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Wrongful termination. What are my options?

Author : JUDITH

Submitted : 2017-06-13 02:07:16    Popularity:     

Tags: Wrongful  termination  options  

My mother was terminated from her job today. I am devastated because I worked so hard to find her this job. She does not speak English nor is she able to read or write. So, today she called and say her shift supervisor at the factory told her to go clean

Answers:

The client that the temp agency sent her to fired her, which means the temp agency may be able to find her another place to work. If she doesn't return to the temp agency, they may determine that she self-terminated (quit).

There is no wrongful termination. The client has every right to ask a temp to leave at any time, for any reason, with no advance warning. It is part of their agreement with the temp services agency. If someone isn't working out, they simply ask for a replacement and send the problem home.

Talk to the temp agency, and seek another position for her. Help her learn English, so she can survive in the work place. You might also look to other temp agencies to see if they might have something for her.

It is possible that not all people who work there were able to speak her language. If she was given directions in English by a person who only spoke English they may have complained about her. The fact that she is calm and well mannered would not be helpful.

Sorry but something doesn't add up.

< She worked 7 days a week- they would often call her in because workers did not show for their shift, she worked a double often since they asked her, she shows up on time, and even on holidays. >

< the supervisor stated yelling at her telling the security guard that this was her last day. Per my mother, this shift supervisor said that ā€œpeople has been complaining about you to me for a while now. You no longer have a job, go clean out your locker. ā€œ >

Does that sound like the same person to you? If you think she was wrongfully terminated (you aren't saying why), talk to an attorney who handles wrongful termination cases.

You have no options, none at all and the employment agency owes you no explanation either.

It is called "at will employment" look it up

This is not wrongful termination.

If you are in the USA, employment is at will. Employees can be fired at any time for any reason or no reason, except as prohibited by law (such as race, gender, religion, etc.).

If your mother had an employment contract or was a member of a union that has a contract with the company, then the employer is bound by the terms of the contract. In most instances, employers are still allowed to terminate an employee even if they are a union member.

A calm, well mannered employee who shows up all the time on time does not necessarily make for a good employee. She did not do the job well, thus the numerous customer complaints. She can look for a job she thinks she can do, probably not what she was doing at that factory and, it won't be easy since she does not speak the language of the country. Has she considered learning how to speak English? It would make job hunting a lot easier.

I'm assuming she's not a member of a union, or you'd have contacted them to defend her. If you live in a right to work state then there isn't anything you can do. They can fired anyone at any time for any or no reason. Right to work really means right to be fired with no recourse. I'm sorry this happened to her, maybe someone could help by teaching her enough English to function on another type of job.

In the US you are an at will employee meaning they can fire you at anytime.

"Wrongful termination" -- sorry, but it may not be wrongful.
Unless your mother had a contract, or was part of a union, she was most likely considered an "at-will" employee.
That means she could quit for any reason, and she can be fired for any reason, or even no reason at all, other than discrimination against a protected class of people.

If she worked through a temp agency, it's not wrongful termination because the temp agency didn't fire her. If she had worked for the company she was temping at, THEN you might have a wrongful termination case, but only an attorney would be able to tell you what your options are.



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