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Unfair Dismissal?


Question Posted Saturday November 24 2012, 4:36 pm

I am 21 and finally got a job in a toystore after 18 months. I had been working there just over a month when with no warning my area manager dismissed me.

Prior to this I was given 5 full days off with no explanation and on my last day after the 5 days my sign on sheet vanished and I wasn't on the following week's rota.

The area manager called me into the office and said that I had clearly struggled and not settled in and she couldn't keep me on because I wasn't enthusiastic despite research into certain brands of toys.

I feel like I have been stitched up. What can I do?


[ Answer this question ]

Additional info, added Friday November 30 2012, 2:08 pm:
I live in the UK and also have not been paid like the rest of the staff and have been told to wait for a letter in the post as it may contain a cheque. Is that normal?

I was also bullied at work and other members of staff had been late, hungover and had unoffical extended breaks and I did not do any of that. I also did not swear on the shop floor like the guys at work did, yet I was the one dismissed.
.

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Maybe give some free advice about: Job Searches?


NinjaNeer answered Sunday November 25 2012, 9:40 pm:
We really need to know where you live to give you more information. Labour laws vary from country to country and even regionally within countries.

I would advise you to read over your employment contract, which you should have signed when you were hired. Most jobs have a probationary period lasting a minimum of 3 months, during which you can be fired (or quit) at any time with no reason required. This allows you to leave quickly, with no obligations, should you find better employment or if you don't find the job to your liking. It also gives the employer a chance to see how you fit into the working environment, see how you work and how you get along with your coworkers. After the probationary period, you're entitled to notice and any severance outlined in your contract, and the employer has to have a legitimate reason for firing you.

In the US, as adviceman says, they're considered "at will". They don't have these sorts of protections, so if you do live in an area that operates under these conditions, you are definitely out of luck.

You can contact your country/state/province's labour board for more information (most is available online) or you could try an employment help centre if you're still having trouble figuring it out.

Unfortunately, so long as the contract doesn't contradict the law, it will apply. There's no recourse in cases of unfair dismissal before the end of a probationary period. I know it sucks; I've been there before. It's just a case of moving on and trying to learn what you can from the experience.

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adviceman49 answered Sunday November 25 2012, 11:02 am:
From how you write I would have to conclude you are not from the USA. This leaves me with little knowledge of how to or what to offer in the way of help.

Here in the USA you would be called an "At Will Employee." Meaning your job is at the will of the employer and you can be dismissed at any time for any reason. There is also the fact that you were also most likely a probationary employee having worked their such a short time. In both of these circumstances an employee can be dismissed without reason at anytime.

If there is a wages and hours board to complain to you might have an avenue of complaint with them. Especially for the 5 day suspension without cause or reason. That is the best advise I can offer without more information as to where you are working. Such as country or state.

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