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I WAS WRONGFULLY TERMINATED

I was at Happy Valley Elementary School for 9+yrs. ,and I loved my Job there. When this New Principal asked me to do a job that normally took two people to do, and that was wiping down all the tops of the tables in the Cafeteria,and then expected me to do it along with my other responsibilities I had to do in just one hour . He knew that I had to have surgery on my both shoulders, and I told him that if he insisted that I do it, then he will be expecting a Law Suit. He then said to me, give me your keys and your are out of here.

Comments

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Sorry to hear about your experience Paul. Do you have union representation at that school job you can file a claim with? Sounds like an emotional response for both you and the principle. Is there anyway you can go back in and discuss another option with the principle? It would be a shame to loose a job you've held for 9 years over a misunderstanding. Think about it.

Scott JUsflag

UNIONS Are in the Pockets of the Business!!!

Read how this Veteran was treated by KRoger @hhc16th

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We're you a teacher?

janice ballard

Think it. over should have never said. anything about lawsuit

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We'll when you get fired I think the owner of the business sometimes they have the right to fired people because they just just want the business successful ,or the owner been self fish

Mark Lee

Unfortunately, with at will employment they can terminate you for any reason. I guess if you want to hire a lawyer and take them to court, you could try that, but I fear it would be to no avail. If you have a teachers union, you could follow those channels and see what happens. Good luck in any path you choose.

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At will employment is not carte Blanche to terminate an employee. Grounds for termination must follow the organization's policies and procedures. They must be fair and applied equally to all. The employee must be informed of these policies and procedures. Additionally, I'm pretty sure an organization such as a school district has an HR department that must investigate and rule that the termination is fair and legal. There are usually steps of discipline depending on the infraction. A off-hand threat of a legal action is pretty low on the scale. The employee stated that they needed shoulder surgery. Were they working under a restriction that the employer agreed to? There are too many factors to say that the termination is just from what was presented here. Consult an attorney.

Diana Lancaster Wilson

This is a true statement...in right to work states like GA they don't have to have a reason...I feel what your going through. I was working for. A nuclear facaility..loved my job and was also wrongly terminated and the reason they gave me was cause.... it hurts your feelings when you have giving nothing but the best and 150 Percent for the past 5 1/2 yrs. With understanding yearly reviews . I'm truly sorry and sadden you have to go through this as well...I am still seeking work after 2 1/2 MO the and still no unemployment coming in. GOOD LUCK....I will keep you in my prayers.

Raymond meza

I'm not agreeing with what happened..but to even joke around about a lawsuit is taught to managers leaders and superviors as immediate termination...

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A fellow Jobcaser

...WOW---did Not know that....

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Raymond,

I have been a Manager/Supervisor for over 15 years and saying you will pursue a Law Suit has never been grounds for immediate termination. As an employee, you have the right to file and E.O.E complaint or file a lawsuit to settle any grievances you may have. In Paul case, I would need to read his employee handbook. Most state and federal institutions have progressive type discipline that has to be followed by Managers against employees. Depending on Paul situation he might have a wrongful termination law suit and should seek legal advice.

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Not true. Especially when you are part of a union. When in a union, one cannot be coerced, forced, threatened.

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You did right,I hate people who try to make life harder than what it already is,n they wonder why they so miserable,God bless I pray everything work out,stay strong...

Aaron Langston

Contact the teachers union

Lisa Crawford

Hey Mr. Paul what do you get out of asking people their opinions? You have already decided or have taken action on what to do. These options of other and even myself don't matter. God will guide you to what is best for you. Good luck.

Catie M.

God also helps those who help themselves. OP is likely looking for some sound advice or shared experience, that's one of the reasons these types of forums exist. Don't troll Lisa.

Jason Brown

Lisa, there is nothing wrong with him getting advice . Easily someone may have had the same problem and could point him in a better direction. I'm sure God's counting on us to help each other and last I checked God wasn't really into reading Forums.

Lisa Crawford

Well I am truly sorry if comment offended some people. I was just asking the question only because sometimes others opinions are not of your own. But if five out ten people say the same opinion you have now you have made a decision. But not of your of others. Everyone have a blessed day, best of Luck Mr. Paul I hope you find your answer.

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Lisa, sometimes helping himself is through helping others. For both you and Caitlin, God has nothing to do with this, no offence, it's all us. and that quote, God helps those who help themselves Is why the poor are beaten down by the rich.

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God speaks through people,thats why we are called the body of Christ,we can use sound advice from others as well.

Darryl Hardley

Hi, this is Mr. Darryl I have experienced that before after working for this company 2yrs. Never late , never called in , worked with no help sometimes without a heads up. No raise just promises. Came to work sick and worked the whole day as a truck driver. Got terminated because I was in route and taken on sickness at my destination. Took me a while to get myself together to head back. I called to inform that I had gotten sick at the place. So when I did get back all I got was negative responses that I was late getting back. Not are you okay, are take the rest of the day nothing. I get a call on Sat. A day after saying we want to me with you Mon. 12:00 noon. Get to meeting early sat down and was asked some questions that I answered truthfully and was told they had to let me go. But pay close attention to this, come to find out 2 other managers conspired against me. Check this, never had a write up, verbal warning, or problems in 2yrs. I didn't give up or give in because I had an assurance that God had my back. Paul it's testimony time brother they proceeded with there agenda. So on that same Monday, this is key! I was terminated on that Monday and received a call on Wednesday to start a new job. But oh, that's not how the story ends, the raise, the promotions I never seen, the weekends I couldn't get to spend time with family or whatever, not being appreciated for the dedication that I gave to the company Paul. Paul I got it back and so much more Paul, I know what it's like to be tested, drug thru the mudd, being lied on and lie to but thru it all Paul you can make it! Don't you stop, don't you quit, and don't let no one are anything stop you striving forward! I am in tears right now! But these tears are for joy and gratitude. I hope that I was able to help you or someone else. Be Blessed! Stay Encouraged! Trust God! Take Care! Peace&Blessings! Mr. Darryl

Charlene Mayo

That's an awesome testimony ...

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Great testimony, but you are one of the exceptions, God had nothing to do with it. Although you can give him credit for your own hard work

jillian briggs

Great testimony praise God he is a restorer so happy for you brother in Christ God bless you on your journey

Sunshyne Mccrea

Awesome!

Dick Follis

Paul, threaten your boss with a lawsuit and you think that won't have repercussions? Not sure you're smart enough to teach.

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Isn't he the custodian at the school? I don't think he is a teacher....

Dick Follis

Your probably right Joe. Still no excuse with the many avenues available to him for arbitration.

Catie M.

Wow, Dick.

DeMarie Rossi

Not the best way to answer, Dick.

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Dick, that comment was not necessary.

J. Steve Farrah

Completely uncalled for and very rude, Dick!!

Charlene Mayo

Sometimes you have to pick your words carefully, even when you are right in the argument. If you were not physically able to do the task , communicate that but in a professional manner ... It's not always the situation that needs to change but how we handle and approach it .. You could have handled this a little better.

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Fight it,don't give up,take him to court.

Candice Meadows

I'm so sorry that this happened to you Paul. Unfortunately in today's job market there are many people that were placed in management positions with very little training, and minimal skills.
I remember being in the same position a few years ago.when I went to work for a printing company.. Not only was I was doing my job, but part of the managers mod too. And the last hour I was in the print shop helping them to box up finished forms for UPS shipping for that day. So as you can see I was proficient in whatever he requested of me. I got so angry that I turned around and asked him to hand me a broom so I could put it up my butt and sweep the floor in addition to everything else I was doing. Needless to say he wasn't pleased with the comment but everyone else was laughing so hard that he had to laugh as well, and after that we were on more level ground.
So basically you need to consider the circumstances. If you like the job then find a way to work through it. If you can't deal with his demands or attitude then you need to seek employment elsewhere. But find another job first, it's more of an even playing field if you know you are getting a pay check at the end of the week. Good Luck!!

Jennifer Weston

I've only been on this site a few weeks but I find it so funny that everyone who complains about wrongful termination always say how great, wonderful and dedicated they are to their jobs, I find this to be complete bs , I don't think we are even getting half the truth out of most of the stories.

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Don't be so judgemental. Yes, we don't get both sides of the story here, but just as you say these people can't all be right, they can't all be wrong either. For example, older, experienced workers are often victims of unfair termination in favor of younger, cheaper employees. (The EEOC knows this but doesn't have nearly enough staff to investigate all complaints.) Try to keep an open mind. If you can't say anything nice...

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I agree, usually the management meets a good employee halfway good meaning no previous negative information in employee file. Unfortunately there are real arsess unmanaged.ent positions, they eventually get canned long after 2 or3 good employees get fired

Jennifer Weston

Karen as I stated in my comments above I said most people r not honest in their stories not all, don't assume.

Charmaine Davey

On this site Jennifer all you get is whiners who always complain and look for sympathy...they are always the ones who are wronged and never own up to the fact that 9 times out of 10 caused their own grief by acting like fools...of course no one will agree because this is one big pity me party...they need to grow up and accept responsibility for themselves.

Mary Blecher

You know your right about one some people probably isn't telling the whole truth but there's a place and time to say stuff & if you aren't asking him directly if he's telling the full story, then don't get on someone post and make comments. This jobsite is all about looking for jobs & encouraging others. The reason why there are so many issues today is because people don't know how to keep their comments to themselves & then explain it another time. You yourself don't even know what goes on in people lives & u can't speak on something u don't know about. If it was me, and i didn't know God, then I would had hurt your feelings. People already going through issues they don't need people like u creating more problems. Learn how to lift people up instead of down.

Jason Brown

I will tell you right now what I did to lose my job was my fault I Road a railcar the wrong way and thats a no no . but guys who have caused more than 3 train derailments and caused more then 200k worth of damage got their jobs back after a year...but when my hearing came I was denied. lmao i tell you what though I'm gonna find I film director and put all their dirty secrets out I know them all....from managers showing up on duty drunk to manager horse play that caused a train man to shatter her knee. Yeah that manager still has his job. smh

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Until it happens to you, you will never understand.

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Jennifer, your comments are very true. What I have discovered over a short time period, are emotional and only half ass. Given this scenario, one must look at the comments and decide if it's really worth commenting on it. I have not answered many because the scenario is exceptionally one sided. You have to dig thru the chaff through other patterned comments. Another aspect of these comments is the reliance on God, Jesus Christ and other religious oriented comments. I'm now disavowing any of the religious standings. Human behavior is the key.

Dan Seruge

Jennifer, i agree with you. The people that write tbeir concerns never even tell us (readers) half of the story, from what Ive been experiencing so far. Every time i try to gather more information from him/her they never respond to my question. As if those bosses are firing them for no reason. Besides, we don't even know what it led for that . It's

Don Hetherington

I think you both overreacted during a very stressful confrontation. I would try to get an appointment with the principal. Explain that the added new job responsibilities made you say something that you regret. It is at least worth a try for a job you have loved for so long. You have nothing to lose by giving it a try.

Don Hetherington

Bottom line, learn from this and dowhatever you think is right for YOU! Nothing else says really matters in this time of situation.

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The threat didn't help you any. At that point you could of only done what you were capable of doing.

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Never issue threats in the workplace to anyone, especially your boss.
You give him little choice but to let you go.
No matter how wrong your boss may be you've got to learn to control your anger and make your point in a less threatening manner.

Dan Seruge

Larry,
That is not true statement. Especially if the manager is new and have little to no experience.

Charmaine Davey

You were not wrongfully terminated...you threatened a lawsuit against them ...just about any employer would have let you go at that point...why keep an employee who would bring the business grief instead of asking to discuss the situation...that termination you brought on yourself. No sympathy here!

Jennifer Weston

I completely agree, I get on here and read alot of these comments and it's just unbelievable, I myself was terminated from a job once years and years ago when I was younger and looking back there was several things I could have done differently.

Jason Brown

Charmaine your partially right I guess but what he did he CAN NOT be fired for on the spot. He violated no rules what so ever. If anything he save them from having a reported injury. The fact the principal is aware of his health had he gotten hurt the principal surely would have lost his job. Now if his employer wants to use his threat to build a case on him and get him for something worse later that would be ok but I think he was butt hurt and clearly abused his power. As for you Paul next time you want to make a threat say it in a way that doesn't make you sound like you don't want to do it... Im assuming what you told us wasn't Quote therefor you better bring a tap recorder and record what your employer has said to you, because it will be hear say and you will not win a case without something concrete. Bro he's a principal and I'm sure he's respected, and definitely knows people that will back him, he could easily turn what you said into something much worse and throw foul language towards him in there. Just cover your angles

Jason Brown

termination by the school board at a later time yeah his bad.....fire on the spot by the principal ....thats a no no ....Principal has made a mistake unless he has other things saved up against Paul's character this could come back to bite the principal.

Charmaine Davey

Jason...you do not know the rules of employment for his janitorial position...the principal is his boss, and no boss is going to stand for blatant insubordination from a worker, especially one who can easily be replaced...its not like he was a teacher at the school who would probably been under contract and has job protection...last time I looked janitors are not essential employees who can threaten their bosses without disciplinary action up to and including termination...if you work at will you do not have to follow ANY steps of disciplinary action...you can be fired on the spot for gross insubordination...which he was because he let his mouth get the better of him instead of using his brain and trying to discuss the situation with a level head...sometimes you have to carefully pick your fights...he did not...instead he now finds himself jobless because of his own actions.

Anita Matos

Sorry for your trouble Paul. Are there procedures to follow when you need a medical accommodation? If you followed them and you were fired you may have a case. If not , you were probably fired for insubordination. Best you could expect if you gave proper notice is your job back if you could handle the total responsibilities and back pay. If you have a case, the lawyers would tie it up for 3 years and probably offer a settlement. Not worth it. I would advise you to move on.

Leroy Watson

Sorry to hear about your job but I think it's should have been handled differently it should have been talked about before that came a choice 9 years is along time n you had been doing it that long with no problem he should have been trying to get u some help instead try talking to him see if u can go back seems like u really liked it give it another chance God work all things God bless you pray it goes along way

Mary Blecher

I may be new to the job world but i know for a fact some companies would pulled this stunt. Half of theses bosses don't care if u are hurting, if u can't do the job then they fire you. The threat didn't do anything to him but it should because what if u decided to do the job & end up hurting yourself? That type of boss are the ones u have to watch out for, u can't give someone a job that's meant to be for 2 or 3 people & suspect them to do the job. Its his job to hire more people so that you wouldn't be stuck doing all that work. Learb from this, another job will come your way

Jennifer Weston

mary......I also find it so funny u choose to get on my comment and try to get nasty , but that ok I won't say why I feel like u attacked me and not others , cough cough! and as for u hurting my feeling not in this life time girl friend .and I have every right speaking my opinion just like u do yourso no matter how invalid it may be.

Mary Blecher

Jennifer i just felt like your comment was just off key. People have been done wrong & u don't have a place to be judgmental what if it was u, someone would had came along & said the sane thing u had posted & then u would throw a pity party. That wasn't a nasty post cause i would had cuss u out or called u ugly names. Yeah u have a right to post whatever no one is saying u can't but trust & believe there is going to be someone that won't take your post nicely especially when its about them or other people. I don't like seeing someone posting something shady & judgemental. We get that some people don't tell the whole truth but in this case u probably should ask him if he was telling the full truth that way u won't that someone is attacking u cause u would know if I'm attacking u.

MATTIE Nail

Sometimes its best not to say anything&just suck it up.I was nominated for a award housekeeper of yr.&then made a complaint &went over mangers head&then 2 months later. I was a piece of shit employee who didnt get a raise&2 other emplyees complained about the same thing that i did &complained even more &they got thier raises.so sometimes its best not to saying anything because its about who they like more &nothing to do with good work athics

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Where are you from Paul? Indiana?

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Threatening to get litigious with your boss is foolish. Offer proof of your medical situation, via a doctor's diagnosis, is the right thing to do.
Get off the lawsuit train.

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Getting an attorney is the best thing to do, what do you mean ???? GET OFF THE LAWSUIT TRAIN????

Jason Brown

well put Suzanne

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Why don't you get an attorney that will help you fight this???

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Every thing happen s for a reason when a door close s another one opens when the truth is spoken people don't like to hear Lots of people had and have to fight for there rights and only you know what you went through .There is a God don't give up.people can be put in the position of discomfort that they put other's in we are all human and our health and sanity is very important.look into leader's being quiet sometimes works and sometimes don't everything happens for a reason.Don't quit we aren't super human.God will provide hang in there we all go through something.pray have faith psalms 23:1 the Lord is my shepherd I shall not want.God's is going to work in your favour.believe him it is done in Jesus name odettaanesehines@3gmailcom

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Been through same type of thing,job 10years at hospital,it's a procedure they call ;cleaning out the dead wood.they get rid of people that are making good money,and find ways to drive them out,or get them to quit,so they can hire new people,for less money,companies do this to save money,I think it's wrong people have to live.

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Mr. Lacus: First allow me to start off with stating I am not an attorney. Sometimes in life you are able to do what is asked of you and sometimes you aren't able to. The best way for me to handle that situation would have been to go ahead and perform the request if able. If you perform the request NEVER threaten the person with a law suit especially your new boss who may not know anything about you. A confrontational approach never works in a boss, subordinate exchange. Later I would have asked the principal for a few minutes and explained that it was not that you did not want to do what he asked but that you had injured shoulders and in a lot of pain with pending surgery on the date scheduled. He may not care either way but at least you tried to register your objection in an acceptable way. If he was unaware that you had injured shoulders he had no reason to not request that you do as asked. We have all had people in charge of us who may not care that we are truly in a situation that is causing extreme, moderate, or mild pain. Maybe a work situation where the work load is so extreme that it cannot be tolerated. I always try talking to the person first because complaining to others will not change the enviroment. If , in good faith after speaking to the person without anger or malice giving a detailed description of the situation and the boss is not receptive or does nothing to improve the working conditions one needs to make an honest decision. Do you stay or do you go. Weigh your options, what would be best for you? Make a choice and know you made the best decision you could make at the time. When a person is new on the job and has been hired as a supervisor, director, or manager they are in a position of having to prove themselves. They too have a boss. Too often they listen to gossip and judge others by those that have an agenda that is not healthy in the work enviroment. I always to do as asked even when it is very difficult.Remember surgery is expensive and you just lost your insurance. Employers do not like insurance claims because the insurance may cost the company more money very soon. If you're really lucky your next employer may be reasonable, aware, fair, alittle caring and the professional employees need him or her to be. Maybe , just maybe we always learn from our and others behavior and improve our professionalism. That is what I hope for in each expierence.

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Sorry to hear. Most svhool systems have union reps,use yours. Shoulder problems could have been communicated more proactively and positively.

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Do you have your OSHA card ? If you do you can report this and take this into further investigation.

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What's an OSHA card?

Jennifer Weston

Mary. people who openly post in a open forum about their lives , choices and jobs are going to be judge weather it be positive or negative reviews or comments. never did I say he was being dishonest I said in every post I've read every story is poor me and I'm the perfect employee . if someone can not take some negative feedback back then they should not post in a open group, seems like u r more effected by my post thay he will ever be.

William Agnew

Yeah, I know, they need Dr. Phil.

Mary Blecher

Its awkward and i feel that instead of posting that on someone else post, post it where everyone can see & comment on how they cause from my point of view it looks like you are being judgemental to him. He may not be effected but someone might come along & feel that u were being rude or mean. Like if your post was mines i wouldn't post it on someone else statement i would just posted out the open that way it won't look shady. When u make post there are negative/postive & some people ignore the negative some can't handle negative responses. I try to rephrased what is being said & look at it another way. We can post whatever but u have to be on guard when someone tells u diffidently its just like the job world. When u make a comment u have to be careful. I'm not effected I'm just letting u know that u have to be careful what u post

Charmaine Davey

See Jennifer...these bleeding hearts twist everything around to make the person seem like a victim...when in fact he was the confontational person who was let go for a legitimate reason...gross insubordination to his immediate boss...you never threaten a persons authority in the way the poster described,...what did he expect the principal to do, just say oh well yes if your going to bring a lawsuit against us you can do whatever you want...I would have fired him on the spot too! When a person these days makes threats they are taken seriously, and should be especially in the work place...and for those of you that keep stating that a person cannot be fired immediately for making threats...well YES you can, especially with the hire/fire at will clause in the labor laws, you can be fired for ANYTHING that the management finds offensive and they do not have to take it to the next level to do so if the person is not covered by a union...you people do not know what the hire/fire policy is for that particular school board....the poster was not a school teacher...he was a janitor and probably did not fall under the same protection clauses that a higher ranking employee of the school district would...in situations like this it is always best to ask for a meeting with a higher up and then present your concerns...not issue threats that backs management into a corner...a person who is backed into a corner is going to push back with the power they have to get rid of this person...regardless of what everyone has stated we as humans react as expected to threats and most of you if the situation was turned around would have fired the poster too...most of you will deny it, but its the truth!

Sara Olson

Sorry to read your story. Our country has created laws to protect us from mistreatment in the work place.Remember who you are .If you want to fight for justice you can or there are thousands of schools or people who would hire a wonderful worker and person like you. The man who had a impatient additude may need to learn some lesson from this but remember take one day at a time and remember you can get through this.

Brenda McCray

Hello Paul. I am sorry to hear about your situation. However, we must follow directives given to us by our supervisors. If you did not have medical documentation stating that you could not perform these tasks, then unfortunately, you were expected to do so. We cannot tell our supervisors what we won't do. I would have asked if I could get some assistance and then informed my supervisor of the other duties that I had to perform. This way, if the work was not done by the end of your work day, you would have at least brought it to the attention of your supervisor that you needed work. Unfortunately, he could say that you were insubordinate.

Matthew Casada

Get in contact with your Union steward. Arrange a meeting with the superintendent or school board. Make sure you are accompanied by Union representation. You went about this the wrong way but still have grounds for a greviance and possible reimbursement for lost wages.

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Sorry this happy to you experience.

Pedro R. Sanchez

How Old are you?. Did the previous principal and school adm. staff knew of your condition, and of any special accommodation because of such condition? Do you feel you were treated differently since the new principal arrival? By any chance you feel the new responsibilities were intended as a mean to make your work more difficult or miserable? A yes to all or some of the previous questions can be regarded as discrimination in the work place for one or more protected reasons, including constructive firing attempts. .

Pedro R. Sanchez

I would rather go to the EEOC local office instead of visiting a lawyer. There is not much anyone can do unemployed and missing six to ten thousand dollars upfront to make a lawyer have interest in your case . The EEOC will evaluate the merits and conditions under which you was separated from the job and make a determination. Best case scenario, by default you will be attending a mediation hearing to expose your points of view in front of the person who will be making a final decision outside of the court with the effect of a court ruling. By experience you can ask the mediator to listen you separated from the other part. He will be able to reconcile and evaluate both postures and make a fair decision. Usually employers attend with one or more lawyers to the view. Do not get intimidated. You do not need a lawyer if you cannot afford or want to bring one. Though the psychological effect of one by your side is positive.( Most of the instances is not necessary, but if you are one who can easily loose it or increase the level of his voice without much provocation, then bring one if you know you cannot control yourself). The Justice system including administrative procedures as this one are very observant of how employers because of their sheer economical and legal power, doing things illegally under the umbrella of employee not knowing their Constitutional and Labor Law rights. As I always try to remind people; in this land where employers are mighty powerful because of theat will Employment clause, this is not an unrestricted power to treat law protected human beings like trash...

Jose Avellaneda

Paul, in reading some of the responses I would suggest you seek counseling from a legal professional first. Hearing your version of the events doesn't convince me you didn't do anything wrong. In my opinion, a threat to bring legal action was unprofessional on your part and uncalled for. You were asked to perform a function and unless that function wasn't in your job description you are obligated to fulfil the request. Secondly the principle is your boss, if you want his respect you need to respect him/her? Lastly, your statement in my opinion sounds very close to insubordination and in most companies it carries a zero tolerance punishable by termination. You gave an excuse that you felt was authorizing you to refuse direction. Your wisest reaction should have been to follow thru with the direction and if your injury would have worstened you would be looking at becoming a millionaire? Knowing and following your procedures were the best choice but instead you chose to basically tell your superior to take a hike, and that's why you are no longer employed. Sorry about your situation but too often I hear stories much like this and everyone thinks they have this amazing open and shut case. The facts are you need to speak to a legal professional to hear the truth where you stand. Don't listen to me or anyone else, listen to a lawyer! Good luck to you and learn from this exreience. And thank you for providing a learning experience to those who read your situation.

Karen Solomon

Exactly in so many words he said he was not going to do it..And him wiping down tables was not going to hurt his shoulder that much... Sounds like to me he's using that as a way to get out of working

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Sorry, perhaps though before talking but once its out there its out. Do you have a Union or binding M.O.U.with the City? That is where to report this. Next is the labor board where you can open a labor suit. Or your countys free legal to get a attorney, Best is the labor board or your states EEOC.

Steven Porter

That's terrible Paul I'm sorry to hear this , you could have a case here I hope you filed for your unemployment insurance an then I'll go talk to a lawyer an see if I have a case for wrongful termination. Because of your shoulder injury an if you got a doctor note saying that you ain't supposed to be doing strenuous work you might have a case for a lawsuit !

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I'm. Looking. For a moiter puzen. For breens

A Smith

You probably took the wrong approach by going directly to law suit.

A better approach might have been to apply for disability on the basis that you could not do your job as described by the principal. Another approach would have been to seek legal counsel before you took a position on the issue.

No doubt the principal's position will be that he asked you to do something within your job description and you threatened to sue him.

You may have a case though because it sounds like you are at least partially disabled. I don't know if reasonable accommodation comes into play if wiping down tables is an essential part of your job. Get counsel.

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Sorry to here that you went throw that hope that you are seeing them and hope that you went to the labor department because what they did is against the law

Karen Solomon

Hello Paul, you should have tried to complete the task that was given to you... Instead of telling someone you're going to sue. You opened yourself up for that situation. Sorry that you lost your job but my advice to you is the next time someone asks you to do something go ahead and try.. I'm quite sure you would have been given help if you would have tried instead of threatening the principal.. Best of look in your future endeavors

philip brockmanUsflag

No Karen, I think in this case, his supervisor added the extra chores knowing the discomfort Paul would endure, and maybe quit because of it.
He has no grounds for disability, because it's not 100% keeping him from working, and it is better to have people quit than to have to fire them.
Of course Paul didn't help himself any either. The proper thing to have done was to 'medically, be determined' that the excess work would cause Paul harm, and then they'd have to reassign those chores, or pay heavily through workman's comp.
Respectfully, Philip M Brockman

Karen Solomon

Philip brockman I don't think thats what happened I think Paul was so used to using that as excuse and was getting away with it for so long... Until the Principal ask him it was a problem..And if his shoulder were as bad as he stated then it should have been documented somewhere in his file.. Like I stated he caused that dilemma on his own...Any he will not be getting any kind of monetary fund.. Because he flat out refused to do the job he were asked..now had he attempted to do the job he was ask that would be a whole different story.. Any time you refuse to do a task that were given to you..That's automatically grounds for termination...He was insubordinate.. Period whether he had a disability or not

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Paul, from what you are saying I believe you handled it wrong. You said he was a new principal so I'm thinking he didn't really know you. He didn't know you had issues with your shoulders. He is your boss and asked you to do something. If you would have said maybe you do not know but I have issues with both my shoulders and I am scheduled for surgery. I am not supposed to do that kind of work. He would have understood. Saying if you did the work he could expect a law suit in my minds is grounds for termination.

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Yes, He was a new Principal,but he was there for 2+ yrs. He did know my situation...

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Yes, He was a new Principal,but he was there for 2+ yrs. and He did know my situation. I believe he let me go because of my age.

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Just don't suit no body only find another job you don't want to work with mean people,

Jerry Sneed

I too am sry ro hear this because nine yrs is a long time however in my opinion its not wrongful termination since u did refuse to do a job which is insubordination then u followed it up with a threat of lawsuit. I dustmop ,autoscrub,and buff all halls and cafeteria, sweep/mop all three staiwells,sweep and mop gym and bleachers, and vacuum 2 music rooms and vacuum like 8 carpets in front of doors and in front of waterfountains. Also wipe down elevator and water fountains.all that after i go to every class room and take out trash on both floors.all of this is done every nite. And if anyone asks me to do something extra i would not say no i would just try to get it done.

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You could of got OSHA involved but if you don't you don't have to if you don't want to I think you should hire an attorney so you could get your job back and have a talk with the school board

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You are, you're, not your. Maybe your poor grammar got you fired.

Dave Horton

Obviously much more to this story!
Not productive to threaten your employer, Employers are not allowed to inquire about an individuals health status, however your Dr. can prescribe limits to work if need be and your employer should also be informed with proper documentation provided by you the employee.
Was this a termination/firing or discharge of duty until review?

Aamir Hodari

File grievances contact unions

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Wow I'm sorry to hear that you had to deal with that. It's hard having worked that long at a job to have someone come along just to screw it up. I'm not sure if you can save your job but that would be up to you. Good Luck with whatever you decide.

acdc thunders

Well im sorry to hear this some bosses r ignorantant they dont care about employees only themselves. U have to have balance or u lose. Like Marmalade Cafe Palos Verdes. Opened the resturant as a server
They had seberal employees stealin from the restaurant. I knew was watch my money like a hawk tips on table but when one of them got into my computor # I told Management 3 people got fired. Next they hire a hostess that didnt know her job stile my tip yelled at me in front of customers. Called human relations their was a few other things she did wrong.They came in interviewed everyone apparently i wasnt the only one she did illegal things too after the last interview she was fired.We had a dish washer call in sick a few times.Managers threatin to fire him.He shows up. The next day died of a viral infection.Probably shouldn't have been washin peoples dishes.Managers felt like A holes.They just dont care about peoples well being.Then I get let go cause of a customer complaint emailed so who knows
I went to visit my friends one day ran into the owner he said dont u have another job yet. I said no you fired me it makes it harder well i fire all my good servers after 3 customer complaints.
Isnt that how it work in America?Isaid no u get a three month trial n if your good u stand up for your servers cause my husband could come in be in a bad mood piis the waitrees off and blame it on her.Well Marmalade pv closed because the owner eventually fires all his good servers too sad to bad .The hostess workin when I got let go told me the owner's stupid you have more people askin to sit at your station then any one.My husband was injured I had 4 kids I needed to make the most money I could. The other servers called me the kiss butt waitress cause I know my big money comes from my customers

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Paul I am so sorry. That school is one the teachers think they are so much better than you. And that principle is a ass. Some people just don't need a job were they have authorty.

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Are you in a union - go there first. If you are at will it is a whole different battle.

While At will employment gives the school a lot of firing power for no reason, the grounds for termination must follow the organization's policies and procedures, and must be equally applied to everyone. If you had shoulder issues did you have a medical excuse from the doctor and was HR aware? Were you warned prior to this incident of any other poor performance issues? There are procedures to be followed and if they were not followed you may a case. Was HR present when this happened? If not there is definitely something wrong. I would go back to your policies, they may have steps of discipline depending on the infraction.

More importantly and back to what was stated earlier: Did you have a medical excuse you were working under -a restriction that the employer agreed to? I would get outside legal council on it, they will tell you immediately if you have a case, or not. Go to an employment law attorney who specializes in this type of law, but be prepared to fight (and to pay an attorney to fight for you). Document everything leading up the termination. Remember HR will protect the school, not you.

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A fellow Jobcaser

karma will prevail hang in there

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go back and kick him in the nuts

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I feel like you shouldn't went back to work to early,if the doctor told you go back to work, and you no for fact , you were not ready, that's your fault an the doctor, anyone you should be mad at your self an the doctor,sorry but that's my opinion, think about it.Hope, your Boss help you,if he has a heart ,He may, just you and him sit down an talk, that's what's wronged with world now. Life to short to ask like kids

nadine love

Today world is a I' don't care mode they don't care about nothing but geting the job done. mainly if they stuck up and bull headed as some and you are knowledgeable of your rights. you can file for wrong full termination at the empolyment office you been working there for 9+years you can get money form them he fired you, you didn't Quit so go check into that.

jillian briggs

Hi Paul I pray everything works out for you the best advice I can give you is seek God on what to do and how to handle the situation you can never go wrong with Gods direction

Jack Nieporte

If you are a member of the Union you might try appealing to them. Other than that you were not wrongfully terminated. You threatened a lawsuit just because you were not willing to try and work a reasonable request. Learn from this and move on. Now if you had tried it and then had trouble then you could have gone back to him and said something. Instead you chose a bullying tactic and it backfired.

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Im sorry to hear that. They should have never fired u. I wasfired last may 20. I went to manager about issue with somebody and somebody opened their mouth about me saying i want to punch somebody. I never physically punched somebody or mentioned anybodys name. I said it out of anger to myself. Anyway. They took it as a threat and said it was against the code of conduct. What the other girl did was against the code of conduct. Guess what. She is still there. Not fair.

Tina Dalton

Being terminated is always a blessing. It may not seem like it but God takes the things that will bring you down out of your life to bring better things. Some people don't believe that but God knows all. Just keep your head up and move forward with what you feel is right in your heart. If you feel that you have a case contact an attorney. But as stated this is an at will state. Sometimes it better to cut our losses and move forward. If it turns I to a big mess in your area it may be even harder for you to find a job. I wish u the best and will have you in my prayers.

Carolyn Abney

I had an similar downfall with McDonald's for 5years I was good enough to be crew member trainer and customer services representative. But I was not good enough to be a manager. It hurts, but I huge in there. Then one day I called in with the flu and virus and I came to work anyway. They said come in anyway unless you won't have akin tomorrow. Therefore, I complied and when I got there I couldn't function and they terminated me like nobody. I have 21years of disservice management,but they looked over me cause of a 20year old record. It's sad but it's true. But still I rise and continue because I'm capable ready and able for any opportunity that will allow to better my situation. Keep going, perseverance pays off in the long run.

Allen Wright

I can really identify with your Termination Mr. Lacus because I also was wrongfully terminated by the Program Manager of S.C.O., not only did she do everything in her power to get me Terminated, but she also tried to denied me unemployment Insurance of which I won in Court. I feel that if people like you and me were to take it to Court we would most certainly win, but because we don't go the full distance Companies like S.C.O. and Happy Valley Elementary School will continue to take advantage of honest hard working people that we represent.

Henrietta Gasque

Hey Paul Im sorry to hear that happen to you yes that was wrong so now its time for you to do what you gotta do try going to the board of education first and tell them what happened and see what they say and if that don't work then file your unemployment then get you a lawyer and sue them for wrongful termination and keep prater it all will work out in your best interest cause God got you God Bless.

Mitzie Young

If you threaten to sue any job organizations then you are creating a hostile work environment and can be terminated and he has admitted to the fact that he did it that's why he was fired I would have fired him as well all companies have to protect themselves and 75% of the US is now right to work states which mean they don't need a reason to terminate anyone

Henrietta Gasque

Yea Mitzie they do have a right to fire you for what ever reason but not if you have been on a job for so many years they have to have a reason that's why people can still get unemployment for wrongful termination and if he had to have surgery and he didn't want to get him any help and only had an hour to do everything I don't know you but I feel like you would not have fired him now he was wrong for saying he will sue but he was only trying to look out for his benefits.it could have been handle a different way.

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How about getting a note from the doctor about your condition and your pending surgery. Further, take this matter to the Superintendent of the district and send letters to him and the Board of Education. Then find out when their next meeting is and make sure they know what went on. You might have some leverage.......

Shonne Thurmond

What's he's name I'll look him up on sociol media and call him out on it

Mitzie Young

Union cant protect you in right to work state and never threaten to sue because you are causing a hostile work environment, unfortunately I would have terminated you as well next time set a Dr note because then the school would have had to do reasonable accommodations for you sorry not on your side but he has to protect the district

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Sorry Paul I know the feeling I have been terminated for what I work hard for every time I get a nice car not too long after I get fired happened more than twice and still today having a hard time because I have a very nice car that is paid for especially in southern states all you can do is get a good lawyer and move on god will work it out

Dan Seruge

Everyone is talking like they are an attorney. Why don't you people keep your comments to yourself. Wether he is right or wrong, there is two sides to any story. Smart people know this. Stupid people makes assumption and dumb decision.

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You don't bite the hand that feeds you. When threatening with a law suit. I would have told you to leave as well. There are 2 sides to every story

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Call or write www.nea.com,the national education department. Write or call the department of labor to the afl/cio. Doctors Without Borders also can help you with the incision on both arms for surgery, and what to do about them.

Rodger Baker

well Paul I hope you get a good lawyer and you have a lawsuit,, it's definitely not right how people get treated at their job

Sandra Williams

Wow he was wrong for that and you still have a law suit

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Paul,

That was a horrible situation that you just went thru!!! I am so sorry for you.

Are you unionized there where you had worked? If so, file an appeal and if the situation is what you stated, it should be and will be reversed. The whole premise of your termination is unjustified.

Now on the other hand, if you are not in a union, you will be fighting a very difficult uphill battle that might not be worth it. Yes, you could win your job back but without the backing of a union, the very vindictive and power hungry Principal with very low self-esteem would just find another reason to canned you. In his or her's pathetic little word, they need that kind of control to hire or fire anyone just to justify their miserable existence in this world. How sad that you became one of their victims. But cheer up Paul, you are still a teacher and you are a much better person than they will hope to ever be. Keep strong and believe in yourself. Take care - Greg

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#1 file for unemployment #2 get a lawyer & sue

Joseph Myrick

I've been asked to tons of things that technically weren't in my job description over the years I just went ahead and did them to show I can take orders and that I willl get the job any job done for that matter. But it probably wasn't the best idea to threaten a law suit to a supervisor in the middle of a shift. Although he should have had another employee do it due to you disability at the time.

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Hi Joseph, this doesn't. Pertain to what you guys are talking about. Can you plz tell me how you got the job at Fedex? I mean you live in a big city , I unfortunately don't. I live in Ocala. Fl. And I would love to try to get in w Fedex company. So can you plz email me at jessturb1977@gmail.com or feel free to text my cellphone 352-207-9866. Thanks I would appreciate any help .

Denise Edwards

They will get rid of you if you threaten them.

Daniel John TovesUsflag

Did you have doctor's orders placing you with limited to very limited duties and on light duty as well. You may have a case I'd get on it right away.

Denise Edwards

I worked in a daycare for 3 years. They took advantage of me too. I was cleaning a lot and developed shoulder pain too. Trust me, they don't care. I got wrongfully terminated too. I didn't want to leave as I loved the kids but they wanted me to change my morals about what I believed was right. Avoid working for schools in the future, they take advantage and they don't care.

Denise Edwards

He was trying to get rid of you. He knew you had surgery coming up on both shoulders and he didn't want you around so he gave you an impossible task so he could wear you down further. Sorry you didn't catch on to that. Never threaten them, it is an easy way out for them to terminate you, unless of course you want out of there. They don't care about you no matter how long you work for them. There is no loyalty. If you cannot do the job whether it is realistic or not and you have physical problems on top of it which they are aware of you are history, no pun intended.