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Hoping all is well.

Dontfeedthetrolls's picture

I wrote a few weeks back about my partner having a PTSD attack at work. Last night he texted me letting me know a trusted coworker gave him the heads up that the place is trying to fire him.

We live in a state where you can be fired at will so I'm pretty worried. The only thing helping us is they really don't have a reason. SO didn't come close to hurting anyone or really doing anything wrong. He also has phone recordings moving that his absence was supposed to be excused and that's supposedly how they are trying to get him.

His last paycheck was short and when we looked at it we found they had not excused the days like they were supposed to but thankfully my partner is already recording calls because of BM. The app is always active so he just goes through and deletes after... or not whatever... We live in a state where only one party has to know about the recording.

Hopefully nothing will happen in the long run. He' worked there a year and is one of the best guys they have. He's also been their longer than almost anyone. He got employee of the month not too long ago and trains new people. For a while he was the only guy who could do his job after 5 guys walked out in one night.

The worst part is knowing how close we are to ok. His VA claim is being processed and we've already dealt with the first round of rejection. This should go through. Ontop of that I'm so close to having one of my major debts paid off which will give me almost 400 extra a month. 

He feels horrible about the situation but I just want him safe. If they do fire him I'll have more push for him to apply for unemployatibly through the VA but I know that will drive him insane so it' a damned if you do damned if you don't.

Comments

ESMOD's picture

In an at will state, you can be fired for pretty much any reason EXCEPT your employer is subject to federal and state laws prohibiting job discrimination (as all but the smallest employers are), you cannot be fired because of certain characteristics, such as your race, religion, or gender. (For more information on discrimination, see Your Rights Against Discrimination and Harassment.) Similarly, you cannot be fired because you have complained about illegal activity, about discrimination or harassment, or about health and safety violations in the workplace (see Nolo's article Assert Your Safety Rights Without Fear of Retaliation). And you cannot be fired for exercising a variety of legal rights, including the right to take family and medical leave, to take leave to serve in the military, or to take time off work to vote or serve on a jury.

Usually when someone is in a situation like your husband, the best thing to do is to start a job search immediately.  If they want to fire him he will have very little recourse with them.. and why work for people that don't like you?  Better to quit than be fired assuming you have another job lined up.  Otherwise, he will likely need to be let go by them to be eligable for unemployement benefits.

Dontfeedthetrolls's picture

The company he works for is very large and nationwide. It's no one in particular that want’s him gone, just a number’s game. Our biggest hope right now is that he can get the absences excused like they were supposed to be since that is the only thing they have to fire him on. Yes they can do so for any reason but typically they have to have a reason and they don’t.

Our big push is for the VA to finalize and him start getting his benefits. It’s just a matter of time and we just need them to overlook him long enough to get the benefits. Since it’s been two days since he got the warning and even longer since the company would have started the push we hope it’s been forgotten. As it is they are already trying to replace his direct boss for the 3rd time in less than a year.

If he does get fired I know he will be looking for a job quickly but he doesn’t want to leave this position unless he absolutely must. With his PTSD he’s very limited and this place is perfect. It’s over night, in a large place, with very few people around. He gets along well with his coworkers and for the most part there are no stressors. I think general illness is what trigger the event that sent him home.

If he leaves here the best he can look at puts him on a line and very likely to be trigger by direct management. He’s not above getting a job in fast food but that would end up really bad for him.

Steppedonnomore's picture

Definitely have your DH start a job search. Better to be proactive.  Also, have him contact VA legal services to see if he would have any recourse since the incident at work was due to a medical issue. Also keep in mind that coworker may not have reliable information and the company may not be considering firing at all. 

Dontfeedthetrolls's picture

Since he doesn’t want to leave unless he must we’re kind of at a standstill on him finding a replacement job. We already know a few places he would apply and likely get hired on quickly and he’s not above selling plasma to get by until then so we should be ok.

We’re hoping since he’s already made it a few days since it was brought up and his direct boss recently quit they would have forgotten about him. This is a constant issue where he works. They play the numbers game and the turnover is high between them getting rid of people and people just walking out midshift. Since he’s been there a year he’s looking at another raise but they might be hesitant to get rid of him if there’s no real reason and they are already having to fill higher positions. The only thing they have to let him go on is these absence that were supposed to be excused and he’s trying to get to the day manager to play the recording of his direct boss (who’s now gone) telling him he was excused.