Can I sue my job and Win for firing me and lying about the reason why they fired me?

by **kirklin** » Tue Dec 20, 2011 5:07 am

My question is regarding a termination from my employment. In short, I was working for a security company as on call security officer,starting Nov, 2010, while I was going to school as a full time student. Their policy is that as an on call officer, you cant refuse work, if so, then you are fired. Knowing that i was in school, They agree to work around my school schedule. On 4 to 5 occasions they have written me up for refusing work on days i was unavailable, at school..ect. In June, i told them i was going to be unavailable because i was leaving town, while i was out of town, they call me to come to work and since i couldn't because i was out of town,in which they was aware of, i was written up again,but not fired. When i got back, in Aug, 2011 i called to check for available work and my employer replied "we got you down as you quitting".....I said, No i didn't quit, He said Ok, let me check, I never heard from them until I applied for unemployment. They told unemployment they fired me for misconduct and list this days i refuse to work even though they was aware of me being in school or out of town. Do I have enough for a winnable case? And also does this fall under defamation of character? because of the misconduct claim and the lies about me refusing work when they was aware of me being unavailable....

by **matyas** » Tue Dec 20, 2011 5:16 am

no, do you have a written statement saying they will work around your schedule

by **orson19** » Tue Dec 20, 2011 5:22 am

no

by **benon** » Tue Dec 20, 2011 5:28 am

Unless you have something written down from your company as to why you were fired, they can say anything at any time.

The onus is on YOU to prove anything.

A previous company fired me for one thing and quoted something else at the unemployment appeal hearing. I had proof what they were saying was wrong, and so I won.

by **baigh** » Tue Dec 20, 2011 5:39 am

You can sue anyone for any reason. That being said, you need to contact your unemployment office and ask them how to proceed. I hope you have some written proof of all the promises that were made to you, you will need it. In future, beware of companies who hire you and offer to make concessions that go against their policy. What usually happens is there is a change in the upper management and the new guy will not honor what the old guy promised, or something similar to that. I wish you luck, and I would perhaps contact an attorney or call your local legal aid office and see if they can help you on your grounds for suing, as they will know best what can and cannot be done. Good Luck!

by **norwyn** » Tue Dec 20, 2011 5:44 am

Do you have anything in writing stating that they were willing to "work around" tyour school schedule? If you don't, you have no chance of success.
Why on earth would a full time school student apply for and accept any type of on-call job? It seems totally illogical.
Many companies are now turning away school students as not being worth employing due to their commitment to their studies.
An employer is actually trying to operate a business and most employees regard their job as their #1 priority.

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