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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 116834
Experience:  20+ Years of Employment Law Experience
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I was recently fired from FedEx because of issues. But when

Customer Question

I was recently fired from FedEx because of issues. But when it became an issue to the mánager they asked what the problema was i said i get a ride from someone that uses their lunch time to pick me up and Bring. me to work. Problem is it's impossible to make it on time from my house to work withou speeding.I'd be 2-5mins late. The next day I was written up.So they're was no actual attempt to help or find a solution for me they didn't even listen because they would ask me every time .why was I late again. I said I'm not waking up late n sleeping in and dragging myself to work.I'm showered shaved prepared n waiting for my ride to attempt to safetly race to get me on time But was always frustrated to be 2or3mins late.then only to have them ask why I'm late again.eventually leading to this ...I show up everyday work on getting better at my job always challenging my performance to be better.I know I'm a good loyal employee because that's how I am..I encourage others to be there best so we can stay at #1. .also my manager may have heard me complain about my shoulder hurting a few weeks ago because after a vacation day I took which I was accused of being a no call no show even though the sort manager did the time clock request for me so I can learn.anyhow I was replaced from my regular work area and asked why .without any reply I'd gotten 4write up in 3days for tardy an my vacation manager was present again as I mentioned my shoulder I said it was due to unloading the heavy I.C. trailer by myself when almost everything in it was team lift boxes or crates. And normally it was done by 3 workers.I also had previously talked about it with at least 3 other managers who all agreed it wasn't safe for 1 person to be unloading it everyday all day.and that they would do something or talk about correcting this but nothing ever came of it any of the times.I continued doing it til the time I was complaining about my shoulder with my manager near by.then I was replaced from that nonsense that whole week was when I got all the write ups and suspended and now fired. I worked hard for close to 8 years.I don't know what to say or do to fix this .
Phillip Navarro
Submitted: 2 years ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you are seeking for educational purposes only.
I am afraid that an employer has a right to expect an employee to be on time for work. 2-3 minutes late is not on time and an employer has a legal right to discipline an employee for even such slight tardiness, especially if it is consistent. It is legally not the employer's duty to make accommodations for an employee to get to work, that is solely the employee's responsibility I am afraid.
Legally, if you were injured from lifting at work, you are entitled to file a workers compensation claim, even now that they fired you, and you are entitled to treatment under workers compensation. The employer cannot refuse to file a report of injury, although they can later try to dispute your claim based on you not filing an actual report of the injury when it occurred. Unless you told your manager you wanted to file a workers compensation claim for your shoulder, he was not bound by law to do anything, so it would be hard to prove this termination was retaliatory for filing a workers compensation claim. Had you tried to file a claim and the manager refused and fired you, then you could have had a potential claim for retaliation based on you filing the claim.
As far as termination, while you feel you were not treated properly, legally anyone with authority to do so at the employer can give an employee notice of termination and it did not have to come from your manager personally.
Under CA law, unless you had a contract to the contrary, your employment is at will which means the employer can terminate an employee for no reason at all or any reason not based solely on the employee's age/race/sex/disability/national origin and the employee's sole recourse is filing for unemployment and that is it.