I want My Job Back... Wrongful Termination?

This is a discussion on I want My Job Back... Wrongful Termination? within the Hiring, Firing, Wrongful Termination forum, part of the LABOR & EMPLOYMENT LAW category; Hi I'm new here I apollogize for the long winded post but this is driving me Nutts!! I know about ...

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Old Jun 25th, 2009, 06:22 AM   #1
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Angry I want My Job Back... Wrongful Termination?

Hi I'm new here I apollogize for the long winded post but this is driving me Nutts!!
I know about will to work states I live in one. HOWEVER I worked for Macy's and they have certain policies that have to be followed nationwide in terms of Termination procedures. one thing they pride themselves on is consistant treatment for all employees and that is where they failed me.

I was recently fired from Macys after 11 years for Time and attendence issues resulting from my son's illness as well as my own, my son has a congenital heart defect and I have Post traumatic stress disorder/major depression

Macy's was clearly made aware of the situations as I submitted full medical files on both my son and myself. as a direct result of this I was Tardy/absent periodically I was written up and put on a "final warning" even though I provided Doctors notes I was told that in order for any absences/tardies to be excused the notes would have to say the appointments were "critical" or "emergency" I was told I would not be further disiplined if I complied with this request which I did 100%.

Well I was fired anyway and the kicker is there are SEVERAL other employees at my store that have well past the number of late occurences that "qualify" them for termination but they have yet to be disiplined, for example a coworker from my department was late enough times to qualify him for a "final warning" but he never was put on one he was late many more times after the fact and still works there! even my direct supervisor saw the inconsistancy and took it upon himself to look at other stores in our district and found several employees who had well past the number of tardies but were still employed.

At any rate macys has a 3-step appeal process in which grievences are investigated by company executives from other districts I prepared a through "case" and submitted it. I felt that if they pulled the time records for our store the inconsitantcies would be obvious especially with a direct coworker having not been cited even though he qualified. well I lost the first appeal the next "step" is for the case to be examined by an investigator at Macy's corperate headquarters if that fails I have the option of going to arbitration with the American Arbitration association.

My former supervisor seems to think my best chance lies with arbitration because they are not Macy's employee's and they would ask to see the proof in black and white i.e the time records for the store and not just take somones word that they were infact being consistant, I guess my question is would I be better off going to a Lawyer now or just wait to see how the arbitration plays out does anyone know anything about the American Arbitration Association? any opinions about my situation would be greatly
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Old Jun 25th, 2009, 12:27 PM   #2
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Default Re: I want My Job Back... Wrongful Termination?

Unless on FMLA you can be terminated for excessive tady or absence. There is no "wrongful termination". "Wromgful Termination" is a firing that violates law, cba or employment contract none apply here. Furthermore there is no law that says that macy's has to abide by thier policies or even be fair about it. If your familar with "at will" then you should know this. I am sorry this has happened but there is no action you can take
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Old Jun 25th, 2009, 01:54 PM   #3
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Default Re: I want My Job Back... Wrongful Termination?

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Originally Posted by sunlover View Post
Unless on FMLA you can be terminated for excessive tady or absence. There is no "wrongful termination". "Wromgful Termination" is a firing that violates law, cba or employment contract none apply here. Furthermore there is no law that says that macy's has to abide by thier policies or even be fair about it. If your familar with "at will" then you should know this. I am sorry this has happened but there is no action you can take
are you a lawyer?
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Old Aug 10th, 2013, 06:10 PM   #4
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Default Re: I want My Job Back... Wrongful Termination?

this basically means the public that shops at MAcy's needs to be aware of this . We must hurt them in the pocket. They exercised this at will policy on my college student daughter using lack of attendance credits as the reason. Never allow her to get a copy of her personal file. to proove that she had no credits and when she went o HR to get the proof the HR rep just happened to be out for several hrs. She never got a warning. There have been countless times that she has covered other peoples shifts worked over time trying to make money while in college and they don't even care. I will never feel the same about shopping at macy's again

SAD .sad sad..
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Old Aug 10th, 2013, 08:35 PM   #5
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Default Re: I want My Job Back... Wrongful Termination?

Macy's operates no more immorally than most other companies. The problem is OP and apparently you, are personally involved in this type of issue. The fact is, they cannot afford to keep employees that do not keep to their scheduled hours on an regular basis. Their business model does not allow stores to schedule extra employees, planning on people not showing up. It is unfortunate that OP experienced so many issues in her personal life, that it is disrupting her ability to work. Perhaps she was successful with SSDI.
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Old Aug 10th, 2013, 10:23 PM   #6
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Default Re: I want My Job Back... Wrongful Termination?

This is an old thread, but illegal termination, at will and right to work are often confused.

At will (everywhere but Montana) means just that - your boss can wake up on the wrong side of the bed and fire you. Their own "policies" can be ignored or overlooked. You have the same right - you don't have to give a reason or notice. (All this assumes you are not covered by a contract, union, or some other CBA).
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Old Aug 10th, 2013, 11:12 PM   #7
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Default Re: I want My Job Back... Wrongful Termination?

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This is an old thread, but illegal termination, at will and right to work are often confused.

At will (everywhere but Montana) means just that - your boss can wake up on the wrong side of the bed and fire you. Their own "policies" can be ignored or overlooked. You have the same right - you don't have to give a reason or notice. (All this assumes you are not covered by a contract, union, or some other CBA).
Absolutely right.

The only wrongful termination is that which is contrary to law or employment contract. While a termination may be unfair in one's view, it is not necessarily illegal.
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