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I was a store supervisor and I just got terminated. I was ...

Sent to Employment Law Experts May 13 07:54 PM

I was a store supervisor and I just got terminated. I was called into the office this afternoon and was told, I was not shown any written reason or outline as to why I was being termed, they never asked me to sign anything, they didn't ask for my keys to the store, safe etc. My supervisor said that he was going to have to talk to HR about some details brought up, but for the time being my employment is termed. It all seems kinda weird to me. Everytime that I need to term someone they tell me that I have to have it written out for the coworker to sign. I was just wondering if they followed the proper proceedures or not.

 

Optional Information:
Onalaska, Wisconsin

Already Tried:
just happened a bit ago so nothing yet.

Customer (name blocked for privacy)
Reply
May 14 8:13 AM (5 hours and 50 minutes and 8 seconds later)
         
No I do not have an employment contract nor am I member of a union. I reviewed the termination policy for retail workers (which is what I am) it says that as part of the proceedure for termination that at step 3 that you need to document the reason on a Written Coworker Conferance form, then you proceed to step 4 which is that you meet with the coworker to give them the written coworker conference and explain the reason for termination. Then you are to collect all company property, keys, manuals etc. We are an "at will employer" which I assume means they don't have to give you any notice, but I did work there for 13 years without one single verbal or written warning. I was on vacation when they called me in to term me.
Answer
May 14 12:35 PM (4 hours and 22 minutes and 11 seconds later)
         
ACCEPTEDCheck Mark

Dear Onalaska, Wisconsin:

Wisconsin is an "at will" employment state, which means that any employee can be terminated at any time for any reason that is not against the law or discriminatory. A reason that is against the law would be, for example, termination because an employee refused to illegally dispose of hazardous waste. A reason that is discriminatory would include race, religion, national origin, disability, and retaliation.

In the case of an employer who has an employment manual, some employment manuals might create an implied contract only to fire for cause, and only after certain steps are taken. If your employer's manual has a first warning; second warning; then termination policy, that could have happened in your case. Keep in mind, though, that every employer's employment manual is different and an attorney would need to review what yours said.

Wisconsin (unlike many other states) has an Open Personnel Records law, so you should be able to find out why you were terminated. You have a right to review those.

Here is a portion of that law: "Every employer shall, upon the request of an employee, which the employer may require the employee to make in writing, permit the employee to inspect any personnel documents which are used or which have been used in determining that employee's qualifications for employment, promotion, transfer, additional compensation, termination or other disciplinary action, and medical records, except as provided in subs. (5) and (6)."

Furthermore, you have right to dispute what is in the file. "If the employee disagrees with any information contained in the personnel records, a removal or correction of that information may be mutually agreed upon by the employer and the employee. If an agreement cannot be reached, the employee may submit a written statement explaining the employee's position. The employer shall attach the employee's statement to the disputed portion of the personnel record. The employee's statement shall be included whenever that disputed portion of the personnel record is released to a 3rd party as long as the disputed record is a part of the file."

Here is a full description of the law, if you are interested: http://www.dwd.state.wi.us/dwd/publications/erd/pdf/erd_7749_p.pdf.

The State of Wisconsin Department of Workforce Development may be able to assist you: http://dwd.wisconsin.gov/er.

Good luck.




Regards,

Anne_C
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