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MJ
MJ, Executive
Category: Job
Satisfied Customers: 744
Experience:  Firm's Hiring Director/Studio Manager, former Career Prep Center Teacher
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I was railroaded out of my job. When a supervisor had a dislike

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I was railroaded out of my job. When a supervisor had a dislike for me. I was with Sprint for 4 1/2 years when a supervisor had a dislike for me. He told me that I would not last at
this job. First performance level not asking customer at risk to try to save customer with to
offers. Customer called to check to see if his port went through, it did and his account was
already closed. Second peformance level, customer calling to make sure his account was cancelled. Account was already closed. Third level performance and fired, customer called, explained to me that he called sprint and had only one phone and wanted to upgrade that
phone. When he recieved his phone he recieved another phone, sales scam. He call me and wanted to know why he had to phone because he said I only have one phone number.
I explained to him that he was send one and error and appolized to him for the inconvience,
and I would send him a return kit to send the second phone back.
Submitted: 4 years ago.
Category: Job
Expert:  MJ replied 4 years ago.
Hello and thank you for your question.

To provide the most useful answer I will need some additional information:
What state were you working in?
Did you have an employment contract?

Thank you in advance for this information.
Customer: replied 4 years ago.
In Florida, with no contract.
Expert:  MJ replied 4 years ago.
Thank you for the additional information.

Unfortunately, in Florida employees are presumed to be "at will." This means that - unless you and your employer had an employment contract that specifically stated otherwise - an employee is free to quit for any reason at any time, and the employer is also free to terminate the employee at any time, for any reason (even for reasons that are unfair or capricious, or for no reason at all) unless it is an illegal reason (illegal reasons would be those that are specifically related to your age, race, religion, or disability.)
Thus, it is not illegal to terminate an employee simply because the employer dislikes the employee.

In Florida it is generally very difficult (nearly impossible) to overcome the at-will presumption without a written employment contract.

The only possibility I see here is that if your company has an established written procedure that a manager is required to follow before terminating an employee, and if that procedure was not followed, then you can appeal directly to the company's personnel department.
If you can demonstrate that the manager did not follow a mandated procedure (for example if an employee handbook states that the employee must be given the opportunity to state his/her case to personnel before a termination is finalized) then they may be willing to revisit the issue.


I know that this is perhaps not the answer that you were hoping for, but I do hope the information is helpful, and if so that you will please click the green "ACCEPT" icon as this is the only way that I am paid for my time and answer through JustAnswer.
Thank you.

Edited by MJ on 6/9/2010 at 8:11 PM EST
MJ, Executive
Category: Job
Satisfied Customers: 744
Experience: Firm's Hiring Director/Studio Manager, former Career Prep Center Teacher
MJ and 2 other Job Specialists are ready to help you
Expert:  MJ replied 4 years ago.
Hello,
I saw your followup question in the feedback that you left.

You should absolutely go ahead and apply for unemployment.
The determination of whether you are eligible for unemployment benefits is made by the state.
Your employer can present their version of things to the state (for example they can claim that you were teminated for gross misconduct), but it is up to the state to make the final determination.
From the version of things that you posted above, it does not sound as though you were terminated for misconduct or misrepresentation or anything else that would result in you being found to be ineligible for unemployment.
But, this decision will be in the hands of the state.

I hope this information is helpful.
Customer: replied 4 years ago.
Thank for you help.

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