Zero Tolerance Policy in Call Center -accused of resetting my available time-Not true -logging out frequently-during review

Asked 12 months ago - San Antonio, TX

To sum up the policy> you will be terminated for call avoidance.

-I was ran a trace report on where they can see what your doing on your computer for a few days, the came to the conclusion that I was to be terminated because I had to log off my computer a number of times. i had no
My reasoning> I had told my manager that I had been dealing with a UTI that caused me to go to bathroom frequently and also I had logged off my computer a few times to ask quick questions related to work. I work in Tech Support so questions are always asked. Now I was in set to be promoted as a T2 support agent and then I was reviewed as well as the whole team, and I myself was fired over the phone. What can be done about this situation? The review period (5 days) Also I had no write ups.

Attorney answers (3)

  1. Richard Kurt Arbuckle

    Pro

    Contributor Level 18

    1

    Lawyer agrees

    Answered . Unless there is a contract, in Texas you can be fired for no reason at all, so it doesn't matter if it is a bad reason. The exceptions are that you cannot be fired based on: race, gender, national origin, age, disability, religious preference, bringing or testifying in a workers compensation case, refusing to do an illegal act, and various whistleblower acts. These exceptions also have exceptions. If you feel you were fired for one of these reasons, you should seek the advice of an attorney.

    This is not legal advice. You should always discuss the specifics of your issue in person with an attorney. Be... more
  2. Adam Kielich

    Contributor Level 17

    Answered . If you were logging in and out of availability very quickly (within seconds of each other) then it's understandable that your employer perceived your behavior as call avoidance. Most, if not all, call centers have zero tolerance policies on call avoidance.

    If you merely disagree with the reason your employer stated for terminating you then the appropriate remedy is to seek unemployment. If there are other facts at play that you did not explain then there may be other causes of action available.

  3. Alan James Brinkmeier

    Contributor Level 20

    1

    Lawyer agrees

    Answered . If you have a discrimination theory about retaliatory discharge or hostile workplace conditions you'll need a lawyer. Religious belief, age, gender, race etc. all are discriminatory reasons for which you cannot be legally fired and upon which you might base a wrongful termination suit.

    If you are an at-will employee, you can be fired for any reason or no reason, except unlawful discrimination. If you do not have an employment contract or union to represent you, your recourse is limited. Discrimination based on age, gender, race, religious beliefs etc.... may give rise to a different answer.

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