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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20127
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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Well the other day I was working and a manager came up to me

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well the other day I was working and a manager came up to me and yelled at me like a dog saying I don't know whats going on but your starting stuff with Erica it needs to stop it needs to stop and he kept saying it needs to stop and to stop and all I was trying to tell him is that I wasn't even doing anything cause I wasn't I was working and then hes like okay you don't have a job go and he tried pushing me to leave and I wouldn't so he went back and crossed my name off and then didn't talk to me the rest of the shift then i asked another manager that worked that day if i was suppose to leave and she was like nope he didn't tell me anything.. I called last night I asked the manager if i was fired and she said she didn't know and to come in i did and the manager let me work then the main manager came in and the manager that fired me came in and yelled at the main manager about letting me be there and then they sent me home
JA: Andy is my manager. Such a nice man. Because employment law varies from place to place, can you tell me what state this is in?
Customer: and this is all because some girl told him i was trying to start stuff when i wasn't she just has something against me and wants to start stuff and they favor her and i have worked there for 6 years and they treat me like crap and they promote everyone but me i have been there for six years and make 8.65 an hour while
JA: Is the employment agreement "at will," union, full time or part time?
Customer: i work 32 hours a week usually
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Customer: replied 1 month ago.
oh sorry i didn't see your question this is in Illinois

Hello,

Thank you for the information, can you please tell me what your legal question is?

Customer: replied 1 month ago.
i just want to know if there is anything i can do for the way i am being treated

Thank you for your reply. Illinois is an employment "at will" state. That means that an employer may terminate an employee for any, or no, reason and with no notice or warning unless in doing so they violate a contract or are motivated by illegal discriminatory intent or bias because of an employee's race, national origin, age (over 40), disability, gender, religion, pregnancy or military service.

That means unless your situation falls within one of the exceptions I mentioned, then despite it being unfair and unprofessional, there wouldn't be any legal basis for recourse. That doesn't mean you can try contacting someone more senior in the Company to see if they will reconsider your situation, it just means there isn't a legal option.

On the other hand, if you do think you fall within the exceptions I mentioned, then you will want to sit down with a local employment law attorney to discuss your case in detail so that they can help you decide what the best action is for you to take based on their evaluation of all of the facts they can gather.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the ratings box on this page of my efforts to explain the law of your issue, then the Site will give me credit for assisting you today. Thank you

Customer: replied 1 month ago.
well what about them pushing me to leave?
Customer: replied 1 month ago.
does this mean i wont be able to collect unemployment ?

If you mean he physically pushed you then you can report that to HR and could, if you want, file a police report.

As for unemployment, you should file and then if the employer disputes it saying you were terminated for cause, then you would definitely want to appeal any denial. The employer has the burden of proof to show that you intentionally, or through gross negligence, did something that violated workplace rules or standards. Based solely on what you have told me, it doesn't seem like they could prove that.

Marsha411JD and other Employment Law Specialists are ready to help you
Customer: replied 1 month ago.
okay thank you

You're very welcome.

Customer: replied 17 days ago.
okay so i went in and tried to get my job back and the main boss read to me what the manager that fired me wrote on what happened and he made a bunch of things up to make it look like its my fault and he is getting a bunch of the employees to join him in telling that story that isnt true and be witnesses.. so what can i do about that ?

Thank you for your post. Sadly, there isn't much you can do about it other than to give your side of the facts. To be honest, when there are several voices that say something different from you it would be very difficult to maintain your version is the truth and also to have a successful suit for defamation of character, even assuming they were making false statements of fact. But, you can always speak to a local litigation attorney about the defamation issue and see what they say once they have all of the facts.

Customer: replied 16 days ago.
Okay I didn't mean for that or anything I was just wondering for me going to try and get unemployment and they all made up some story together

Sorry for the delay in getting back to you, I was out of my office. I see now what you are asking. For an unemployment hearing, it really comes down to who the hearing officer believes and what evidence is presented. You have as much right as the employer to present witnesses, or any other evidence, to support your position. In the end, the hearing officer will weigh everyone's statements and if they are not credible, they won't consider them.