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Old 04-17-2009, 06:40 PM   #1
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Default A question for anyone who has been fired.

My girlfriend was just fired from her job at a non-profit in NYC. She had been there 92 days. The probationary period is 90 days. Her boss fired her in her probationary review meeting. She was never late, drunk, lying, stealing, etc. Nothing you would expect immediate dismissal for. Her boss did not like her and they disagreed on things quite often. Again, though, she was never rude or insubordinate. She was also given zero warnings that she might be fired (the handbook states you will receive a written warning about your job being in danger before you're fired). You are also supposed to receive two weeks notice but the boss fired her today and told her not to come back. In the review before she was fired, the boss even acknowledged that performance wise she did the job well. Do you think she has any avenue for appeal here or grievance? I've always worked for government so I don't really know what rights you have in the private sector. It seems like the firing was totally personally motivated and arbitrary and not in line with their policies. The only reason the boss gave for the dismissal was that she didn't think my GF was a good fit there.
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Old 04-17-2009, 06:43 PM   #2
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I dont know the laws in NY, but in Utah you can be fired for giving the wrong person a crossed eyed look.
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Old 04-17-2009, 06:47 PM   #3
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Is NY a "right to work" state? In NE, you can be fired for any reason without recourse.
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Old 04-17-2009, 06:48 PM   #4
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She might have a case since her boss admitted that her performance was satisfactory.

Best bet is to consult a lawyer that handles labor issues. They are usually free consultations so you don't have anything to lose.
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Old 04-17-2009, 07:07 PM   #5
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Is NY a "right to work" state? In NE, you can be fired for any reason without recourse.
no, it is not a right to work state
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Old 04-17-2009, 07:32 PM   #6
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God damn, yo really don't have any rights without a union. The only other thing is that she was often asked to work more than 40 hours a week and was not compensated for that time. I don't know how she could prove that though.
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Old 04-17-2009, 07:43 PM   #7
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The smart thing would be to take it to a lawyer. There might be some free resources in your area. Down here we have a guy on saturday talk radio that offers simple legal advice to callers maybe you have something like that.
On a side note I actually just got laid off today. Totally out of the blue; it realy sucks.
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Old 04-17-2009, 07:46 PM   #8
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Georgia is an "at will" state.... they don't have to give you any reason to fire you. Bossman can walk right up, tell you to get your things and leave. About the only thing you have in these kinda situations is some kind of discrimination case.
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Old 04-17-2009, 07:55 PM   #9
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Originally Posted by Fidgitk View Post
The smart thing would be to take it to a lawyer. There might be some free resources in your area. Down here we have a guy on saturday talk radio that offers simple legal advice to callers maybe you have something like that.
On a side note I actually just got laid off today. Totally out of the blue; it realy sucks.
I'm sorry to hear that. It does suck, especially when you didn't deserve it. I think we'll take your suggestion.
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Old 04-17-2009, 07:58 PM   #10
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OP: Just shitty all around. It's not fair, but well within their power. In Texas you can get fired for anything.

Fidgitk: I listen to the same show...good stuff, along with the car guys on Saturday mornings. Sorry to hear you lost your job.
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Old 04-17-2009, 09:46 PM   #11
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Man that really sucks. As previously stated, the best thing to do is check with a lawyer to see if there is any recourse. Things are even getting bad here, my company shut down its recruitment center a month ago, they where hiring 500-800 people a week. Now the scuttlebutt is a 20% reduction in force with in the next 60 days. I don’t think my job is on the line this time, but only time will tell.
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Old 04-17-2009, 09:58 PM   #12
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OP: Just shitty all around. It's not fair, but well within their power. In Texas you can get fired for anything.
As was the case with me.
But it's alright, I have my current career waiting to go, right after I milk that last penny from unemployment.
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Old 04-17-2009, 10:31 PM   #13
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they dont need to have a reason to fire you in florida either called a "right to work state"
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Old 04-17-2009, 11:18 PM   #14
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NY is an at-will state. basically she is SOL unless she sues them for wrongful termination... which it sounds like it isn't. unless the guy asked her for a ******* first.
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Old 04-18-2009, 04:07 AM   #15
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It sounds like she is out of luck. All he said was not a good fit. Can't really get anything discriminatory out of that. And that is the only way to make a case in an at will state. If she wasn't compensated for overtime, however, you can definitely get that (waaay illegal not to pay overtime)...if she was on hourly wages, if salaried...nothing.
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Old 04-18-2009, 05:43 AM   #16
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A lawyer will do nothing but cost you money, and what would you get out of it? You surely worn't get any money. I'd say suck it up and deal with it (not being a smart ***). **** out of luck. Unless you have a strong discrimination case, which even then its tough, you have no chance of getting anything but wasted time and money on you and your girlfriends part.
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Old 04-18-2009, 08:21 AM   #17
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overtime)...if she was on hourly wages, if salaried...nothing.
She was salaried. So, damn. Maybe in a couple months I'll just give the boss a random beating. That always makes things better.
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Old 04-18-2009, 08:25 AM   #18
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I'll just give the boss a random beating. That always makes things better.

That's the way John Wayne would have done it.
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Old 04-18-2009, 10:18 AM   #19
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She can't get anything in the job, but in Texas she is entitled to unemployment benefits.
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Old 04-18-2009, 11:37 AM   #20
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she's probably entitled to unemployment everywhere.

oh and the two weeks thing is more custom than rule/law. just like severance.
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