QUESTION
What can I do if I was fired after doing what I was told?
Asked on Aug 06th, 2012 on Labor and Employment - Florida
More details to this question:
I was fired from my derrick hand job on an oil rig only after i was told to operate the crain by my driller and tool pusher when they knew that i was not certified to operate the crain and there was an accendent while i was operating the crain?
4 ANSWERS
Steven Lee Miller
If the employer agrees with your statement that you were terminated for doing something you were told to do, I would agree that you have a good wrongful termination case.
On the other hand, my guess is, that your employer will state a "different reason" you were terminated, or deny you were told that should have done what you did.
If you are/ were in a union on the job, you must bring any potential wrongful termination claim, generally to them first, in order to exhaust your administrative remedy.
Whether you were in a union or not, I would suggest you immediately start by gathering the evidence (e.g. documents, emails, witnesses that hear your supervisor instructing you, etc) in order to begin a case.
If you cannot find any evidence to support your position, and the company denies you were instructed to do something you were terminated for, then it becomes what we call a "he said/ she said" type of case, which are not always easy to prove.
If you have the proof, that is another story all together and could help you bring a claim. It is also important, that you immediately try to begin "mitigating your damages", by applying for new jobs.
Keep a log of all the companies you are applying to, the results of your applications and interviews.
Also, if you have not already, apply for unemployment, although I suspect the company may challenge you on that. Good luck.
Answered on Aug 24th, 2012 at 9:27 AM
Your sole remedy in GA is unemployment compensation, unless you can prove you were discharged for protected discrimination, limited to race, age, sex, national origin, religiious beliefs, or handicap.
Any reason, including a stupid or invalid reason, does not give right to a wrongful termination suit in GA.
You likely will need an attorney to win the unemployment case.
Answered on Aug 24th, 2012 at 9:27 AM
You KNEW you weren't qualified. Were these guys your supervisors?
If yes then you may have a "wrongful termination" lawsuit. Michigan is an "at-will" state and you can be fired for almost anything. If they know you weren't qualified . . . and they were management . . . then you might have a case.
Answered on Aug 24th, 2012 at 9:27 AM
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Could be a whistelblower or wrongful discharge claim. Feel free to contact us if you wish to discuss further.
Answered on Aug 24th, 2012 at 9:26 AM