrimination cases). Most labor unions and employment agencies are also covered.

The laws apply to all types of work situations, including hiring, firing, promotions, harassment, training, wages, and benefits.

so which of those are you basing your claim of discrimination on such that the EEOC would listen?
 

cbg

I'm a Northern Girl
Is there still more to the story?

Because you have described nothing that is even remotely close to a wrongful termination; nor have you described anything that would interest the EEOC.
 

eerelations

Senior Member
Is there still more to the story?

Because you have described nothing that is even remotely close to a wrongful termination; nor have you described anything that would interest the EEOC.

Agree completely. The EEOC is only interested in discrimination based on certain specific characteristics, such as age, race, gender, disability and religion. Being employed by an inmate counselling company is not on the EEOC's protected characteristics list.
 

commentator

Senior Member
And when you file for unemployment, your employer will not be the DOC, it is your contracting company that was providing services to the DOC facility. You were on their payroll, they were paying in employer taxes for you, and they'll be the separating employer.

And none of what you told us regarding how unfairly or badly you were being treated by the correctional officers on the worksite who are DOC employees is going to change that first thing you mentioned, that your company, the contractor, suspended you at the request of the DOC. The DOC alleges that you had an inappropriate relationship with an inmate.

If the DOC wants you out of their facility, for whatever reason, the contractor will do it. The DOC is the contractor's customer, after all. They'd rather please them than be fair to you, or even to give you the benefit of the doubt. Whether they made up a false allegation concerning you and an inmate, or whether they decided they just didn't like the color of the socks you wore to work that day, they can do it. They just tell the contractor, your employer that they do not want you there anymore. It's not an EEOC issue, it's not abuse, and your termination was not wrongful.

However, I agree with chyvan, the first minute you were put on suspension without pay, you should've filed for unemployment benefits. And week you are not working and not being paid, you may qualify for unemployment whether you've been officially fired or not.In fact you may not actually be terminated from the contracting firm. If not, and they do not have another work assignment to send you on, you likely are going to be approvable for unemployment benefits, regardless of the reason why you were suspended from your work assignment at the DOC. (Depending of course on your monetary eligibility based on how much work for covered wages you have done in about the last two years. )

If the contractor, your employer does decide you're terminated, in other words, they only have the one client, they're not going to send you on any other assignments, and they respond to unemployment stating that they have fired you from their business for a valid misconduct reason, related to the DOC complaint, then you'll have all that to go into with them in the appeals process. How you were treated by the contracting facility employees may or may not be a factor. The unemployment system will ask you what you were told by the contractor, your employer, and you will tell them. Then they will contact the contractor, and they'll make a decision whether or not the contractor had a valid misconduct reason to terminate you.

But regardless of whether or not you are approved for unemployment does not mean, in any way, that you are or are not the victim of a wrongful termination. And in the experience and estimation of the many people here who are familiar with hiring and firing issues, based on what you have told us here, you aren't. Many people have misconceptions about what the employer can and cannot do to them and how they are to be treated on the job, and they only find out differently after it actually happens to them.
 
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Proserpina

Senior Member
Ok, maybe more of the story will help. But my company provides counselling services to the inmates at the prison. A majority of the correctional officers do not like us due to their belief that we threaten their job security (i.e. by us lowering recidivism by a negligible amount). So they give us a hard time all the time, making it harder to get through security in the mornings, giving us different rules and procedures than other staff of prison employees. One even made a statement saying, "I'm going to get these counselors out one by one." And one correctional officer filed a false report against me and the prison warden just takes their word as if it is law. I've had my supervisor, co-workers and inmates all speak up for me and my character but to no avail to this one correctional officer's report. The thing is they won't take an inmate as a witness for you, but they'll use an inmate as a witness against you. They've threaten the inmates that are my clients to send them to confinement if they don't tell the version that the warden wants, so basically DOC is using coercion and threat tactics to get their way. Problem is that this is hard to prove. It's a he said she said kind of case, the warden has acknowledged that, yet still is coming down on me with the full weight of his authority.


I'll just touch on the pay-day loan issue in case you think that was wrong, too. It wasn't. If they have decided to release you, they are within their rights to take the entire amount you owe even if you'd set up payments prior to this.

I'm sorry Cory, because every response in this thread is going to make you feel downright rotten but that's the reality of employment law in this country.
 

cbg

I'm a Northern Girl
Minor correction to the above. With VERY rare exceptions, they cannot deduct the entire amount of the loan IF that would take him below minimum wage times hours worked, plus overtime.

Cory, a wrongful term does not mean what most people think it does. It does not mean you were fired for something you didn't do; it means you were fired for a reason prohibited by law. So far, you've not shown any prohibited reason.

The EEOC will not address discrimination unless it is based in a characteristic protected by law. Again, you've provided nothing to suggest this is the case.
 

Proserpina

Senior Member
Minor correction to the above. With VERY rare exceptions, they cannot deduct the entire amount of the loan IF that would take him below minimum wage times hours worked, plus overtime.

Cory, a wrongful term does not mean what most people think it does. It does not mean you were fired for something you didn't do; it means you were fired for a reason prohibited by law. So far, you've not shown any prohibited reason.

The EEOC will not address discrimination unless it is based in a characteristic protected by law. Again, you've provided nothing to suggest this is the case.


Fairy nuff :)
 

CoryFSU90

Junior Member
I'll just touch on the pay-day loan issue in case you think that was wrong, too. It wasn't. If they have decided to release you, they are within their rights to take the entire amount you owe even if you'd set up payments prior to this.

I'm sorry Cory, because every response in this thread is going to make you feel downright rotten but that's the reality of employment law in this country.

I get the pay day loan, they need to collect on the money owed to them. If I'm suspended, I can no longer fulfill my obligation to pay on a monthly basis. Fine. Thanks for explaining the situation and how it works. I guess fair or just isn't always synonymous with legal.

Only kidding, but I kind of wish I did actually have a relationship with this inmate so their actions would be valid and I would be punished for something I didn't do. But it is what it is at this point.
 

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