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Recourse after fired for 'under-performance' b/c I wasn't supplied w/ the tools necessary for the job despite multiple requests?
Anonymous6 views4 answers
I was terminated because maintenance tasks could either not be completed at all, or the tasks would take me much longer to do to adequately simply because the manager refused to supply the proper tools that would allow me to do these tasks. I have made repeated written and verbal requests for these tools and the request is either denied or ignored. One time, the tool was available however it didn't run and when I notified manager that it needed repairs, he said to either fix it or do without. But yet I was never allowed to allocate time to fixing it. Out of desperation, I even used my unpaid breaks one week trying to get the tool to work but to no avail. I feel like I did everything I could possibly do to keep my job and to fulfill my duties but couldn't b/c I was denied basic necessities
Unless you can prove you were treated badly because you are a member of a protected class of people (like race, religion, etc.) there is no law that requires an employer to treat the employee in any particular manner. That means an employer can throw an employee into a situation, give them no training, not give them the proper tools, and even place unreasonable performance expectations on the employee, and it is not unlawful. It is a goofy way to run a business, but it is not against the law. That means unless you are part of a union where some additional procedural safeguards may be in place, you have no recourse for what has occurred to you. Sorry.
Good luck to you.
There is no law preventing your employer from mistreating you or treating you unfairly. What you describe is terrible, but not unlawful. The only time this type of mistreatment is unlawful is if the reason your employer is doing it is because you are a member of a protected class (race, religion, disability, etc.) or because you engaged in protected activity such as reporting the employer's illegal activity and they are retaliating against you.
Under these facts as you describe them, you have a good defense if the employer were to appeal your unemployment claim, presuming you have worked long enough to be eligible for any meaningful amount of unemployment and file a claim. You also might have a claim worth making with the labor board for the unpaid break time you felt you had to use trying to get the employer's equipment to work so you could perform your job. These are not things you need a lawyer for and not things that will get you this job back, but they are things that may help you get a bit of income to help cover some living expenses while you look for another job.
Your employer has no legal obligation to give you the tools to succeed at your job. Most private sector employment is purely "at will" and as such can be terminated at any time for any reason not amounting to discrimination on the basis of a legally protected trait (race, religion, gender, etc) or retaliation for engaging in certain protected activity (filing a workers comp claim, taking FMLA leave, etc.), regardless of whether the basis for termination is fair, reasonable or true.
It sounds like this job was not the right fit, both for you and your employer. All you can do in that circumstance is move on. You should be eligible for unemployment benefits in the mean time. Good luck to you.
