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-Terminated 12/20/2011 (241 days ago) in IL. from Knowledge

 
JB Umphrey's Avatar
  • Answered by:JB Umphrey
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-Terminated 12/20/2011 (241 days ago) in IL. from Knowledge Universe, aka: KinderCare after 8+ years as a Center Director.
-I had an excellent work record and won awards for best in the district (revenue, customer service, retention, etc)many times.
-Was redistricted, District Mgr JP Beck. We did not share the same priorities for the operation of my center. I strived for customer satisfaction thru quality care and education. He has NO background in education, and tried to portray me as a "non-conformist" yet still collected bonus $ based on my center's success. The center received nothing but praise and full compliance from the state licensing body, cty health dept, fire safety.
-He forced me to demote my asst director in Aug 2010. After that time, he manipulated my labor, stalled the replacing of an asst to the point of my not having assistance in management or financials.
-I sent him an email to SELF REPORT an error that was discovered in my financials. THIS EMAIL ANGERED HIM...MAJORLY!! He telephoned me the following day and screamed and berated me...at which point I knew my job was going to be lost. In the email I fully explained what happened as well as the fact that I had reached out to the financial dept head who told me not to worry, these errors aren't a worry as long as we correct them, of which I did.
-BUT, I had requested meetings with JP Beck to find resolution to my lack of mgmt asst and was always told he didn't have time. I reminded him that my errors occurred AFTER I had begged for help and that we could not move forward w/o his long needed leadership.
-BTW, I was the only center director in the region of 167 centers that had a disability (Multiple Sclerosis) of which he did not appreciate bcuz I could not keep up with the team for his "team building" outings.
--anyway, even with all this info, do I have anything against this less than professional mgr? Also, have I waited too long as EEOC I think has a time limit???

 

Optional Information:
State/Country relating to question: Illinois

Already Tried:
Nothing, I was unaware that I should have been aggressive right after it happened.

Submitted: 279 days and 6 hours ago.
Category: Employment Law
Value: $58
Status: CLOSED
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Expert:  JB Umphrey replied279 days and 5 hours ago.

Welcome and thank you for your question!

I am very sorry to learn of your experience.

What is a "hostile" work environment in the eyes of the law is very limited. In the eyes of the law, it is only an illegal hostile work environment if a person is being harassed because of their age (over 40), disability, genetic information, national origin, pregnancy, race/color, religion, or gender.

It is not illegal to be a bully or a jerk. It's unprofessional but it's not illegal.

Please clarify: were you harassed because of your age (over 40), disability, genetic information, national origin, pregnancy, race/color, religion, or gender?

Customer replied279 days and 5 hours ago.

I am over 40 and older than my DM. But I believe I was term'd bcuz I sent the email stating the fact he did not assist me even when I asked for help. Also, I had never had any write ups or negative reports against me.

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Expert:  JB Umphrey replied279 days and 5 hours ago.

Thank you. Did you have a contract that said you can only be fired for just cause?

Customer replied279 days and 5 hours ago.

NO

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Expert:  JB Umphrey replied279 days and 5 hours ago.

Thank you. What is your understanding of what it means to be an at-will employee in Illinois?

Customer replied279 days and 5 hours ago.

That they can just let me go if they choose?? Even if I have been a great employee with no disciplinary actions ever?

Accepted Answer

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Expert:  JB Umphrey replied279 days and 5 hours ago.

Yes, that is correct.

In Illinois, "a noncontracted employee is one who serves at the employer's will, and the employer may discharge such an employee for any reason or no reason." Zimmerman v. Buchheit of Sparta, Inc., 164 Ill.2d 29, 32, 206 Ill.Dec. 625, 645 N.E.2d 877 (1994); accord Fellhauer v. City of Geneva, 142 Ill.2d 495, 505, 154 Ill.Dec. 649, 568 N.E.2d 870 (1991) (stating this court's adherence to rule that employer may discharge at-will employee for any or no reason); Price v. Carmack Datsun, Inc., 109 Ill.2d 65, 67, 92 Ill.Dec. 548, 485 N.E.2d 359 (1985) (stating "accepted general rule" that "in an employment at will there is no limitation on the right of an employer to discharge an employee").

Most employees are at-will.

From the facts you've described, you were an at-will employee. You had no contract and you were not fired for an illegal, discriminatory reason. No one likes to be fired but the employer had the right to terminate at any time (and you had the right to quit at any time). It may seem to be unfair and unjust, however, that's the nature of "at will" employment. You serve "at the will" of the employer.

I know that this is not what you wanted to hear but you deserve a candid answer. I wish very much that I could offer you an answer that was more favorable to your circumstances, but the law seems to be pretty clear. Had I been able to provide an Answer which might have given you a successful outcome, it would have been my pleasure to do so.

I hope you understand.

It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things.

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Thanks,
~~ J.B.

Expert TypeLawyer
Category: Employment Law
Pos. Feedback: 96.6 %
Accepts: 6273
Answered: 8/17/2012

Experience: Assisting employees and employers for over 14 years.

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Customer replied279 days and 5 hours ago.

Thank you so very much for your honest answer! I am very fortunate that my losing my job has not put a financial burden on my family...so it could be worse! Since I can't bring "justice" to my District Mgr via the courts, I will hope that the "higher power" will take care of him!! ;0)


 


Have a great day and thanks again!


 


Jodi

 
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