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| Oh No She Di-N |
| Monday, March 17, 2008 |
I got in touch with the HR lady with my old company today. I asked her had they looked into my termination and made a decision. Her response (and I'm paraphrasing): After review, I found we have had several similiar situations in the past where an employee employed a relative or friend in a situation where they were responsible for reviewing invoices or time cards, and all were handled in the same manner as your termination. So we do not feel you were terminated wrongfully.
I said "Really?!?" (with sarcasm) "And the situation in Warner Robins where the manager is employing her brother-in-law?" She said she couldn't discuss other people with me, as she wouldn't discuss me with others.
So I closed the conversation by saying, I would like a copy of the Operations Manual where this "company policy" is supposedly written, and a copy of the documents where I signed saying I received an Operations Manual (because the only manual I signed in receipt of is a "Policy Manual" which doesn't list it as a policy.) I also told her, she would hear more from me. (In the form of a law suit, but she doesn't know that.)
And then she said....(and I quote; no paraphrase here) "If there is anything else we can help you with during this transition, let us know." ARE YOU SERIOUS!?! You fired me on bogus grounds, refuse to look into it. And then offer to help me during my "transition." She better be glad that conversation took place across state lines, because I was just pissed enough to do something stupid at that moment!
Immediately after hanging up the phone, I downloaded the EEOC form to file a claim, filled it out and stuck it in the mail to the Atlanta Office. Oh...she'll defininately be hearing from me!Labels: eeoc, wrongful termination |
posted by Stephanie @ 5:46 PM  |
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| The Clock is Ticking! |
| Tuesday, March 11, 2008 |
We'll time is almost up for my old company to make a decision. Thursday will be 3 weeks since I spoke with Human Resources for my old company. Remember, I told her I would follow up with her in 3 weeks because I thought that was plenty of time for her to investigate my termination and make a decision as far as wrongful termination and discrimination. As of today, my old boss still has a job, which tells me one of two things. Either they haven't bothered to look into the situation, or they aren't going to.
I have already talked with the EEOC (Equal Employment Opportunity Commission) who has said based on my information I have grounds for a claim. This doesn't mean I will win the claim. Filing a discrimination suit is different than just filing a law suit. In State and Federal Court, any one call file suit against anyone (or thing for that matter). If the suit is frivolous, then it is dismissed, or a ruling for the defendant is given. But to file a discrimination suit, you first have to file a claim with the EEOC, and then file suit. But you have to basically have permission to file a claim. If I don't like the answers I get from HR on Thursday, then I will file a claim on Friday.
I haven't told them I was going to file a claim, because my intentions are not to sound threatening. My intention is to resolve this outside of court. If that can't be done, then I will have no choice but to use the court system for what it is for...justice.Labels: discrimination, eeoc, wrongful termination |
| posted by Stephanie @ 10:31 PM |
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| I got THE phone call |
| Friday, February 22, 2008 |
Last night I was out with some friends for "Diva Night" at our local pottery store. We had just met up to get dinner to take with us when my phone rang. I was actually sitting with my parents because they had choosen to eat at the same place, and I was waiting on the other 2 girls. I looked down, and to my surprise it was the number to home office for my old company in Greensboro, NC. Since I have been trying to get in touch with them for 2 weeks now, you bet I answered it.
I maintained my composure, and explained to the human resource director that I was calling to dispute my termination and the circumstances surrounding my termination, and to file a complaint withtheir office regarding Amy (my old regional manager). I explained Amy's "reason" for firing me, and what had really happened, and as I have done from the beginning, explained that if it were truly against company policy to employ Damian as a vendor then I apologized, but since I had received permission from my direct supervisor, I was not aware I was violating any policy or procedure. But I did understand that knowledge of the policy or not that if it was a policy, then I maintain that I did violate it under those circumstances. (PAUSE! Don't you hate when you think you have tea in your cup and take a big swig only to realize it's Diet Coke? Okay, sorry, that just threw me off for a minute!) I am not going to go into this denying I did anything wrong, because if it really is against company policy, then I was in violation....I own up to that, but what I expect is for my regional to own up to approving it, and that she too was in violation. Neither violation (in my opinion) worthy of termination.
I mentioned the other day that I recently heard another manager had hired her daughter as a leasing agent. There is some question as to whether or not that is true. I have had several reputable people tell me both positively yes and positively no, so that bit of information really is mute at this time. But as I am on the phone (and I think this part should be in bold because it is the crescendo of my conversation)I suddenly remembered that a manager down in Warner Robins and the maintenance tech for that same property are brother and sister-in-law. Keep in mind Mary (HR) has already told me she believes the policy states that no manager may employ their spouse or any other relative as an employee or vendor on their property. My mom's, who is sitting across from me, mouth dropped, and eye brows raised when I said that. And I told HR that it was not my intent to get these employees in trouble, but to simply state that they too are in Amy's region, so she has to have ongoing knowledge of this, and have approved it. The HR lady was floored. She couldn't believe it when I told her this.
The conversation was basically left at this. Mary will be conducting an investigation into the basis of my termination, the approval of the situation down in Warner Robins, and if it is determined that Amy was bending the rules for her benefit and not consistent in upholding the policy then she will be let go, and I will be returned to my position with the company. I told HR I would follow back up with her in 3 weeks, since I felt that would be plenty of time to conduct such investigation and make any necessary changes.
Now say your prayers, and sit back and watch God work!Labels: wrongful termination |
| posted by Stephanie @ 10:15 AM |
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| Don't Make Me Beg....I will do it! |
| Friday, February 15, 2008 |
Since January 30th I have been "temporarily" working for a local management company. They had a job for me for the month of February only. They have already hired a manager for the property I am filling in at, but she can't start until March 1. So for 17 days I have worked for this company...and I have to say, I really like working here. I mean, REALLY REALLY like it. The property is only 108 units (I had 220 before), I'm the only person in the office (There were 2 others before), but life is just easier here. It's quiet here. Nobody is setting buildings on fire. No one is stealing cars, or breaking into apartments. The kids are busting the door to fitness center. It's just nice here. I want to stay.
 On a side note, I have tried to contact Human Resources for the old company to "tattle" on my old boss. I am going to demand my job back. I don't actually want it anymore, but I'm still going to demand it. My plan is to get her fired, set my assistant up for a promotion & find me another job with another company or property. I really didn't realize how demanding that job was until I left. So I really don't want it anymore. But I want things done the right way. So even if I get my job back, I'm going to quit soon after.
Well, that's it for now.
Damian got me flowers yesterday. First time in our 2 year relationship....it's about time!Labels: job, new job, Valentine, wrongful termination |
| posted by Stephanie @ 10:41 AM |
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| After Speaking with an Attorney... |
| Monday, January 21, 2008 |
New letter. I'm not going to be threatening in any way. We will see if I get my job back. If not....then I'll press charges against Amy because I found out the penalty for violating the FLSA (Fair Labor Standards Act) is up to a $10,000 fine and criminal charges, plus penalties to the company. The new letter is the same letter, just minus the "ha ha...I've got dirt on Amy" part. I doubt I will get my job back, but they will certainly remember they had the opportunity when they get served. I am deleting the first letter & editing the second one to protect my law suit.
On the bright side, since I am now living with my parents (rolling eyes), I now have internet. So, I will be rejoining the blogging world again! I'll definitely begin trying to catch up on everyone's blog.
But for now. It is 10:45p.m. I began packing up at 7:30a.m. and just sat down. I'm moved...and exhausted.Labels: flsa, lost job, moving, wrongful termination |
| posted by Stephanie @ 10:41 PM |
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| Letter to HR |
| Sunday, January 20, 2008 |
Dear Mary:
I am writing this correspondence as a result of my recent termination of employment from ABC Company on January 18, 2008. This is my attempt to have the matter resolved and corrected.
As the manager for Wood Apartment Homes, I was approached without warning on January 18, 2008, around 4:30p.m. by Amy and Lacy. I was told I was being terminated due to violation of company policy and procedure. However, after reviewing the policy & procedure manual, it is evident to me that there is no such policy against what I was accused of.
In 2007, on several occasions, Damian, did work for Wood Apartments. He painted several units, pressure washed the breezeways, and striped the parking lot. Damian is my boyfriend, and that was made known to Amy prior to him doing any work. She and I had previously had a conversation about Damian doing work for Wood Apartments. At the time, he was living in Texas and I was living in Georgia. We were discussing who would be moving where. Amy, in attempt to get me to stay, agreed that it would be a great idea for Damian to paint at Wood Apartments, since that is what he was doing in Texas. Over the summer, Damian did work for Wood Apartments for 2 months, prior to returning to Texas to finish several jobs he was already contracted to do. He returned in October, and began working for Wood Apartments again.
Because it had previously been approved by both Amy and Mark (per Amy), there were no further conversations in this regard between Amy and I.
On November 12, 2007, I went out on disability due to cancer. I underwent four surgeries, and returned to work on January 7, 2008. I kept in contact weekly with Amy (sometimes more) about my illness and recovery. Sometime during that period she emailed me letting me know that Wood Apartments would no longer be using Damian to paint, and that I did not have permission to have him do so. I have email correspondence in this regard.
Two weeks after returning to work I was let go. The grounds for termination were violation to company policy and procedure. However, there is no policy or procedure listed in this regard.
This was my first and only offense with the company. I was offered no severance pay, and my insurance was terminated immediately. I understand that Georgia is an “at will” state. However, being terminated for violating a rule that isn’t a rule is not valid grounds for termination.
If this is truly an “unwritten rule” then at the most, it should have been addressed by coaching. Instead, I feel that Amy took personal vendetta against me, terminating me without cause.
It is my intention to follow this issue through, as I feel that ABC Company is a great company founded on strong moral standards, and do not feel that my termination is a true reflection of the company.
In addition, I would like to report a TRUE violation of company policy and procedure making you aware of an incident that occurred on January 18, 2008.
//edit// (I deleted this portion to protect my future lawsuit, but this is where I explain just what my "boss" did that was both illegal and certainly against company policy.) //edit//
Again, I state my intentions of this letter. I would like my employment with ABC Company to be reinstated on the basis that the grounds for termination were invalid (The position, has not yet been filled). I would like restitution for any days missed because of the termination, as well as any expenses incurred from the cancellation of my insurance and being forced to move from my home. I also would like the proper steps taken in response to the disregard of company policy shown by Amy.
Please feel free to contact me with any questions. I will expect a response within seven (7) days of the date of this letter.
Sincerely,
Stephanie
Enclosures
CC: My AttorneyLabels: lost job, wrongful termination |
| posted by Stephanie @ 11:25 AM |
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| About Me |
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Name: Stephanie
Home: Macon, Georgia, United States
About Me: Holy Crap I will be 29 soon! My friends and I are creating a before we turn 30 bucket list...hmmm what to add?
See my complete profile
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