Hi again John, and thank you. With regard to your post:
I was a long-term employee (over 12 years)as the top new business sales person in the company. It all happened 6 months ago. My son has cancer and I was questioned by an HR representative on how much longer and what frequency would his upcoming treatments be. Were you taking FMLA - leave to care for your son or take him to his appointments?
After that conversation, the company changed insurance plans and removed Children's Memorial Hospital from their HMO, leaving us with over 20K to pay in the next year out of pocket. Do you have any reason to believe this has anything to do with you?
In the last year, I was switched to a new supervisor. the last one I had supervised me for 12 years and was the VP of marketing and sales. After obtaining my new supervisor, I was managed more from a "referee" than a "coach". Different management styles, clearly.
I was written up for doing work for my former supervisor without direction from my current supervisor. OK.
Now, I have never been written up in 12 years. I disagreed with the write up and never signed anything. Did you refuse to sign acknowledgement that you had received the write- up (different than admitting that it is accurate)? We are typically required to obey orders to sign acknowledgement of receipt of the notice - but not agreement with the content,and a failure to do so has been held to be insubordination.
A few months later, I was written up for not responding to a customer. However, with this customer, we presented a contract, won the contract, and the customers comments on our process were the best that they had seen. I think then you are saying that there was no failure to respond to a customer, is that right? That this was a false/contrived accusation.
Then, on 11/8/12, 10 minutes before I was leaving for vacation, they Who is they, specifically? The "new" supervisor/referee?
let me go on grounds that I did not respond to an E-mail from a board member. I am so sorry!
They said that they tried to contact me many times. However, I did not receive any calls or multiple E-mails. As the compouter system and cell phones are company run,I asked them to pull the records, and they would not. Figures, particularly if it was a contrived reason to terminate.
The next day I requested all three of my write up slips. (I only signed one)and they would not give them to me.
I asked for person files, and they will not give them to me and want me to sign a letter rescinding my request for my write ups and personal file. OK, they appear to be violating here:
(820 ILCS 40/2) (from Ch. 48, par. 2002)
Sec. 2. Open Records. Every employer shall, upon an employee's request which the employer may require be in writing on a form supplied by the employer, permit the employee to inspect any personnel documents which are, have been or are intended to be used in determining that employee's qualifications for employment, promotion, transfer, additional compensation, discharge or other disciplinary action, except as provided in Section 10....
They are trying to meet with me a s often as possible because they owe me commission, which has been completely wrong thus far. So why does that cause them to try to meet with you often? I'm not getting this part.
I was a well paid employee, with over 12 years of over-achieving success. I even over-achived my goal this year.
Is this something you can help me with?
\at this point
Have my rights been violated? I think your right to see your personnel file is possibly being violated, as per the above statute, so look into that aspect. Also, if you were entitled to FMLA leave, (Family Medical Leave Act) such as intermittent hours off here and there to take your child to his treatments, and they then retaliated for your need to inconvenience them by taking off when the law says you can - this could be a FMLA violation - so consider discussing that with an employment lawyer in your jurisdiction as well.
Why do they want me want me to sign a letter rescinding my request to get my write ups and personal times. Can't say for sure, but perhaps it is because they know they violating the statute by not making this available to you, and now they are trying to get you to say that you don't want it, please cancel the request.