A Question for the mall - my job at stake

[Windy City Irish]

You guys have always been good about giving some insight into people's situations so I wanted to bring one up to you this morning.

I have been working with my company for almost 4 years now and am in sales. In that time I have been given very high marks in all my reviews, been above quota 90% of the time, have been told time and time again that I am a go-to guy and that am one of the best reps in the whole office.

We recently had a sales meeting in which I missed an 8am meeting because of food poisoning of something I ate the night before. My name was called out in the meeting I missed and my bosses were pissed because I was not there. I came down after the meetings and told them what happened and they appeared to understand but were still mad. I went to both of my next two meetings even though I felt like shit and was told at the end of the day that it was not a big deal and maybe I would just be written up.

I get a phone call today from someone telling me that that same night they were discussing letting me ( and another co-worker that missed a meeting) go because they had to make an example of us so people will never miss meetings again.

my question is.....do I have any legs to stand on to stand up for myself since I have been a "A" employee, have a great record on file, never have gotten into trouble..etc......or can they just fire me for missing one meeting while I was sick in my room but still made it to two meetings after that AND sought them out right away to explain what happened.

Also I would be out a $20K year end bonus and want to know if I could request that or just walk out with my chin up.

Thanks!

WCI

[drewshow]

Here is an article you may want to review. They can show cause for just about anything.

http://jobsearchtech.about.com/od/la...l/aa092402.htm

[skippy]

Originally Posted by WindyCity Irish

You guys have always been good about giving some insight into people's situations so I wanted to bring one up to you this morning.

I have been working with my company for almost 4 years now and am in sales. In that time I have been given very high marks in all my reviews, been above quota 90% of the time, have been told time and time again that I am a go-to guy and that am one of the best reps in the whole office.

We recently had a sales meeting in which I missed an 8am meeting because of food poisoning of something I ate the night before. My name was called out in the meeting I missed and my bosses were pissed because I was not there. I came down after the meetings and told them what happened and they appeared to understand but were still mad. I went to both of my next two meetings even though I felt like shit and was told at the end of the day that it was not a big deal and maybe I would just be written up.

I get a phone call today from someone telling me that that same night they were discussing letting me ( and another co-worker that missed a meeting) go because they had to make an example of us so people will never miss meetings again.

my question is.....do I have any legs to stand on to stand up for myself since I have been a "A" employee, have a great record on file, never have gotten into trouble..etc......or can they just fire me for missing one meeting while I was sick in my room but still made it to two meetings after that AND sought them out right away to explain what happened.

Also I would be out a $20K year end bonus and want to know if I could request that or just walk out with my chin up.

Thanks!

WCI

You need proof that that discussion took place.

Then you can perhaps consider "wrongful dismissal" if there is no stated company policy that says attendance at meetings is mandatory and that employment hinges on that.

[Dr. Jack]

The boss has a right to fire anyone he wants. He doesn’t need a reason. But at the end of the day if you produce as you have said – they won’t fire someone like you to make an example of. Just my opinion of course

[Windy City Irish]

Originally Posted by skippy

You need proof that that discussion took place.

Then you can perhaps consider "wrongful dismissal" if there is no stated company policy that says attendance at meetings is mandatory and that employment hinges on that.

skippy, there was a hand-out that said attendance at ALL meetings is mandatory, but there is NOTHING that says employment hinges on missing one. Especially if you are sick!

I know of at least 4-5 other people in my office that missed meetings and a couple people from another group in our room that missed whole days!

[Windy City Irish]

Originally Posted by Dr. Jack

The boss has a right to fire anyone he wants. He doesn’t need a reason. But at the end of the day if you produce as you have said – they won’t fire someone like you to make an example of. Just my opinion of course

Jack, I totally agree. Although my boss recently got pulled into HR for making claims that he would fire someone on the spot if we were not 100% of goal for one certain product and HR told him to back off that and he could not do that.

But in the end I have produced and like I said...always been one of the top people, so how could they even consider this without any prior hiccups in the road

[skippy]

Originally Posted by WindyCity Irish

skippy, there was a hand-out that said attendance at ALL meetings is mandatory, but there is NOTHING that says employment hinges on missing one. Especially if you are sick!

I know of at least 4-5 other people in my office that missed meetings and a couple people from another group in our room that missed whole days!

I don't know what the employment laws are in your state but dismissals usually require a "just cause" otherwise the company will open itself up for a wrongful dismissal lawsuit.

You can't fire someone base on gender, religion, sexual orientation etc etc.....it must be based on performance or other violations of company policy such as theft.

[Keith]

go to the doctor. Make sure you can document this illness. You can't be fired for missing a meetting IF you were legitimately ill (and had called in to advise them beforehand). If you can't document it however, you are going to have a hard time fighting it (and you may need to break out the knee-pads in order to beg to keep your job).

[Bobtheicon]

I'd take it with a grain of salt. We ride our sales guys here pretty hard - they are easy to pick on; but we realize they are the ones bringing money into the company.

They could fire you, but that would be stupid on their part if you are bringing in that much cash. The problem is probably that you did not tell anybody you wouldn't be there; not that you actually weren't there. A phone call goes a long way.

If they do fire you there's not much you can do to fight that. Just collect your unemployment and apply for a job with their biggest competitor as an independant consultant or something off the books to avoid any non-compete that you may have signed.

Good luck to you Windy. Tough situation to begin your marriage. I hope things work out for you buddy...

[Keith]

Originally Posted by skippy

I don't know what the employment laws are in your state but dismissals usually require a "just cause" otherwise the company will open itself up for a wrongful dismissal lawsuit.

You can't fire someone base on gender, religion, sexual orientation etc etc.....it must be based on performance or other violations of company policy such as theft.

the failure to attend a mandatory meeting (if not documented with a medical excuse) IS performance related.

[Windy City Irish]

Originally Posted by Keith

go to the doctor. Make sure you can document this illness. You can't be fired for missing a meetting IF you were legitimately ill (and had called in to advise them beforehand). If you can't document it however, you are going to have a hard time fighting it (and you may need to break out the knee-pads in order to beg to keep your job).

a little to late to go to a doctor to document something that happened almost a week ago. there was nobody to call into, plus I tried to leave my room to go find someone down stairs but had to run back to the bathroom!

[Windy City Irish]

Originally Posted by Bobtheicon

I'd take it with a grain of salt. We ride our sales guys here pretty hard - they are easy to pick on; but we realize they are the ones bringing money into the company.

They could fire you, but that would be stupid on their part if you are bringing in that much cash. The problem is probably that you did not tell anybody you wouldn't be there; not that you actually weren't there. A phone call goes a long way.

If they do fire you there's not much you can do to fight that. Just collect your unemployment and apply for a job with their biggest competitor as an independant consultant or something off the books to avoid any non-compete that you may have signed.

Good luck to you Windy. Tough situation to begin your marriage. I hope things work out for you buddy...

I have a feeling I would be up shits creek without a paddle. They fired someone about a year ago because he got really drunk at multiple sales meetings and made an ass out of himself but he had done that at about 5 straight meetings and was never warned. There has to be some sort of warning and not just a firing for someone that has never gotten into trouble and have been always above quota and doing well

[Gerk]

Originally Posted by WindyCity Irish

a little to late to go to a doctor to document something that happened almost a week ago. there was nobody to call into, plus I tried to leave my room to go find someone down stairs but had to run back to the bathroom!

</P>
Why is it too late to go to the doctor to document? Can't you go back and get some sort of documenation from them that you were there and what you were seen for? Most doctors have forms for people to give their employers for these situations

[skippy]

Originally Posted by Keith

the failure to attend a mandatory meeting (if not documented with a medical excuse) IS performance related.

Performance is when you are unable to meet quota, etc etc.

Unless stated that your job hinges on attendance at meetings, the lawsuit is still an option.

[skippy]

Originally Posted by WindyCity Irish

I have a feeling I would be up shits creek without a paddle. They fired someone about a year ago because he got really drunk at multiple sales meetings and made an ass out of himself but he had done that at about 5 straight meetings and was never warned. There has to be some sort of warning and not just a firing for someone that has never gotten into trouble and have been always above quota and doing well

He should have sued.

Since he has this pattern of behaviour and nothing was said, he assumed that they condoned it.

In court, his lawyer can argue that his client has behaved this way a number of times and yet nothing was said.