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I was a Supervisor (Certified with Hazwoper 40 and Supervisor…

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I was a Supervisor (Certified...
I was a Supervisor (Certified with Hazwoper 40 and Supervisor Hazwoper 8) for beach oil clean-up team with third tier company managing 19 laborers. Third day on job, my boss gives me a list of 14 new laborers that he signed up to work under his company rather than keep using temp labor company. He told me to fire 14 men of my team and gave me a list of 14 new laborers standing by ready to work that night. One minute later, the second tier contractor approaches me and introduces me to "The New Supervisor" of the team and that I have been demoted to lead foreman. I then walked over to 14 men on my team and doing as my boss asked fired 14 temp labor and formulated a new team w/ the 14 names given to me. The new supervisor, upon learning what I did, was mad and said as foreman I had no right to fire/hire team members and she fired me. Then the supervisor's superintendent ask me to surrender my badge to get into gate at BP Port Chico Bayou. I was told I can not come into the port until my gate pass is "reinstated". I've asked several time for the second and third tier contractors to "reinstate" me so I can go to work for some other labor force in that same port and they are not responding????
Submitted: 8 years ago.Category: Legal
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6/28/2010
Lawyer: Law Educator, Esq., Attorney replied 8 years ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,777
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Absent any written contract to the contrary, I am afraid FL employment is at will and this means you can be terminated for no reason or for any reason that is not based solely on your age/race/sex/disability and the only recourse you have is to seek unemployment. Based upon what occurred here, if the employer tries to allege misconduct sufficient to deny benefits you have ample grounds to overcome that argument since you carried out what you were told by your supervisor, but as far as getting your job back, that would be at the sole discretion of the employer and they do not have to give you your badge back.

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Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,777
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Customer reply replied 8 years ago

For PaulMJD...

So in the future if this ever happens again I should immediately approach my boss and inform him I have been demoted to Foreman by second tier supervisor and no longer have power to firing /hiring team members.

This sucks Paul...when these two second and third tier subcontractors started this project they hired a few qualified people to manage labor from local temp labor services then within a week interviewed and hired people on their own payroll to replace temp labor and cut out temp service fees for duration of contract. My boss used me. I understand the business side of making more profit per laborers hours but his timing sucked and cost me my job because I pissed off second tier contractor.

Lawyer: Law Educator, Esq., Attorney replied 8 years ago
Correct, the proper thing to have done was to return to your boss who gave you that order and tell him that the second tier supervisor removed you and ask your boss to take whatever action is required. This is always a problem when there are so many chiefs involved in projects, many times one does not know what the other is doing and some good people can get caught up in this, but unfortunately that is the way of at will employment.
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