• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

wrongfully terminated

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

lil96

Member
What is the name of your state? VA
I feel I was wrongfully terminated because;
Last May when I was hired I was told I would start at 9/hr and within the first 3 months I would go to 10/hr. At the 3 month mark, there was a meeting (not about my job, but a general wellness of the company meeting). At that time it was said (which embarrassed me because it was in front of people who didn't even work for my company) that I would get a raise to 9.60/hr, which I was grateful for but still disappointed because they had said 10/hr. So in November I wrote a letter thanking them for the raise, but adding that I would like more. This made the branch manager very angry and she told me "you are not going to back me in a corner like 'Daniel' did, you can walk out that door before I will give you more money.” I told her I was not demanding just asking, she got really rude and started cussing at me, so I hung up the phone, finished my work day, came back in the next day. My direct manager told me that they would do appraisals in February and at that time I would get a $1 raise (bringing me up to 10.60) February came and went, no raise. I had a vacation scheduled in March, and I came back on the 21 which is when I got my raise--10.19--not 10.60 as was promised. So last week I read in my horoscope that I would get a raise, so I jokingly asked my managers, the direct manager sort of laughs it off, at that time I had not talked to the branch manager. Then I am looking at a list of people who work for us and their wages (NOTE I was not being nosy, I work for a staffing service and this is a report which I have to run all the time which says which people are working and what they make.) I notice that someone who had been hired in after me was making .05 less than me, which that is fine, but this person got a raise in Feb. and in April, which I was told we were not allowed to do that. Then about that time, the branch manager calls and says I should keep my nose out of other peoples business and that she is tired of this subject coming up, she will be in a Tuesday (Monday Memorial day) to talk to me about it.
Later she calls back and says se will be in in a little while to discuss it.
When she gets there, she says she is ending my assignment due to my performance because the money keeps coming up and I will never be satisfied there --which my performance has never been an issue, they always tell me I am doing a great job!
I filed for unemployment, but I worry I will not get it because they said it was a performance issue (which it wasn't) and also I worry I won't get it because they will make up a performance review--which I know they have lied about before when giving VEC conference calls. How do I prove that?
What can I do?
Thanks!
 


mlane58

Senior Member
There is nothing you can do. Your post doesn't remotely suggest that there was a wrongful termination as no laws were broken in terminating your employment. Unless you had a bona fide contract clearly stating a raise within a certain time frame or you were part of a collective bargaining unit, an employer is not obligated to give you a raise at all. I probably would have ended your employment as well for you constantly bringing up the matter of raises.
 

Beth3

Senior Member
Being fired for poor performance does not bar someone from collecting UC benefits unless the employer can demonstrate the poor performance was willful, which is very difficult to do.

As to being wrongfully terminated, I don't see that you have a claim. It's far more likely than not that any statements made regarding future pay adjustments did not amount to a binding/contractual agreement. They weren't happy with you and you weren't happy with them. Their deciding to terminate your employment was not unlawful.

Better luck on your next job.

P.S. It is seldom a good idea to make the argument that you should be paid more because of what other people are being paid. Using your access to the wage report you run to make that argument was unprofessional. That doesn't mean I condone how your employer handled the entire situation however. They were unprofessional as well but that's not illegal.
 

lil96

Member
The only reason I brought up the report, is because she kept saying I was nosy, even though I had not said anything about that person or their raise, until after she had already told me I was ended.
I guess I just can't believe how much they would lie to me. I gather from what you guys say it is ok to lie and tell your employees they will make more money, but never give it to them.
 

fairisfair

Senior Member
lil96 said:
The only reason I brought up the report, is because she kept saying I was nosy, even though I had not said anything about that person or their raise, until after she had already told me I was ended.
I guess I just can't believe how much they would lie to me. I gather from what you guys say it is ok to lie and tell your employees they will make more money, but never give it to them.

well, you gather a little too much, you asked for legal advice and you got correct legal advice, obviously what you were really looking for was for someone to agree with you. Keep looking.
 

turbowray

Member
yes

yes it can be done,work can say they will pay you more and not do so UNLESS it is in writing. Sorry but everyone here is being truthful to the facts...good luck in your next job!!
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top