Was just fired for the first time in my life.

[Far from massive]

Whats up everyone.

I work/Worked, doing building maintenance at a subsidized rent housing development for seniors. About a week ago one of the residents was found dead on a Monday...he had died of a hemmorage the previous Friday. Before leaving work one of the Spanish girls who works doing cleaning came up to me in tears...seems the property manager and maintenance supervisor wanted her and two coworkers to clean the blood and feces off the bathroom floor and out of the carpet, using a carpet extractor ( IE wetvac with no filter ). They had given her a disposable dust mask and gloves but no eye, ear or other protective gear...not to mention she has no training in dealing with body fluids.

I advised her to refuse to do the cleanup to which she said she was scared of being fired. I then advised her to tell the supervisor of maintenance and the property manager that she did not want to do it but would however she would see her doctor after work to see if she needed to take and precautions like antibiotics or antiviral agents to help protect her from infection from bloodborn pathogens/fecal matter. The next day another staff member who found the body asked me how I was doing. I told her I was pretty upset they had sent the 3 of them in without proper protection.

So fast forward 4 days and I am being fired for endangering the health and welfare of another employee, because I did not stop her from doing the job or report it to my supervisor ( the maintenance director LOL) well fact is I have been trying to get both my maintenance director and well as his predecessor to not use a wet-vac for anything like this due to the fact that this will aerosolize the material and spread it throughout the room.
Naturally the boss wrote a letter where he says that I violated some subsection of a policy on page 26 of the employee handbook..but if you read his rambling termination letter it becomes pretty clear why I was really fired.
Anyhow thanks for allowing me to vent….should I simply apply for unemployment or pursue legal actions for wrongful termination.

FFM

PS will work for food...however it must be a 40/40/20 split.

[Razor]

How can you be fired for endangering someones life when you told them specifically not clean it up in the first place and were upset about them sending people in without protection?? That makes no sense. Sorry to hear about this. What a bunch of clowns

Sue the, for wrongful termination and get the unemployment

[Dpyle]

I say do both. File for unemployment so you have some kind of income while you Persue the legal aspect of this matter. At least talk to a lawyer and see if your case is really worth pushing. A decent lawyer should be able to tell you that based on the termination letter and events surrounding the matter. Plus if you can seek any kind of damages you should be able to find an attorney that will take the case for a % of the claim thus costing you nothing really in the end.

[Shol'va]

Obviously you are an emotional mess. seek psychological counseling at once. Ask your doc for anxiety pills as you are totally stressed from this trauma. Then seek out great attorneys' Dewey, Cheatum, And Howe!

[Times Roman]

It happens. I've been fired before. Most recently, it was illegal. So i called the IRS hotline. They came in and did an audit after i was gone. "Found" $1.5m the company was hiding in the financials, trying not to pay taxes on it. Good news I am entitled to between 1 and 25% of the recovery. Recovery of 1.5m at a 33% tax rate is $500k. It may take a year or two for me to get paid. But no worries.

[Shol'va]

It happens. I've been fired before. Most recently, it was illegal. So i called the IRS hotline. They came in and did an audit after i was gone. "Found" $1.5m the company was hiding in the financials, trying not to pay taxes on it. Good news I am entitled to between 1 and 25% of the recovery. Recovery of 1.5m at a 33% tax rate is $500k. It may take a year or two for me to get paid. But no worries.

Will you adopt me? Dad?

[Times Roman]

Will you adopt me? Dad?

will you scoop poop and mow the lawn, son?

[Shol'va]

will you scoop poop and mow the lawn, son?

No but I'll train the dog to pick it up.

[gearbox]

I would do both also ....especially sue!

["Maximus"]

^^^ Hahah! Nice comeback Sholva.. Papa TR got you good though!

OP, you should do both: file for unemployment benefits and file suit for wrongful termination. However, for a 'competent' lawyer to really have a chance of moving forward with your case substantial proof will be needed in the form of either the cleaning Spanish lady siding with you to testify, 'tangible proof' (pics, email communications, phone etc.) or have someone from management to testify in your favor.

If you happen to be located anywhere around here in South Florida, perhaps I could send you the name of a well known law group which specializes in cases like yours. Let me know.

[Vettester]

I just knew Shol'va would have something in his back pocket ... lol

[Times Roman]

^^^ Hahah! Nice comeback Sholva.. Papa TR got you good though!

OP, you should do both: file for unemployment benefits and file suit for wrongful termination. However, for a 'competent' lawyer to really have a chance of moving forward with your case substantial proof will be needed in the form of either the cleaning Spanish lady siding with you to testify, 'tangible proof' (pics, email communications, phone etc.) or have someone from management to testify in your favor.

If you happen to be located anywhere around here in South Florida, perhaps I could send you the name of a well known law group which specializes in cases like yours. Let me know.

AND be prepared to pay a retainer. A typical amount for wrongful termination (around here) is about $2,500. Very very few attorneys will take this kind of case on retainer.

Here's what we do. I'll front you the $2,500, and then we split the settlement right down the middle, 60% for me and 40% for you.

[Shol'va]

AND be prepared to pay a retainer. A typical amount for wrongful termination (around here) is about $2,500. Very very few attorneys will take this kind of case on retainer.

Here's what we do. I'll front you the $2,500, and then we split the settlement right down the middle, 60% for me and 40% for you.

Spoken like an attorney..

[steaknfries]

both, supposing your fellow employees will testify on your behalf.

[Razor]

Collect the unemployment and sue them till you get a settlement or you old job back or find a new one, but they need to be sued for wrongful termination. Ive seen plenty of people get fired for wrongful termination at my company, they usually win the cant get there job back or a good settlement. Just look up good wrongful termination lawyers in your area.

[Far from massive]

The damn trouble is I am not the sueing type...more the type to come on the web and vent and move on.


Note to all,

Really appreciate the support, I am talked to a guy today who used to work with us and moved on because the Exec Director was sharing information from bids on jobs with the competing contracotors so that he could give the job to whom he chose ...niceeee guy huh. Anyhow he spoke to another guy and I am supposed to call him tommorow on another postition so who knows I may be at another job by Sept anyhow.




Sholva, when you started in on that emotional wreck stuff, I was sure you were going to suggest some kind of twisted counselling session where I sit on your lap and physical trauma displaces the emotional distress.

[austinite]

Sounds like you were on the hit list before this incident. They were just waiting for any excuse to pinpoint something in the manual, true or otherwise. Sucks, sorry this happened to you. Make sure you don't sit on the couch for too long. And suing will not get you anywhere. Quickly getting another job will.

[Razor]

The damn trouble is I am not the sueing type...more the type to come on the web and vent and move on.


Note to all,

Really appreciate the support, I am talked to a guy today who used to work with us and moved on because the Exec Director was sharing information from bids on jobs with the competing contracotors so that he could give the job to whom he chose ...niceeee guy huh. Anyhow he spoke to another guy and I am supposed to call him tommorow on another postition so who knows I may be at another job by Sept anyhow.




Sholva, when you started in on that emotional wreck stuff, I was sure you were going to suggest some kind of twisted counselling session where I sit on your lap and physical trauma displaces the emotional distress.

They fired you for no reason though, even after you told them not to clean the mess up and especially not without protective equipment, then they want to hang the whole thing on your neck and send you off the plank. I dont believe in suing for stupid reasons like the neighbors tree is in my lawn, but this is a completely different matter, they fired you without cause. And you were the only guy to stand up say this isn't right whats going on.

[Far from massive]

I was actually really good prior to the new head of maintenance and the incident just gave them ammo. I have been there for 16 months and a month ago I recieved my yearly review and scored 96%. This is just another thing that would look really bad if I did appeal their decision.

As far as what Times Roman said, it would really be interesting to crawl up the Exec Directors ass with a microscope ( easy Sholva ) as he is bound to be as dirty as they come. They receive Fed funding and as such have to ensure all jobs are bid and pic the lowest. The Exec Director has twice been caught by our previous Chief Engineer sharing bid information with other contractors ( thats why he left) to allow the contractor he wants to give the work to be low bidder (sadly in both cases the contrators had failed to place the bids in sealed envelopes, which reduces it from a felony to simply immoral) however the 2 largest maintenance contracts are held by former employees....kinda makes you wonder if some money may not be finding its way under the table...

[songdog]

File for unempolyment then speak to a lawyer.

[Far from massive]

They fired you for no reason though, even after you told them not to clean the mess up and especially not without protective equipment, then they want to hang the whole thing on your neck and send you off the plank. I dont believe in suing for stupid reasons like the neighbors tree is in my lawn, but this is a completely different matter, they fired you without cause. And you were the only guy to stand up say this isn't right whats going on.

Yep that's pretty much the whole deal, they say I violated several other company procedures, however I can site dozens of time others have done the same without so much as a reprimand. Not to mention I have never recieved a verbal or written warning of any kind (prior to this incident) and as stated scored 96% on my yearly review less than a month ago. In addition the simple shyte I work for spelled out the entire process ( In the termination letter) of my actions and those of staff making only minor ommisions and slight falsehoods to make his exec staff look better but even in his words he clearly has painted a picture of reacting to protect his staff after they screwed up.

FFM

[Lunk1]

Yep that's pretty much the whole deal, they say I violated several other company procedures, however I can site dozens of time others have done the same without so much as a reprimand. Not to mention I have never recieved a verbal or written warning of any kind (prior to this incident) and as stated scored 96% on my yearly review less than a month ago. In addition the simple shyte I work for spelled out the entire process ( In the termination letter) of my actions and those of staff making only minor ommisions and slight falsehoods to make his exec staff look better but even in his words he clearly has painted a picture of reacting to protect his staff after they screwed up.

FFM

In some states (including mine) a private empoyer can terminate an employee for ANY reason and does not NEED a reason. By you own admission in the above paragraph you have violated company policy in the past. The fact that others have done it and gotten away with it without so much as a slap on the hand is not a sound argument. Due to some of these violations you MAY not even win an unemployment hearing if they requested one.

I would concentrate my energy on finding a new and hopefully better job. It sounds to me like this was inevatable anyhow!

[Razor]

Yep that's pretty much the whole deal, they say I violated several other company procedures, however I can site dozens of time others have done the same without so much as a reprimand. Not to mention I have never recieved a verbal or written warning of any kind (prior to this incident) and as stated scored 96% on my yearly review less than a month ago. In addition the simple shyte I work for spelled out the entire process ( In the termination letter) of my actions and those of staff making only minor ommisions and slight falsehoods to make his exec staff look better but even in his words he clearly has painted a picture of reacting to protect his staff after they screwed up.

FFM

Were is the proof you viloated other company procedure...there has to be paperwork they are required to show you. Even if there was verbal warnings which Im not saying there was, they will not hold up in court. At my place 3 verbals gives you a write up, 3 write ups, termination. But there has to be written paperwork.

This is a unemployment wrongful termination lawyers dream case

[Lunk1]

Were is the proof you viloated other company procedure...there has to be paperwork they are required to show you. Even if there was verbal warnings which Im not saying there was, they will not hold up in court. At my place 3 verbals gives you a write up, 3 write ups, termination. But there has to be written paperwork.

This is a unemployment wrongful termination lawyers dream case

Razor there are some Federal employment standards that govern employers but most are covered under state empoyment laws. Your situation could be a work place policy or something covered under a union contract (if you have one) but he may want to check and see what the state emplyment laws for where he lives are before he wastes valuable time and $.

[Razor]

Razor there are some Federal employment standards that govern employers but most are covered under state empoyment laws. Your situation could be a work place policy or something covered under a union contract (if you have one) but he may want to check and see what the state emplyment laws for where he lives are before he wastes valuable time and $.

Im no union. But write ups are essential if you are going to try and fire someone. Everything I read, he did nothing wrong but try to help people from getting hurt.

[Lunk1]

Im no union. But write ups are essential if you are going to try and fire someone. Everything I read, he did nothing wrong but try to help people from getting hurt.

Again I would respectfully disagree that a write up or warning or eaven a reason is essential in EVERY state. My wife was fired once because she was having trouble finding new accounts in advertising. The owners kept taking all of the good accounts like retail chains with money and expected her to feed on the poor little mom and pop places that simply could not afford expensive advertising. They appealed her unemplyment claim and we lost. Had to pay back the $ she had recieved. I am just saying that depending on where he is located while moraly wrong it may not have been illegal.

[Lunk1]

But for the record I do hope everything works out. I have been fired once for something I truelly did not do simply so the boss was banging the chick that wanted my job. It sucks to be fired. It hurt my pride!!

[Razor]

Again I would respectfully disagree that a write up or warning or eaven a reason is essential in EVERY state. My wife was fired once because she was having trouble finding new accounts in advertising. The owners kept taking all of the good accounts like retail chains with money and expected her to feed on the poor little mom and pop places that simply could not afford expensive advertising. They appealed her unemplyment claim and we lost. Had to pay back the $ she had recieved. I am just saying that depending on where he is located while moraly wrong it may not have been illegal.

theres nothing to disagree about, here we need write ups, were you live they might not. no biggie

[gixxerboy1]

if its a "at will "state, they can let you go for anything with no warnings

["Maximus"]

In some states (including mine) a private empoyer can terminate an employee for ANY reason and does not NEED a reason. By you own admission in the above paragraph you have violated company policy in the past. The fact that others have done it and gotten away with it without so much as a slap on the hand is not a sound argument. Due to some of these violations you MAY not even win an unemployment hearing if they requested one.

I would concentrate my energy on finding a new and hopefully better job. It sounds to me like this was inevatable anyhow!

Admission of guilt in not following some company stated procedure, restricting circumstances to the OP's case, does not prevent of pursuing this under 'wrongful termination' clause, regardless of the state you're living in. All relevant information pertaining the case will be reviewed by the judge. Only 'gross misconduct' evidence presented during the 'revealing' phase and accepted as factual by the court would throw this out the door.

It is up to you to go through the whole ordeal. So in this I'm with you.. it is far better to move on, and shift your energy towards better and bigger things if you have nothing to lose.

[Razor]

All of these is heresy anyways, unless someone is a Juris Doctorate, usually a consult is free with a lawyer and during that time he looks at the evidence to see if he has a case. Lawyers usually try not to take cases that they cannot win, bad on there record. So thats my best advice, talk to a lawyer. Sounds like you like your job too.

["Maximus"]

AND be prepared to pay a retainer. A typical amount for wrongful termination (around here) is about $2,500. Very very few attorneys will take this kind of case on retainer.

Here's what we do. I'll front you the $2,500, and then we split the settlement right down the middle, 60% for me and 40% for you.

There's a Spanish saying my wife tells me all the time.. "mas sabe el Diablo por Viejo que por Diablo".. "The devil is wise from old age rather than for how wicked he is" I believe is the right translation.. I understand better now how you've become so wise, Papa TR! Lol

[Lunk1]

if its a "at will "state, they can let you go for anything with no warnings

Exactly!!!

["Maximus"]

I'm not a lawyer.. a live with one! Though sometimes she tells me I could have become one; she hates me sometimes lol.

[RaginCajun]

Spoken like an attorney..

Nope, spoken like a CPA for an attorney!!! Probably Moses attorney!!!!

[GirlyGymRat]

Sorry to hear about this and the situation seems strange....sounds like politics in a family owned biz. When one door closes another one opens....often a better deal for you!!

[Times Roman]

if its a "at will "state, they can let you go for anything with no warnings

I've worked HR for a few years, so just wanted to say that before I say this.

I agree with you GB. Where alot of employers get tripped up in "at will" states, is instead of just handing a final check and saying thank you and good luck, instead, they try to come up with a reason why terminated. This can sometimes backfire, especially if someone is getting termd over something sensitive, and the stated reason for term is not valid, and THEN wrongful termination suits can entail.

[Rwy]

It happens. I've been fired before. Most recently, it was illegal. So i called the IRS hotline. They came in and did an audit after i was gone. "Found" $1.5m the company was hiding in the financials, trying not to pay taxes on it. Good news I am entitled to between 1 and 25% of the recovery. Recovery of 1.5m at a 33% tax rate is $500k. It may take a year or two for me to get paid. But no worries.

Wait wait. Can you explain this more?

This was a company you were an accoutant for and they fired you illegally?

TR do you mind if I pick your brain about tax questions in pms?

[Times Roman]

Wait wait. Can you explain this more?

This was a company you were an accoutant for and they fired you illegally?

TR do you mind if I pick your brain about tax questions in pms?

Yes, I was the corporate controller for the company. I refused to play along with the fraud, and they fired me illegally. They felt it was better to fire me than to cough up the tax payment for an additional $1.5m. So I called the IRS hotline. It's set up for whistleblowers, and you are entitled from 1% to 25% of the post audit recovery.

Yes mate. You may contact me. I'm a certified public accountant, well versed in US tax law. But a bit rusty since I don't keep up with it as much now that I am in the private sector.

[Rwy]

wow thats crazy

yea i dont have anything to technical but I will shot you a pm tomorrow!!!