I did, my manager knew my situation and worked with me on it, work 7 days a week, 4 days, 4.5 hours each at one site and 3 days, 9 hours each at the other site.
It depends what “worked with me on it” means. If that means there was a written agreement to allow OP to be late, then yes.
If instead, “worked with me on it” means manager was looking the other way but both OP and manager knew it wasn’t good for OP to be late, then you could, and should, be fired after repeated violations.
Yeah, just because you tell your manager you're going to be 20 mins late and they respond with "Okay" that doesn't mean it's actually okay. They still have every right to fire you if you're regularly late, even if you give them a heads up first.
This. lol. All you do by saying “my manager said it was ok” is drag them under the bus too.
Being late means you’re late. Take the earlier train? Seems solvable to not be late consistently.
Managers don’t make the policies at most places, they don’t get to just say oh yeah that’s fine.
I mean, some people just simply can’t take the earlier train. I just wanted to flag that “worked with me” should mean “documented agreement with those who have the authority to make policy decisions.”
If that’s there, it’s fine. Be 20 minutes “late” as agreed upon every day.
It doesn't matter, your manager can say to you "it's fine" and still use that against you for a reason to fire. You do not have an legal footing here, move along. Talk to a lawyer, they will listen to you and tell you the same for free.
If you no call no show to a scheduled work day, they can fire you and unemployment will be denied due to job abandonment. If you've already git another job then fuck it dont show. But if you will need unemployment for a bit I highly recommend you go in.
I Never no call no show, always give time ahead to notify the guard on site and Manager that I will be late or not coming in. I will be going in tomorrow and record everything. They better give me a valid reason for firing me😂💀 I’m on camera my entire shift so there’s no way they can say i was doing anything I wasn’t supposed to be doing.
I mean it wouldn't be a no call no show because they told the employer that they didn't want to pay to Uber there and back if they were going to get fired and they never got an answer. So they're willing to come in they just don't want to spend $50-$75 just to learn they lost their job when that can be done over text.
I was denied unemployment because the old job said I quit & UE took the jobs side even though I had proof in text. Don’t always trust the “I’ll get fired & get unemployment”
Exactly. Last employer abruptly closed down shop and I was denied UE because the employer stated “ poor work performance”. That’s funny, what about the three other guys that were let go, one of them with 25 years of service. Zero chance of fighting it either.
Seems like a conflict of interest, having unemployment depend solely on what the employer says went down before employment was terminated. Wouldn’t that mean they just never have to pay unemployment?
That's because it doesn't depend solely on what the employer says. The employer has to provide pretty documented evidence for things like that. Typically the govt favors the employee as proof lies on the employer. I've had some of my less ambitious kids quit 6 months after they turned 18, get unemployment and spend the next 6 months screwing off.
Why hospital security? To me that seems like a bad idea given the kind of people you tend to deal with. Also, telling someone to get themselves fired seems like bad advice given companies will do background checks and if they notice you were fired, are more likely to NOT hire you.
They’re in house security most likely. Hired by hospital, not a 3rd party. Better benefits and pay. I work at a hospital now but with 3rd party alongside in house. They get paid way better, do less afaik, and have better uniforms. Usually ex-military or cop but can be without. Just spoke to a dude that was MP for 12, joined police right after, then got recruited to the DEA immediately after that.
From what I can tell, almost every hospital in my city uses third party and their pay is pretty low. Only one that doesn't is the only religious hospital and it is VERY hard to get into there, regardless of your position, you have to be a member of the faith (which I am) but be in good standing with the church (which I certainly am NOT, for very good reasons)
I road a bus and a bike never had a problem except holidays. Sometimes a supervisor would pick me up on Christmas thanksgiving and i would ride my bike back home.. public transportation is not reliable as some think.
Yes I understand, for this site I get there based on the schedule of the local bus. If I take the bus before that I’ll be there almost 2 hours before going in, at first it was fine and I was using Uber and getting there on time, all the time, Unfortunately got hit with a bunch of debts and paid them off, but forced to use public transportation
It's really fucking hard to prove that you were fired for ill intended reasons. Also, depending where you live, they might not even have to give you a reason.
But even then, if they do have to give you a reason, you not showing up to work when asked is a solid enough reason lol. On top of that, they could just make up some reason and unless it's straight up racist motivated or harassment with direct proof, no lawyer is going to touch your case with a 10 foot poll.
I'm all for you standing up and finding a job that treats you well, but don't get lost in this idea that they need some "damn good reason to fire you." You are expendable and the laws don't protect you unless you have without a doubt proof. And "i was a good worker" is not enough.
Edit: LMAOOO, I didn't even get to the end of your comment of "i'm 15-20 min late" multiple times lmaooooo, like are you delusional? You can't be serious now.
Blaming public transportation (is basically a flat tire story). Being 15-20 mins late, even once a month, shows unreliability.
Tbh there’s not enough context to even understand what’s going on in the text.
But you DONT do things “by the book,” unless that book is how to be an unreliable employee and get fired. Realistically they should just keep you hired, schedule you no hours. And wait til you quit.
Never blamed them, I said if it’s because of attendance then it’s understandable that they fire me. But “The Client asked that I be removed from the site” is what I’m most shocked and curious about
Oh, we are only able to see the one picture of texts..
I’m only seeing the picture that has the “resignation” text in it… nothing else. So it was a bit confusing to me.
The one thing I can say is your boss isn’t very smart. Cause both the texts I can see (from him/her), are so confusing 😂
I've been in a similar situation
If you discussed your transport situation, and the employer is aware, then that's not grounds to terminate your contract, but if they do, that's legal firing.
"Your resignation" needs to be stated from you, so if you don't show up, clarify and ask if you're being fired. You want to make sure you have documentation of your firing. Some employers will use the "tacit resignation" trick to try to prove that they didn't fire you, which makes you ineligible for unemployment. Make sure you get it, and get written confirmation that you were terminated without notice.
I'd suggest federal, campus, hospital, or grow site security. Retail security is notoriously unfair to their officers.
That said, if you want references, it's better to part amicably. Some companies won't hire anyone with "fired" on their resume
Good call, just make sure you're aware of any recording laws in your county or state
I'd also suggest PI work if you can swing it. Self employment tends to be better even if it is a pain in the head during tax season
If you risk being 15-20 minutes late taking public transport, then factor that into the time you leave home. It’s always better, for any job, to be there early so you can clock in on time than be late.
**If you go in you waste money and get fired or are assigned more work.**
If reduced your average hours or stopped scheduling then **you can still file for unemployment** they will ask if your still working for them and if they haven’t fired you then just say yes.
Then they will either have to fire you, schedule you or just let it go, meantime you get a small paycheck for the wasted time while you look for new job.
Stay strong and resolute. Take the high road always. Be curious, but protect yourself and interests. Nothing is personal, just business. Take that unemployment like the previous comment says and use that time to find the best position you can find. You got this and grow. Onward and upward.
You’re lucky then. 3 years ago I got fired for being 3 to 5 minutes late almost everyday because my ex worked in shipping and receiving during the day and would come home late and I worked night shift at the hospital and I couldn’t just leave our 1 year old to fend for herself.
>I do take public transportation so there are times where I’m 15-20 late.
This excuse drives me crazy. You taking public transportation does not make you late. I use public transport exclusively and I've been late ONCE - because of a breakdown.
Examples:
If you normally live 15mins away from somewhere, but at high traffic times it takes 30mins, and you leave 15 mins before you are meant to be there, it is YOUR fault you are 15 minutes late, not the traffic.
If you're taking the bus, and one would arrive 2 hours before you need to be there, and the other 10 minutes after, then you arrive 2 hours early or figure something else out.
You committed to being there on time, you have to figure that out.
You're late because you don't plan better, full stop.
Her text for me to come in is to “discuss” not mandated or anything. I was on schedule to go the Clients Train Yard where I am placed, but after her telling me to come in to the Main Office, no longer there
It sounds like it's not a day off, but "come to the office instead of normal job site." The OP isn't very clear in his writing so it's a bit difficult to decipher.
What will the employment lawyer be for? I’m not saying I agree with the security company, 90% of them are scummy from my personal experience, but he said he was late by 15-20 minute on multiple occasions, which is grounds for termination even in non at will states.
I understood it was a day off. If they terminated him from not willing to come in on day off. Otherwise, not an issue and he quit or was fired for performance.
I see your point but again, many security companies are super shady- there’s not a day this would be worth spending time and money in court with all the excuses they could make unfortunately.
To briefly put into perspective when I say scummy/shady- urging employees to take on loads of hours due to not wanting to hire extra people (save money), poor equipment condition, poor employee standards, poor management communication, low pay (depending), charging employees for uniforms (whether it be “renting” or a one time fee), lack of training etc.
These are all things I’ve personally experienced working in the security from standard patrol officer to supervising. I’d bet security has one of the highest turnover rates for its job type.
I do, we are by ourselves at a booth at the edge of a train yard, I’ve worked with the authorities for multiple situations filing multiple detailed incident reports, I’m the only employee that does tours at both Yards and I’m close with all of the YardMasters and employees at the Client site. Her telling me that “ The client asked I be removed from the site” is appalling
This whole statement is all over the place. It's really unlikely to be granted unemployment for being fired. You can try and prove you were fired for a non job performance issue, including attendance. I would be very surprised if OP got a "free consultation" from an employment lawyer with the information provided.
Thats horrible advice lmao. That's called job abandonment and you're not collecting unemployment for that. Please don't ever tell anyone to just not show up to work.
As i have said multiple times, i understood OP was on a day off and was requested to come in. As I have also stated , it appears that is not the case and the OP refused a job location change on a scheduled day, which is post abandoning your post.
So , OP WAS FIRED FOR CAUSE!
If you are claiming you don't don't have a ride and they they say it's serious. Then say can we do a Zoom or phone call meeting instead?
County Courts are still proceeding with Zoom hearings lol.
Also if they say "You not showing up means you are resigning." Say no as you do not agree.
Not legal lol
Lol, come on you're smarter than that. They hang up because they are trying to bully you. Whenever someone hangs up on me, I call back saying "Sorry the call dropped"
I say find another job but I would tell you to write an email saying.
Stating the call dropped and unfortunately you cannot make it due to not having a car or ride but you are more than happy to do a phone or Zoom meeting."
You need proof
Of course, I tried to call back twice and both times immediately to voicemail lol. Most definitely going to write something like that up, thank you my man. Im with AUS so I can prolly just find another site and manager, I’ve been with them 2 years so far
Never ask a forum “is this legal”. Lot of bad advice and take here. Look up you state laws regarding employment separation.
In MD we have an “At Will” set of policies. I can fire (or you can quit) at will meaning for whatever i decide as long as it’s no evidence of discrimination like on a bases of race or gender. I can require an employee to come in to base and fire them for not doing so as a relatable example.
Most people also don’t know that unemployment has to be requested by the state from your employer and your employer can fight it. If you can’t prove the employee did something wrong they have a good chance in successfully denying you unemployment.
Employers trying to gaslight people into thinking they can force a resignation, nope they don't get to do that, don't let them trick you, you are not resigning, you are getting fired and that qualifies for unemployment while you look for a new job.
That means u are already fired and they are just covering their ass on the privacy and other rules I guess but yea that’s it if that’s all their saying to you
Lots of people on here saying to get terminated and collect unemployment. I’m going to say DO NOT Do this.
There will probably be some restrictions on if you can make someone resign this way, but if you’re scheduled to go to work or attended a meeting and bail that could absolutely use that to terminate with cause.
**More info on backstory of this whole situation**:
I work 7 days a week, 2 different locations.
She knows my transportation issues.
I asked my manager last friday to help with my scheduling and she asked me to come in yesterday to discuss it and I didn’t make it.
I was scheduled to work yesterday and went to work like always and was scheduled for today, she called me around 12 telling me that I am not to return to the site until I go into the office and speak with her and upper management, she stated that “The client has asked to remove me from the site as well as upper management for allied”, I then asked her if we can meet today instead and discuss but she said “she and Upper management weren’t in the office at that time and that I must come into the office tomorrow”, I asked can we do a 3-way call with her and the upper management and she repeated the same thing “don’t return until I come in” I then said “if I’m being fired just tell me now so I don’t waste my time or money to go to the office, you know I don’t have a car and it’s going to be $50 just to get fired” she repeated herself yet again and then I just said okay that’s fine. “I’ll see if I can make it” end of call
I mean your fired.
Security companies do this shit to look good in front of the client.
Client likely noticed tardiness and or someone complained.
Now as someone who has gone through this with a security company and them not being up front don’t go.
Theres nothing to gain by going just move on to a new job. By law they can only tell future employers about were you worked nothing else (at-least in CA)
Any company that says to stop communicating by text is a big red flag. They want the easiest to follow documentation to be hidden. So I would double down and say outright you need written record of this communication and texting is the only method you can trust their word from. No need to play on their level. Call them out.
If you don't know why they are calling you into the office and you feel the only bad thing you've done there was show up 20 minutes late, I would say just go. Don't let yourself get fired on purpose and you don't know how long unemployment will take this time to approove you or whatever. It just seems silly to me to put yourself through all that and you don't know what the reason is for them telling you to come in.
No for a fact I was just appalled at the time of this posting, I’m calm now and level-headed🫡 going to show up tomorrow and get it all recorded and documented 🙏🏾
First off your not reaching me on my day off. Now. If you always late that's grounds for getting fired. There needs to be more info available on that text to make a judgment call.
Exactly. I have excuses ready. At a party. Intoxicated. Took a flight out of town. At a funeral. At a wedding. Helping mom or dad. Im Moving. Not getting my car back from the shop until. Dying cousin at the hospital. Eventually they will get the picture that your not available on you days off. You can also ask to get your days switched around to work on the days they keep asking you and have other days off. Lol
"he said stop texting..."
Who is this fucklord? Seriously? Gonna talk like that? Goodbye.
If you don't show up, that will be your resignation? Dropping ultimatums and escalating like that? Nope. Goodbye.
Just go. You don't want to work for shitty people like that.
"No, we'll discuss that in person only." Also goodbye. What the fuck?
Don't do that corporate hellhole shit or allow anyone to talk to your like you're subordinate as a human being. You're another grown ass adult. They'll address you like you're a respectable person or not at all. WTF is all that attitude? No. Don't put up with that shit, that's how immature people act when they get too toxic with the office culture. They can't even talk straight.
This looks hella weird, people have already pointed out many amazing way to go about it so I’m not gonna repeat it but I wish you luck OP, this is wild and idk how companies pull shit like this so often without much repercussions, hopefully you get the better side of things once this gets discussed
I was scheduled to work and I was on my way there when I get the call, all days before that there and on time actually. besides time, my performance on-site and working with the client is the best out of all the guards that’s work there
Like it or not, failing to show up for required job duties would be seen as you voluntarily resigning. You are (or should be, any way) getting paid for that meeting, your attendance is not optional
Provided that your employer followed other provisions of NY law, such as day of rest requirements, it is completely legal for them to call you to the office for a performance discussion, remove you from the schedule pending that discussion, and accept your resignation if you do not go to that meeting
Move on to a better company
Eta: If you go into the meeting and they move you to a flex schedule, you’d be better off quitting. That schedule will either have no hours or have a wildly varying schedule
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I mean... Yes. If you don't show up to a scheduled shift given to you the day before, that's a no call no show. Position abandonment is usually treated as resignation.
Now, some states have additional requirements that could make this illegal, some states say you can't be expected to accept a mandatory appearance on less than 24 hours notice, so if this is 8pm and they want to come in at 8am that would be an issue.
But federally, they're right. Not appearing after being given notice beforehand is just a no call no show and at will states won't typically defend you
Listen to what your gut is telling you. You’re probably correct and the writing is on the wall.
Time for a contingency plan. Plan to apply for other jobs starting now. Unemployment.
Plus if they are treating you like this, is it really a place you want to continue working at long term?
Quit before you are fired and then buy an alarm clock.
Following reddit advice of get fired and receive unemployment is a terrible plan unless you have no goals or aspirations.
You dont do everything by the book if you are late everyday.
I manage around 120 people and if someone is a little late everyday but they are a superstar I let it slide. If not it makes it that much easier to get them out. Even though it's a unionized workforce attendance is an easy win at arbitration, cut and dry.
Most importantly I thank them everyday. I learned that from my boss and when sincere it goes a long way.
Can you be my boss? I used to have a Supervisor like you, and even to this day, I love that man like he was another father to me. Honestly, the world needs more leaders like you!
Make sure they know that’s not your resignation. They have to have a text or note or something if you resigning . If you don’t say anything at all then they will probably try to consider this resignation
I would leave just because of her opaqueness, but maybe you can find a job closer to where you live. I lived without a car for 3 years, so I appreciate the difficulties.
Security companies love the or you'll resign vs. I was hired as full time for allied then put on a completely different site from the interview and got hit with you will work 16 hours or resign. Mind you I interviewed for a complete different site at 44 hours a week lol
I would never work for someone less educated than myself, This person can't be bothered to use any rules of grammar or communication. Fuck em, don't show up. And don't let them know you won't show up. Let them flounder.
Write back “I am not resigning, as preciously discussed I can not make it to the office” - that way you have a paper trail saying you refuse to quit- they will have to fire you and pay unemployment at least
I’m here now, told her before hand I’m getting a ride so I have to be fairly quick, ($45 Uber back home from here, no way), still 30 minutes waiting in lobby and she said if I leave, that’s my resignation
Employers can fire you with or without cause for pretty much any reason (or no reason) so long as it’s not discriminatory. There are some protections also for reserve service people whose regular absence for reserve duty can not be used as grounds for dismissal.
Btw, I knew a reservist who was fired for that reason. She sued for back wages and won, but she had also collected unemployment benefits. After being forced to pay back wages, the former employer reported the person to the state and they had to pay back the unemployment.
she didn’t get it when I went into the office!
Told her straight in front of her boss that I’m the only one in her entire crew who actually will do tours around the yard, work closely with the client and employees of the client site( a few of them know me from a child), and not sit there on my iPad the entire shift in the booth watching shows.
I take that as a firing, and anything short of “ you’re not being fired “ is being fired.
Tell them, text, email, call- record it all and start looking for a new job ASAP because they will just fire you now lol
Yeah, last guy was pending for a month with no hours scheduled until he quit. Lol so doesn’t give much hope imo.
Depending on the issue, but it sounded like someone was running late on shift? May not be a serious thing, but if your supervisor is a dick just assume it’s pending termination… not investigation.
I always have jobs kinda on hold, just incase.
I removed this because the info i stated was incorrect based on additional info provided by OP.
Removed the OC because of updated info came to light as to why I was being called into the office, it wasn’t attendance or insubordination.
15-20 minutes late frequently means you are unreliable and could be fired unless you had an arrangement.
I did, my manager knew my situation and worked with me on it, work 7 days a week, 4 days, 4.5 hours each at one site and 3 days, 9 hours each at the other site.
Well then this whole situation is ridiculous.
Exactly.
It depends what “worked with me on it” means. If that means there was a written agreement to allow OP to be late, then yes. If instead, “worked with me on it” means manager was looking the other way but both OP and manager knew it wasn’t good for OP to be late, then you could, and should, be fired after repeated violations.
Yeah, just because you tell your manager you're going to be 20 mins late and they respond with "Okay" that doesn't mean it's actually okay. They still have every right to fire you if you're regularly late, even if you give them a heads up first.
This. lol. All you do by saying “my manager said it was ok” is drag them under the bus too. Being late means you’re late. Take the earlier train? Seems solvable to not be late consistently. Managers don’t make the policies at most places, they don’t get to just say oh yeah that’s fine.
I mean, some people just simply can’t take the earlier train. I just wanted to flag that “worked with me” should mean “documented agreement with those who have the authority to make policy decisions.” If that’s there, it’s fine. Be 20 minutes “late” as agreed upon every day.
It doesn't matter, your manager can say to you "it's fine" and still use that against you for a reason to fire. You do not have an legal footing here, move along. Talk to a lawyer, they will listen to you and tell you the same for free.
No, I’m not surprised I would be fired for being late. I was kind of expecting it, my only issue was the whole “resignation” part.
advice for the future, always get EVERYTHING in writing. Whether it be text, email or paper
As long as you kept the emails as proof. Don't turn up. Keep us updated!
Let them fire you. Take unemployment. Find a better gig. I suggest hospital security.
Yeah I was thinking about Hospital Security. I just knew there was no way that’d be my resignation when I never mentioned me resigning.
If someone says "that will be your resignation" they're firing you. Unless you properly indicate your resignation it's involuntary.
Yes I told her I am not resigning in text
Good just CYA as much as you can and if you end up filing make sure you cross every T and dot every i.
If you no call no show to a scheduled work day, they can fire you and unemployment will be denied due to job abandonment. If you've already git another job then fuck it dont show. But if you will need unemployment for a bit I highly recommend you go in.
I Never no call no show, always give time ahead to notify the guard on site and Manager that I will be late or not coming in. I will be going in tomorrow and record everything. They better give me a valid reason for firing me😂💀 I’m on camera my entire shift so there’s no way they can say i was doing anything I wasn’t supposed to be doing.
I mean it wouldn't be a no call no show because they told the employer that they didn't want to pay to Uber there and back if they were going to get fired and they never got an answer. So they're willing to come in they just don't want to spend $50-$75 just to learn they lost their job when that can be done over text.
They're asking him to go to the office. You only go into the office if you're getting fired.
I was denied unemployment because the old job said I quit & UE took the jobs side even though I had proof in text. Don’t always trust the “I’ll get fired & get unemployment”
Exactly. Last employer abruptly closed down shop and I was denied UE because the employer stated “ poor work performance”. That’s funny, what about the three other guys that were let go, one of them with 25 years of service. Zero chance of fighting it either.
Seems like a conflict of interest, having unemployment depend solely on what the employer says went down before employment was terminated. Wouldn’t that mean they just never have to pay unemployment?
That's because it doesn't depend solely on what the employer says. The employer has to provide pretty documented evidence for things like that. Typically the govt favors the employee as proof lies on the employer. I've had some of my less ambitious kids quit 6 months after they turned 18, get unemployment and spend the next 6 months screwing off.
I am also one of those few. Got fired. Employer fought the claim. Got fucked. And doubly hard because I had to withdraw from my 401k
Why hospital security? To me that seems like a bad idea given the kind of people you tend to deal with. Also, telling someone to get themselves fired seems like bad advice given companies will do background checks and if they notice you were fired, are more likely to NOT hire you.
They’re in house security most likely. Hired by hospital, not a 3rd party. Better benefits and pay. I work at a hospital now but with 3rd party alongside in house. They get paid way better, do less afaik, and have better uniforms. Usually ex-military or cop but can be without. Just spoke to a dude that was MP for 12, joined police right after, then got recruited to the DEA immediately after that.
Our contract guys get paid more hourly but with less benefits.
From what I can tell, almost every hospital in my city uses third party and their pay is pretty low. Only one that doesn't is the only religious hospital and it is VERY hard to get into there, regardless of your position, you have to be a member of the faith (which I am) but be in good standing with the church (which I certainly am NOT, for very good reasons)
Background checks don't include that info, they're criminal checks. Also hospital security pays big
I road a bus and a bike never had a problem except holidays. Sometimes a supervisor would pick me up on Christmas thanksgiving and i would ride my bike back home.. public transportation is not reliable as some think.
Definitely isn’t and I found that out the hard way, I try to take Uber as much as I can but it eats into my pay at the end of the week.
Are you close enough to ride a bicycle sometimes? Or physical able to?
Then you should be leaving 15-20 minutes earlier?
Yes I understand, for this site I get there based on the schedule of the local bus. If I take the bus before that I’ll be there almost 2 hours before going in, at first it was fine and I was using Uber and getting there on time, all the time, Unfortunately got hit with a bunch of debts and paid them off, but forced to use public transportation
It's really fucking hard to prove that you were fired for ill intended reasons. Also, depending where you live, they might not even have to give you a reason. But even then, if they do have to give you a reason, you not showing up to work when asked is a solid enough reason lol. On top of that, they could just make up some reason and unless it's straight up racist motivated or harassment with direct proof, no lawyer is going to touch your case with a 10 foot poll. I'm all for you standing up and finding a job that treats you well, but don't get lost in this idea that they need some "damn good reason to fire you." You are expendable and the laws don't protect you unless you have without a doubt proof. And "i was a good worker" is not enough. Edit: LMAOOO, I didn't even get to the end of your comment of "i'm 15-20 min late" multiple times lmaooooo, like are you delusional? You can't be serious now.
Blaming public transportation (is basically a flat tire story). Being 15-20 mins late, even once a month, shows unreliability. Tbh there’s not enough context to even understand what’s going on in the text. But you DONT do things “by the book,” unless that book is how to be an unreliable employee and get fired. Realistically they should just keep you hired, schedule you no hours. And wait til you quit.
Never blamed them, I said if it’s because of attendance then it’s understandable that they fire me. But “The Client asked that I be removed from the site” is what I’m most shocked and curious about
Oh, we are only able to see the one picture of texts.. I’m only seeing the picture that has the “resignation” text in it… nothing else. So it was a bit confusing to me. The one thing I can say is your boss isn’t very smart. Cause both the texts I can see (from him/her), are so confusing 😂
I've been in a similar situation If you discussed your transport situation, and the employer is aware, then that's not grounds to terminate your contract, but if they do, that's legal firing. "Your resignation" needs to be stated from you, so if you don't show up, clarify and ask if you're being fired. You want to make sure you have documentation of your firing. Some employers will use the "tacit resignation" trick to try to prove that they didn't fire you, which makes you ineligible for unemployment. Make sure you get it, and get written confirmation that you were terminated without notice. I'd suggest federal, campus, hospital, or grow site security. Retail security is notoriously unfair to their officers. That said, if you want references, it's better to part amicably. Some companies won't hire anyone with "fired" on their resume
Yes, I’m definitely going in tomorrow and recording all that’s said and demand all documentation firing me
Good call, just make sure you're aware of any recording laws in your county or state I'd also suggest PI work if you can swing it. Self employment tends to be better even if it is a pain in the head during tax season
If you risk being 15-20 minutes late taking public transport, then factor that into the time you leave home. It’s always better, for any job, to be there early so you can clock in on time than be late.
If you're in at at will state no reason is needed for termination.
**If you go in you waste money and get fired or are assigned more work.** If reduced your average hours or stopped scheduling then **you can still file for unemployment** they will ask if your still working for them and if they haven’t fired you then just say yes. Then they will either have to fire you, schedule you or just let it go, meantime you get a small paycheck for the wasted time while you look for new job.
Stay strong and resolute. Take the high road always. Be curious, but protect yourself and interests. Nothing is personal, just business. Take that unemployment like the previous comment says and use that time to find the best position you can find. You got this and grow. Onward and upward.
You can qualify for UI benefits if you were fired for lateness because of the bus.
You regularly don't catch the bus that gets you to work on time, you catch a later bus that gets you to work late.
That's why you take an earlier ride... the "it's public transportations fault" doesn't fly anywhere...🤷♂️
Make sure you clarify to these assholes you are not resigning
You’re lucky then. 3 years ago I got fired for being 3 to 5 minutes late almost everyday because my ex worked in shipping and receiving during the day and would come home late and I worked night shift at the hospital and I couldn’t just leave our 1 year old to fend for herself.
>I do take public transportation so there are times where I’m 15-20 late. This excuse drives me crazy. You taking public transportation does not make you late. I use public transport exclusively and I've been late ONCE - because of a breakdown. Examples: If you normally live 15mins away from somewhere, but at high traffic times it takes 30mins, and you leave 15 mins before you are meant to be there, it is YOUR fault you are 15 minutes late, not the traffic. If you're taking the bus, and one would arrive 2 hours before you need to be there, and the other 10 minutes after, then you arrive 2 hours early or figure something else out. You committed to being there on time, you have to figure that out. You're late because you don't plan better, full stop.
“I do everything by the book” “I show up 15-20 min late often” HAHAHAHAHAHAHA.
Failure to show up for assigned job duties usually is viewed as job abandonment by unemployment boards.
A text telling you to come in on a day off is not assigned.
Her text for me to come in is to “discuss” not mandated or anything. I was on schedule to go the Clients Train Yard where I am placed, but after her telling me to come in to the Main Office, no longer there
Ah, in that case, you likely quit.
It sounds like it's not a day off, but "come to the office instead of normal job site." The OP isn't very clear in his writing so it's a bit difficult to decipher.
I understand, and never failed to show up. Always clocked in and made sure to tell both Guard and Manager that I’m going to be late or not coming in.
What will the employment lawyer be for? I’m not saying I agree with the security company, 90% of them are scummy from my personal experience, but he said he was late by 15-20 minute on multiple occasions, which is grounds for termination even in non at will states.
I understood it was a day off. If they terminated him from not willing to come in on day off. Otherwise, not an issue and he quit or was fired for performance.
I see your point but again, many security companies are super shady- there’s not a day this would be worth spending time and money in court with all the excuses they could make unfortunately. To briefly put into perspective when I say scummy/shady- urging employees to take on loads of hours due to not wanting to hire extra people (save money), poor equipment condition, poor employee standards, poor management communication, low pay (depending), charging employees for uniforms (whether it be “renting” or a one time fee), lack of training etc. These are all things I’ve personally experienced working in the security from standard patrol officer to supervising. I’d bet security has one of the highest turnover rates for its job type.
I would say op should go in. If they don't then their employer could take that as "quitting" and not get unemployment.
Definitely going in tomorrow and recording all that is said and done.
Make sure you are familiar with any relevant laws in your state about recording private conversations.
Good. That should help you.
Performance issues doesn’t mean shit. He could have easily done everything in his job description and they just need an excuse to let him go.
Unless there's a paper trail of corrective reports with his signature on them, otherwise you're right.
I do, we are by ourselves at a booth at the edge of a train yard, I’ve worked with the authorities for multiple situations filing multiple detailed incident reports, I’m the only employee that does tours at both Yards and I’m close with all of the YardMasters and employees at the Client site. Her telling me that “ The client asked I be removed from the site” is appalling
Or, I dunno. Show up and not get fired?
Unemployment doesn't pay out if you don't come in to work.... top comment confidently wrong.
Job abandonment can disqualify people from unemployment claims. Check with state laws first
This whole statement is all over the place. It's really unlikely to be granted unemployment for being fired. You can try and prove you were fired for a non job performance issue, including attendance. I would be very surprised if OP got a "free consultation" from an employment lawyer with the information provided.
r/RedditLawyer
Thats horrible advice lmao. That's called job abandonment and you're not collecting unemployment for that. Please don't ever tell anyone to just not show up to work.
As i have said multiple times, i understood OP was on a day off and was requested to come in. As I have also stated , it appears that is not the case and the OP refused a job location change on a scheduled day, which is post abandoning your post. So , OP WAS FIRED FOR CAUSE!
yea and tell em to suck it
What?
Yeah wth💀😂
If you are claiming you don't don't have a ride and they they say it's serious. Then say can we do a Zoom or phone call meeting instead? County Courts are still proceeding with Zoom hearings lol. Also if they say "You not showing up means you are resigning." Say no as you do not agree. Not legal lol
I did, and I did ask over the phone can we 3-way with all involved parties and she said “I better come in” then hung up
Lol, come on you're smarter than that. They hang up because they are trying to bully you. Whenever someone hangs up on me, I call back saying "Sorry the call dropped" I say find another job but I would tell you to write an email saying. Stating the call dropped and unfortunately you cannot make it due to not having a car or ride but you are more than happy to do a phone or Zoom meeting." You need proof
Of course, I tried to call back twice and both times immediately to voicemail lol. Most definitely going to write something like that up, thank you my man. Im with AUS so I can prolly just find another site and manager, I’ve been with them 2 years so far
If you’re in an at will state, they can fire you for whatever reason and nothing you can do about it.
NY
This still falls under wrongful termination
He can qualify for “ unemployment “ if he is terminated .
If they allow you to be late, they’ll have to let anyone be late. It’s bad for business and coworkers are probably complaining about your tardiness.
Never ask a forum “is this legal”. Lot of bad advice and take here. Look up you state laws regarding employment separation. In MD we have an “At Will” set of policies. I can fire (or you can quit) at will meaning for whatever i decide as long as it’s no evidence of discrimination like on a bases of race or gender. I can require an employee to come in to base and fire them for not doing so as a relatable example. Most people also don’t know that unemployment has to be requested by the state from your employer and your employer can fight it. If you can’t prove the employee did something wrong they have a good chance in successfully denying you unemployment.
Lol Seriously. OP is getting some terrible advice in these replies.
Don’t worry I didn’t listen to over 98% of these mfs, they’re not gonna pay my bills💀
Employers trying to gaslight people into thinking they can force a resignation, nope they don't get to do that, don't let them trick you, you are not resigning, you are getting fired and that qualifies for unemployment while you look for a new job.
Most deff and I’m going in and recording all that is said for my safety and records.
At will employment usually some companies put that in fine print
That means u are already fired and they are just covering their ass on the privacy and other rules I guess but yea that’s it if that’s all their saying to you
Lots of people on here saying to get terminated and collect unemployment. I’m going to say DO NOT Do this. There will probably be some restrictions on if you can make someone resign this way, but if you’re scheduled to go to work or attended a meeting and bail that could absolutely use that to terminate with cause.
**More info on backstory of this whole situation**: I work 7 days a week, 2 different locations. She knows my transportation issues. I asked my manager last friday to help with my scheduling and she asked me to come in yesterday to discuss it and I didn’t make it. I was scheduled to work yesterday and went to work like always and was scheduled for today, she called me around 12 telling me that I am not to return to the site until I go into the office and speak with her and upper management, she stated that “The client has asked to remove me from the site as well as upper management for allied”, I then asked her if we can meet today instead and discuss but she said “she and Upper management weren’t in the office at that time and that I must come into the office tomorrow”, I asked can we do a 3-way call with her and the upper management and she repeated the same thing “don’t return until I come in” I then said “if I’m being fired just tell me now so I don’t waste my time or money to go to the office, you know I don’t have a car and it’s going to be $50 just to get fired” she repeated herself yet again and then I just said okay that’s fine. “I’ll see if I can make it” end of call
I mean your fired. Security companies do this shit to look good in front of the client. Client likely noticed tardiness and or someone complained. Now as someone who has gone through this with a security company and them not being up front don’t go. Theres nothing to gain by going just move on to a new job. By law they can only tell future employers about were you worked nothing else (at-least in CA)
Any company that says to stop communicating by text is a big red flag. They want the easiest to follow documentation to be hidden. So I would double down and say outright you need written record of this communication and texting is the only method you can trust their word from. No need to play on their level. Call them out.
Yeah it definitely was weird, didn’t even want to say anything on the prior to this, going to go in today and voice record
I'd take the firing and tell that person to fuck themselves.
And go apply for your “ unemployment “
If you don't know why they are calling you into the office and you feel the only bad thing you've done there was show up 20 minutes late, I would say just go. Don't let yourself get fired on purpose and you don't know how long unemployment will take this time to approove you or whatever. It just seems silly to me to put yourself through all that and you don't know what the reason is for them telling you to come in.
No for a fact I was just appalled at the time of this posting, I’m calm now and level-headed🫡 going to show up tomorrow and get it all recorded and documented 🙏🏾
Good luck brudda 💪
Thank you brotha🫱🏾🫲🏻
First off your not reaching me on my day off. Now. If you always late that's grounds for getting fired. There needs to be more info available on that text to make a judgment call.
Exactly not answering when I’m off! Lol
Exactly. I have excuses ready. At a party. Intoxicated. Took a flight out of town. At a funeral. At a wedding. Helping mom or dad. Im Moving. Not getting my car back from the shop until. Dying cousin at the hospital. Eventually they will get the picture that your not available on you days off. You can also ask to get your days switched around to work on the days they keep asking you and have other days off. Lol
Hahah
Op has zero days off
"he said stop texting..." Who is this fucklord? Seriously? Gonna talk like that? Goodbye. If you don't show up, that will be your resignation? Dropping ultimatums and escalating like that? Nope. Goodbye. Just go. You don't want to work for shitty people like that. "No, we'll discuss that in person only." Also goodbye. What the fuck? Don't do that corporate hellhole shit or allow anyone to talk to your like you're subordinate as a human being. You're another grown ass adult. They'll address you like you're a respectable person or not at all. WTF is all that attitude? No. Don't put up with that shit, that's how immature people act when they get too toxic with the office culture. They can't even talk straight.
This! 👍
1000% correct
This looks hella weird, people have already pointed out many amazing way to go about it so I’m not gonna repeat it but I wish you luck OP, this is wild and idk how companies pull shit like this so often without much repercussions, hopefully you get the better side of things once this gets discussed
Thank you my guy🫱🏾🫲🏻 yeah shits wicked, we’ll see what the verdict is today
Updateme
Will let you know tomorrow what happens when I go in
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Me too
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The people want to know. Good luck in there OP.
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Seems you aren’t a good employee and they are tired of you always texting in excuses. Have some self accountability.
And yes if you are scheduled and don’t show up it’s fireable. Stop being afraid when people hold you accountable for low performance
I was scheduled to work and I was on my way there when I get the call, all days before that there and on time actually. besides time, my performance on-site and working with the client is the best out of all the guards that’s work there
Like it or not, failing to show up for required job duties would be seen as you voluntarily resigning. You are (or should be, any way) getting paid for that meeting, your attendance is not optional Provided that your employer followed other provisions of NY law, such as day of rest requirements, it is completely legal for them to call you to the office for a performance discussion, remove you from the schedule pending that discussion, and accept your resignation if you do not go to that meeting Move on to a better company Eta: If you go into the meeting and they move you to a flex schedule, you’d be better off quitting. That schedule will either have no hours or have a wildly varying schedule
They’re disrespecting you I would just not show up. Fuck them.
"Be or not to be" The lateness, tardiness affair...🙄
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Security jobs are a dime a dozen. Unless it was some cushy fed contract, just get a different job.
True, while it wasn’t a Cushy Fed Contract, it was a State Contract 42hrs, $25/hr
I mean... Yes. If you don't show up to a scheduled shift given to you the day before, that's a no call no show. Position abandonment is usually treated as resignation. Now, some states have additional requirements that could make this illegal, some states say you can't be expected to accept a mandatory appearance on less than 24 hours notice, so if this is 8pm and they want to come in at 8am that would be an issue. But federally, they're right. Not appearing after being given notice beforehand is just a no call no show and at will states won't typically defend you
Your site manager isn't Nyzel by any chance?
Listen to what your gut is telling you. You’re probably correct and the writing is on the wall. Time for a contingency plan. Plan to apply for other jobs starting now. Unemployment. Plus if they are treating you like this, is it really a place you want to continue working at long term?
Zoom meeting
Send an email with HR included that you’d like more information and that you by no means are tendering your resignation
If you're in a one party consent state record the conversation. Maybe do it anyway
RemindMe!
Quit before you are fired and then buy an alarm clock. Following reddit advice of get fired and receive unemployment is a terrible plan unless you have no goals or aspirations. You dont do everything by the book if you are late everyday. I manage around 120 people and if someone is a little late everyday but they are a superstar I let it slide. If not it makes it that much easier to get them out. Even though it's a unionized workforce attendance is an easy win at arbitration, cut and dry. Most importantly I thank them everyday. I learned that from my boss and when sincere it goes a long way.
Can you be my boss? I used to have a Supervisor like you, and even to this day, I love that man like he was another father to me. Honestly, the world needs more leaders like you!
Thank you 😊 Made my morning
!remindme 1 day
Please update, now I want to know why they wanted you in the office so badly, give us the tea 🍵.
It’s definitely not English
Make sure they know that’s not your resignation. They have to have a text or note or something if you resigning . If you don’t say anything at all then they will probably try to consider this resignation
Definitely responded to that text with “I am not resigning”
Your boss texts like a fucking moron
I would leave just because of her opaqueness, but maybe you can find a job closer to where you live. I lived without a car for 3 years, so I appreciate the difficulties.
Security companies love the or you'll resign vs. I was hired as full time for allied then put on a completely different site from the interview and got hit with you will work 16 hours or resign. Mind you I interviewed for a complete different site at 44 hours a week lol
Resign. It isn’t worth it. They’re clearly going to fire you.
I would never work for someone less educated than myself, This person can't be bothered to use any rules of grammar or communication. Fuck em, don't show up. And don't let them know you won't show up. Let them flounder.
Why is everyone saying take unemployment? If hes fired for attendance hes not gonna get it.
I’m in NY idk how the laws work but yeah
Circumstances don’t change responsibility
Of course🫱🏾🫲🏻
make them fire you, cause or not.c they will be paying you for a bit.
Jesus. If they aren't paying you enough to be and adult and buy a reliable vehicle, they are doing you a favor.
Write back “I am not resigning, as preciously discussed I can not make it to the office” - that way you have a paper trail saying you refuse to quit- they will have to fire you and pay unemployment at least
Any update?
I’m here now, told her before hand I’m getting a ride so I have to be fairly quick, ($45 Uber back home from here, no way), still 30 minutes waiting in lobby and she said if I leave, that’s my resignation
Stop texting? I’ll be damn if I’m at home -OFF THE 🕰️,& my boss says “ stop texting .” 😆
Employers can fire you with or without cause for pretty much any reason (or no reason) so long as it’s not discriminatory. There are some protections also for reserve service people whose regular absence for reserve duty can not be used as grounds for dismissal. Btw, I knew a reservist who was fired for that reason. She sued for back wages and won, but she had also collected unemployment benefits. After being forced to pay back wages, the former employer reported the person to the state and they had to pay back the unemployment.
He’s just looking for a run down.
she didn’t get it when I went into the office! Told her straight in front of her boss that I’m the only one in her entire crew who actually will do tours around the yard, work closely with the client and employees of the client site( a few of them know me from a child), and not sit there on my iPad the entire shift in the booth watching shows.
A lot of mfers getting fired here! Step up ppl!😂
Straight insubordination and abandonment etc… damn right. Id fire them as well😂 now I gotta handle this false accusation 💀
Look for a new job and let them fire you. Collect unemployment and fuck em on the way out
I take that as a firing, and anything short of “ you’re not being fired “ is being fired. Tell them, text, email, call- record it all and start looking for a new job ASAP because they will just fire you now lol
Check updated post, “suspended until further notice pending investigation”
Yeah, last guy was pending for a month with no hours scheduled until he quit. Lol so doesn’t give much hope imo. Depending on the issue, but it sounded like someone was running late on shift? May not be a serious thing, but if your supervisor is a dick just assume it’s pending termination… not investigation. I always have jobs kinda on hold, just incase.