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Old 02-12-2009, 05:32 PM
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got fired for refusing overtime

hey whats up? I was a delivery driver for dominos pizza and jan 18 2009 i refused to work overtime so i was fired on the spot filed for wrongful termination and was told by a lawer as well by unemployment office in MD that the actions by me were gross misconduct and an indifferince to my employer and was denied for unemployment and the lawsuit was not even filed. Now i had 1 interveiw where they call my former employer and they told them why i was fired and i never got a call back from that interveiw when i call they said the position was filled.

now my question what are my options now? i have sevral applaications floating around
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Old 02-12-2009, 05:34 PM
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Keep trying. Eventually you will get a job. Lots of people have been fired and they find jobs again. Also, appeal the unemployment. Most people get it on the second go around. I know, I hire and fire people all the time.
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Old 02-12-2009, 05:45 PM
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File an appeal for the unemployment, and they will schedule a hearing where you can give your side of the story. Questions they will ask: Why did you refuse? Circumstances? How many hours did you work that day prior to refusing to work OT? Have you worked OT in the past when asked? Let us know how you make out.
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Old 02-12-2009, 05:49 PM
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One more thing, is Maryland a "Right To Work" state?

If so, they do not have to have a reason for firing you. They can just decide to let you go. Texas is that way. Fired employees have very little recourse.
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Old 02-12-2009, 06:00 PM
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i've worked from 1-9pm that day and i was tired and wanted to go home. in the past i've worked OT but not very often. managment had changed hands from nyokia to thomas, and thomas wanted me to work over time everyday i was Scheduled, and i had told him no many times in the past. i don't owne the truck i was driving my grandmother owns the 06 ranger because i could not get credit for another truck and she said 8 hours only since it is her responibilty.
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Old 02-12-2009, 07:51 PM
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Good lUck finding a job. Better get used to working 12 hours 6 days a week., Companies are going to sweat shop tactics to keep afloat. Main reason...Healthcare costs! It is cheaper to work 6 people 60 hours a week, then 9 people 40 per week.

Lesson for everyone else...toe the line at work, don't complain, and do your job. I am seeing alot of this type of firing. they are trying to set people up so they can be fired, with no chance of claiming unemployment insurance
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Old 02-12-2009, 09:04 PM
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Quote:
Originally Posted by 35l911 View Post
hey whats up? I was a delivery driver for dominos pizza and jan 18 2009 i refused to work overtime so i was fired on the spot filed for wrongful termination and was told by a lawer as well by unemployment office in MD that the actions by me were gross misconduct and an indifferince to my employer and was denied for unemployment and the lawsuit was not even filed. Now i had 1 interveiw where they call my former employer and they told them why i was fired and i never got a call back from that interveiw when i call they said the position was filled.

now my question what are my options now? i have sevral applaications floating around

Gross misconduct?? How so?
Did you curse out your employer?

Please explain who/whom said that your actions were gross misconduct for refusing overtime??
A simple "I can't work overtime, today/tonight. I have personal business to attend to", normally works.
(Been there. Done that.)



As for any 'references' from your previous employer, if you really expect a 'good reference' from them, from the sounds of your exit, I wouldn't count on it, and I would let any prospective employer know that you left on bad terms, and why.
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Old 02-12-2009, 09:37 PM
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Quote:
Originally Posted by Texas Outlaw View Post
One more thing, is Maryland a "Right To Work" state?

If so, they do not have to have a reason for firing you. They can just decide to let you go. Texas is that way. Fired employees have very little recourse.
You are correct. No reason is required in Texas. But, if the employer does give a reason, they had better have cause, documentation, and be right.

As long there is no discrimination involved they are still likely in compliance. Discrimination isn't defined only by race or religion. If you have a history of terminating because someone refuses overtime then it is not discrimination. If the company has a history of continuing to let others remain employed after refusing OT...then there could be a problem.

In addition, if they have allowed 35l911 to remain employed after refusing OT...many times previous as we read the story here... Then they would generally need to provide written notice if it is their intent to change this alleged previous practiced policy.

In right to work states, most educated employers will just simply state that the term'ed employee is "terminated without cause". Unless, of course, the employer is trying to avoid paying additional unemployment taxes. Then the documentation needs to be in place. While Texas is a business friendly state, businesses still have to follow the rules.
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Old 02-12-2009, 10:28 PM
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Uh, I dont mean to sound like an a** , but never turn down O.T. Thats good money. Unless you really cant put in the time, Its a good move to accept all the O.T. you can handle. ............And, it makes you one of the last to see the door when times get lean.
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Old 02-12-2009, 10:46 PM
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Talking

Overtime to me means time and one half per hour . If the boss just wanted extra hours and wasnt going to put in some extra pay thats for sure a dirty thing to do to you . Also overtime should mean you are told in advance so you can make plans NOT to get off on time and be able to do something you already have planned. As others said I would appeal.I once worked at a place that would require emergency overtime because of a broken water pipe etc and work maybe a 12 hour day. Then on the last day of the pay week they would want to send me home real early so I wouldnt go over 40 hours.What a ripp off.I quit Look for a real job. Food service has few real jobs.
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Old 02-13-2009, 12:57 AM
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First thing... did you know in advance that you would be doing some overtime? Most places are required to give at least some kind of notice beforehand, not just telling you, 'Hey, you gotta stay here until we say you can go tonight' when you come in for the day. I've got a job in town that I'm laid off from right now, and one of the reasons they gave me was that I did'nt do enough volunteering for OT. I figure, hey, I have other obligations... I just agreed to work for this company, not to sell them my soul.

Second, I agree with appealing for unemployment benefits, and keep shopping around applications. With the economy in the state it's in today, companies think they need to do more with less people and have their rear ends smooched on by the employees they choose to keep. It won't always be this bad, so hang in there, don't give up, and don't get down. Don't bad-mouth the employer, but let your work tell your story.

Thirdly, if you feel that your old boss is going to try and trash you to a new employer, then tell the new one your story up front. Tell them why you were fired, what the circumstances were, the whole thing. If you feel like that's not the way to go, then don't allow new employers to contact your old one. In my state (IA), all that an employer can legally release are the starting and ending dates of your employment and what you actually did for work there. Have you been in contact with the ones you applied to? Just because they have'nt called you does'nt mean you're out of the running, necessarily. Give them a call and ask if your application is still under review. If it is, all the better. If not, ask them why they did'nt choose you specifically. Learn all you can about why or why not you were'nt the best fit for them.

Good luck to you.
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Old 02-13-2009, 02:15 AM
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I know of some places that when you hire on that the papers you sign say that you will work the overtime. Misconduct can be almost anything. Even yelling back and arguing can be considered that. With online applications it is hard for many people to get in to explain why they were fired. Many businesses around here though won't go any farther than confirming the time that you worked there or the reasons for leaving due to lawsuits against them from the employee. I would file for a appeal and talk to the lawyer about if there is anything that you can do to get the reason for termination be changed. Lots of luck. I know my youngest boy got fired for a BS reason a few months ago and it took a little while to get another job and it now looks like it was a blessing in disguise. Keep plugging away and you find something probably.
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Old 02-13-2009, 05:42 AM
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Quote:
Originally Posted by kw5413 View Post
You are correct. No reason is required in Texas. But, if the employer does give a reason, they had better have cause, documentation, and be right.

As long there is no discrimination involved they are still likely in compliance. Discrimination isn't defined only by race or religion. If you have a history of terminating because someone refuses overtime then it is not discrimination. If the company has a history of continuing to let others remain employed after refusing OT...then there could be a problem.

In addition, if they have allowed 35l911 to remain employed after refusing OT...many times previous as we read the story here... Then they would generally need to provide written notice if it is their intent to change this alleged previous practiced policy.

In right to work states, most educated employers will just simply state that the term'ed employee is "terminated without cause". Unless, of course, the employer is trying to avoid paying additional unemployment taxes. Then the documentation needs to be in place. While Texas is a business friendly state, businesses still have to follow the rules.
The ones I fire are usually for attendance or poor performance. Those are easy records to keep in my business, so it isn't hard for me to get rid of someone when I feel it's time. On the OT issue, we have them sign a paper up front that OT is required and that it could be with very little advance notice. In that contract we also cover performance expectations and the attendance policy. Miss work excessively, scrap expensive steel or refuse to work the OT when needed and they're gone, simple as that.
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Old 02-13-2009, 06:06 AM
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About 35l911

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fat and lazy

Stop being "fat and lazy", your own words.

"i've worked from 1-9pm that day and i was tired and wanted to go home". Some times you have to suck up and be a man. Ah... to be young and foolish again.
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Old 02-13-2009, 06:56 AM
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I have worked the same job for 30 years. If I have less than 50 hours a week I start to worry.
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Old 02-13-2009, 06:56 AM
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