I was fired unjustifiably

By acidosmosis ยท 31 replies
Aug 27, 2003
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  1. Well, I lost my job Monday. The way that I lost my job is a bit interesting. Hopefully some of you know United States law or more specifically North Carolina laws. If so let me know what your opinion on the matter is. So here is what happened...

    I take calls during and after hours because I provide (well, I did) tech support for 500 customers, on my own. I do this 7 days a week, and sometimes 5 days a week. From 9am-11pm. I normally work at the office from 1pm-7pm.

    Sunday a man named Charles Brown calls my home number and my dad picks up the phone. He walks into my room and asks me if I know a Charles Brown and I said no. Obviously I can't remember the name of one customer when I deal with 500 by myself. So my dad walks out of my room since he already knew it was a customer of mine and tells the guy to not call my house because it is a private number and he shouldnt be calling here and to call the office. (At the time the owner was taking calls last weekend so it was his problem not mine to do tech support).

    The next day on Monday I went to work and the owner calls and tells me to come to his office next door. He owns a medical practice. I then get chewed out because my dad "apparently" cussed this customer out and told him to go to Road Runner. I get a lecture about how these customers and the owner pays my bills and if they leave and go to Road Runner my bills dont get paid. So I tell the owner that it is my dads phone and that I never gave this customer permission to call me at home and it is NOT my business or his what my dad tells anyone whether its his customer or not. The guy deserved what he got for calling me at home. I'm not sure yet how he got my number but I plan to find out. The owner told me if it happened again I would be fired. His look at the situation was he gets calls at home from patients and I should too, but it's my dad's house and his phone line and a private residence. I am just an employee of the company, but somehow I should be "professional" and take these calls.

    I went back to work at my office as normal. At 6pm my dad calls. The owner was in my office at the time so she tells him that my dad wants to talk to him and that he wants to know how Charles Brown got my number. Well, I walked in the room half way through the conversation and figured the owner was cussing out some customer so I didnt think much about it then the receptionist told me it was my dad on the phone. After about a minute I walked back in my office cause I didn't want to hear it.
    After he gets off the phone he comes in my office and tells me to give me his keys and leave so I did and walked out without a word since I knew if I said anything or stayed any longer I would deck the owner.

    That day, on Monday the owner had some problems at his practice, our phone lines had been down on and off for two days at our office because Bellsouth's problems (happens a lot). Also an employee that had been gone for 2 months came back on MONDAY which made it all the easier for the owner to take out his problems on me and fire me.

    The facts:
    1. Charles Brown lied and said my dad cussed him out and told him to go to Road Runner. I have two witnesses that were in the same room as my dad and he said no such thing, and didnt so much as raise his voice to the customer.
    2. I have been fired for unjustifiable cause.
    3. I also have witnesses who were in the room when my dad called the owner. It turns out that as SOON as the owner picked up the phone he started being very loud and abonoxious and using foul language with my dad which is why he got cussed out by my dad.

    So, you tell me. Fair? Unlawful?

    I have contacted a lawyer and made an appointment.

    Also I am filing a complaint with the labor board for unjustifiable termination of employment.

    As far as Mr. Charles Brown I am meeting with the magistrate at the court house and filing charges against him for harassment (he called my house six times and lied to the owner which in turn partially got me fired from my job).

    If I am not compensated for my terminated job status I will be making sure that the owner gets audited for unlicensed software, mainly Windows servers. Also for his financial actions with customers. There are thousands of write-offs and voids in the system on customers accounts that and he can't explain more than five of them.

    He also has given white liquor to people that are underage and to cops as a payoff. These are his exact words. Also he has made threats to me in the past numerous times about how he would kill me if I did certain things. These are just some of the things I will gladly use against him

    That's all I have for now on the situation.

    Note: Will be calling the SPA and the IRS. For those of who that dont know who the SPA is, they are a piracy agency. IRS is obviously the Internal Revenue Service.
  2. ---agissi---

    ---agissi--- TechSpot Paladin Posts: 1,978   +15

    Gosh Acid..Im sorry - thats really unfair. Is it unlawful for your boss/a boss to fire someone for no valid reason? If so defently unlawful. You sure did get the end of the stick eh? You taking action sounds great. GJ :)
  3. Vehementi

    Vehementi TechSpot Paladin Posts: 2,704

    I think that what you are doing in retaliation is completely justifiable - going to a lawyer and all that. I am not familiar with laws involving this sort of thing, but I bet you could make a case out of it.

    If he does something stupid, you darn well better play dirty back. Bringing the IRS and SPA is a certainly expository action, albeit it may seem bitter.

    Sounds like a bad job experience and you should have been out anyway.

    Good luck acid! I hope all goes well for you.
  4. acidosmosis

    acidosmosis TechSpot Chancellor Topic Starter Posts: 1,350

    For right now I am just bringing the BSA into it. I went for BSA instead of SPA. I filled out a form earlier reporting him to BSA because he would not prove to me that he had licenses for several Windows OS's, Internet Information Server, and who knows what other software. It'll be a nice little headache for him if they pursue anything I am sure.

    As far as the IRS. I will wait and see what happens when I speak to a lawyer. Depending on how that goes and how well I may or may not bring the IRS in on this. I am not a blood thirsty vengeful person but I am taking this very personally because he had no reason to fire me, and I did many many things for him which I got no thanks for and then I get fired for no good reason so I feel what I am doing is warranted.

    Thanks for the support Agissi and Veh!
  5. novicegamer

    novicegamer TS Rookie Posts: 89

    The Infernal RS has a little thing called whistle blower where you can report someone anonamously and get a reward if it is succesful in getting money.It sounds to me like your ex boss gave your # out and that is definatly against the law.WE are all hoping you get his but in the wringer and sqeeze it till he bleeds.Keep your head up better things will come along and please learn from this
  6. XtR-X

    XtR-X TS Rookie Posts: 863

    Get him for everything he's done wrong and makes sure you do get that person who called your house for disturbance/harrassment(?).

    I don't think you'll ever be able to return to work after this incident. Even if he says he'll kill you for certain things, thats stupid man... it's like your working for the mafia. Quit.

    Just get revenge, and get a job somewhere else.
  7. SNGX1275

    SNGX1275 TS Forces Special Posts: 10,742   +421

    honestly. I think you are in over your head, and you will be the one getting raped on it not them.
    there is a reason they are in busisness and not you......
  8. Phantasm66

    Phantasm66 TS Rookie Posts: 5,734   +8

    That's dreadful.

    I think that its possible that this has been a setup - that this "Charles Brown" was in fact instructed by your boss to call your home, and probably isn't a real customer as such. Its a setup to find a reason to get rid of you. His reasons for this are BS and quite obviously just conjured up to make something up on you to get you out. Its a bummer, but it happens. Probably find the business is going down the tubes, and he needs to get rid of some staff to stay afloat.

    Look upon it as his loss, and start to look for something else. Keep reading and studying! Chin up, you will be fine.
  9. MYOB

    MYOB TS Rookie Posts: 492

    Woah.. over here if you fired for that the labour court would have you sitting on a massive payout within minutes. Literally. You cannot be "just fired" in Ireland in the first place, they must serve you notice. And I've even had company owners telling me to go to other shops/businesses. Which would not be seen by the labour court as a reason to fire someone.

    Go get him with the BSA, if the american branch is anything like the Irish branch they are totally merciless...
  10. Nic

    Nic TechSpot Paladin Posts: 1,549

    Sorry to hear about that acid. I guess there's no way you'd want to go back and work there whatever happens. I'd think you'd be able to sue for being sacked as you did nothing wrong. If you have a copy of your contract of employment, now would be a good time to dig it out and read the small print (see if you can find anything about working from home). I can't see how you can lose your case, though the law may require that you have been employed in your job for a certain period before you are fully covered against sacking (UK). Hope things work out.

    If you do some searching, you might find a website with details of employment law for your state. Worth a shot.
  11. Phantasm66

    Phantasm66 TS Rookie Posts: 5,734   +8

    Nah, don't go back there even if they beg you to. (Which I doubt!)

    Concencrate on learning, and on your next job.
  12. consie89

    consie89 Banned Posts: 47

    Plant a nail bomb in his office and have some napalm waiting in his car.
  13. young&wild

    young&wild TechSpot Chancellor Posts: 993

    What an unreasonable employee! Hope you win the court case.
  14. Justin

    Justin TS Rookie Posts: 942

    I would be extremely careful if I were you, acid. Now isn't the time for snap judgements / quick decisions... it can bite you in the end. He can probably afford a much better goon squad then you, so your best bet might be out of court settlement.

    Contacting the BSA... I'm not so sure about that. That could be potentially good or bad for you.
  15. consie89

    consie89 Banned Posts: 47

    Forget the legal solution, take a page out of Sadams book. either gas the guy or higher an assasination team. Sure you will get locked up and perhaps face death but you will be safe in the knowledge that you got that guy back good.
  16. Nic

    Nic TechSpot Paladin Posts: 1,549

    You shouldn't have stopped taking the tablets consie89 (though I don't think you are really serious regarding your comments). ;) That kind of attitude never solves anything. It just makes things worse. :eek: Diplomacy is always the best option, regardless of how you feel. No future employer would want to recruit a trouble maker. Dealing with things the right way will earn you respect, and you'll feel better about it later.

    As regards reporting your employer for using illegal software. Weren't you the one in charge, and the person that installed the software? Did your employer ask you to install it? Did he know it was unlicenced? A few things to consider before taking that route.
  17. Rick

    Rick TechSpot Staff Posts: 4,572   +65

    Is there any chance you are protected by the labor union or something simliar?

    In all cases I've seen, the employee is innocent and the boss is guilty in the court system before they even know what the problem is. ;) And you get extra special attention if your company uses a workers union and your boss gets believed even less. hehe.
  18. Rick

    Rick TechSpot Staff Posts: 4,572   +65

    It takes two to make an argument... The most certain way to eliminate the problem is to remove the offender. :D
  19. schizoid77

    schizoid77 TS Rookie Posts: 113

    I say take the law into your own hands....ever seen Boondock Saints....sit down and jot a note or 2 :evil:
    true sin is the indifference of good men

    kidding of course...we all know right from wrong here i hope
  20. consie89

    consie89 Banned Posts: 47

    I was only kidding guys, dont take everything so seriously. I was just giving the views of the mentally unstable a voice.
  21. acidosmosis

    acidosmosis TechSpot Chancellor Topic Starter Posts: 1,350

    Well, I was the only employee other than 2 receptionists until the day I was fired. Vincent happend to come back Monday on the day I was told to leave. So it's not that hes trying to get rid of employees to save money or anything. I am pretty sure Vincent made more money than me too. (very unfair since he constantly costs the owner money after screwing things up and Ive never once cost him a dime other than my hourly wage).

    I have wondered if this was a setup though. Although we do have a customer named Charles Brown. One thing I have thought about is I *think* this Charles Brown is a guy I spoke with a few times and helped him out. He may have gotten pissed that I said I didn't remember him, which I didn't, at least by his name.

    His business is going down the tubes for sure. There is no doubt about that. It's like a boat with constant leaks and he's got all 3 of us holding our hand over a leak with another guy bucketing out water. Its ridiculous.
  22. Nic

    Nic TechSpot Paladin Posts: 1,549

    If the business is really going down the tubes, then he probably did you a favour. When you win your case you should get some decent cash for the troubles he's caused. Much better than being made redundant if the company folds.

    By the sounds of things, maybe he just wanted rid of you so he could hire Vincent back. Maybe he's under a false impression and thinks that Vincent knows what he's doing and you don't. Employers are like that. When they don't have the knowledge to understand a job like yours, then those that are seen to be always active (fixing their own errors) will often be mistaken for being more competent than someone who seems to have everything under control. I've known people like, and as long as they appear confident they can get away with anything, even if they are useless.
  23. aoj145

    aoj145 TS Rookie Posts: 82

    I've been in this situation myself. Worked for a crook, got unjustly fired, etc.

    Best thing to do is get your unemployment if possible and fine a new job ASAP and move on.

    You'll waste more time and money chasing this guy than it's worth.

    If you've got evidence, document it, pass it on to the different business bureuas and authorities if possible and then leave it alone.

    Trying to wreck vengance on this guy isn't worth your time and effort. You've got more important things to do with your life than chasing this guy around or being bitter over it.

    Just my two cents and advice from personal experience....
  24. lzrdlps

    lzrdlps TS Rookie

    Acid, being in the opposite side, there set guidelines for lawlfully dimissing an employee. Document, Document, and DOCUMENT! Once the court hears the "he said/she said" scenario you're screwed, the court will look at you as nothing more than a disgruntled employee. But (there's always a but), your employer has to show reasons for dismissal, if the employer wants you to take phone calls at home, then he has to reimburse you for your phone expense, no different than using your car to go run an errand. Best advice, is not to dwell on it, pursue it at a slower pace, if you do go to court, there is no set guarantee that you will win. Remember lawyers are the scum of the earth, the have no loyalty to you, unless your face is plastered on a $100 bill. JUst don't go into this like playing UT2003, there is always some a**hole out there to phuck you. Good Luck
  25. XtR-X

    XtR-X TS Rookie Posts: 863

    Oh come on, get real here. A boss doesn't have to set someone up to fire them, they can just fire people anytime anywhere anyplace.

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