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Should I pursue this as a "Wrongful Termination" case?

Andalusia, AL |

I got a job at a labor company March 4, 2014 and I was late 3 times and I got fired March 11, 2014. BUT.. the first two times technically didn't count because the plant manager wiped my "slate" clean due to the HR woman not giving me my employee handbook until March 10th and also not informing me of the "Points System" they have for tardiness etc. Basically being 3-15 minutes late without calling in=1 point, being late with a call-in=1/2 point. At the beginning of my 90 days I was given 2 points. I was late the next day March 11th (after my slate was wiped clean) by 12 minutes due to my son being ill which they already knew. They stated I wasn't the right fit for the company but I knew absolutely nothing of how any of it worked being I wasn't informed. Is there anything I can do?

Additional information
I would also like to add that equals 1 out of 2 points so I shouldn't have been let go like that in my opinion. I asked them how I wasn't the right fit and they couldn't answer. They simply answered my question by saying how would all of the other employees feel but no other employees are supposed to know being it's confidential. They said I wasn't fast enough but compared to someone who has been there for 10 years (like my trainer has been), of course I'm not going to be as fast. According to her and the others (who has been there for 8 and 12 years) I was catching on well and, to be put straight on the floor, I was fast. I was told my first day that if I wasn't fast enough within 2 weeks that they would work with me and I would be given more time and they would work with me on it as well.

Attorney Answers 3


You are working in an at-will employment state. They can terminate you for any reason or no reason, provided it is not an illegal reason or a violation of public policy. Nothing you have listed here gives any indication of any illegal conduct by the employer. When you work for someone you need to get to work on time and perform the duties they have given you. If you can't do either of those basic requirements then you are not going to remain employed.
Best of luck.

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Like the other lawyer are an at-will employee in Alabama. However, there are some places of employment where there are rules that limit the employer's right to fire you. Your place of employment might have a union, and there might be a collective bargaining agreement...although it doesn't appear that way from your question. Also, if the system of 'points' you described is enshrined in an employment agreement, you might have a claim.

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Your termination may not make sense, but unless you had an employment contract, you can be terminated for any reason (excepting for a few exceptions: race, sex, religion, seeking workers' compensation benefits, having to serve on jury duty and national guard/reserve training), just as you are free to quit your job for any reason. Businesses have a right to run their company badly.

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