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Desperate for advice!

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  • 05-11-2008 4:59am
    #1
    Karma_Police
    Closed Accounts Posts: 56 ✭✭


    Hey all,

    I was hoping to get some advice on my current situation in my job, as I’ve never been in this situation before and want to know how to handle it.

    Backround; Ok, so I’ve been employed in my local centra, part-time, for the last 2 and a half years. I've been "introuble" with management before, for making silly mistakes - late, swapping shifts, not showing up... etc, but I’ve never had any disciplinary action taken against me in any way shape or form, no suspensions, verbal or written warnings. I have also done alot of favours for my employers, doing deliveries, coming in when they're really stuck blah blah... Overall a good employee

    Now here's the problem, last week I was given no hours, which was strange in itself, and this week my name's been taken off the roster, with rumours from other part time staff that I’ve been fired.. Now my name was removed without any contact to me from management, and the only reason they contacted me was because I rang them for 2 days, only finally getting a text back today, saying I was to meet the owner on Thursday to "talk about" my hours.

    So basically, I think they're going to give me the axe, but surely this is completely illegal as they have not gone down any of the roads that are necessary to legitimately sack an employee - verbal warning, suspension etc. Am I right in thinking this? That’s my first question

    my second is, what way should I approach this meeting on Thursday? I have never been in a situation like this before, and I’m rather nervous. I don't think they really have a reason to fire me...

    Thirdly, if they do give me the axe, and I want to bring them to court, what do I do? Do I say this to my employer? Say nothing? And do I have any entitlements?

    Finally, I have some major dirt on this owner... And I’m thinking, is blackmail an option, what can I gain from this? I don’t want a bad reference on my CV for a job that I’ve spent the last 2 and a half years in! That could really hamper my chances of getting another job, and my reputation...

    ANY help would be hugely appreciated...

    Thanks for reading
    Karma


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    #2
    Nody
    Moderators, Category Moderators, Arts Moderators, Business & Finance Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 18,315 CMod ✭✭✭✭Nody


    Karma_Police wrote: »
    Hey all,

    I was hoping to get some advice on my current situation in my job, as I’ve never been in this situation before and want to know how to handle it.

    Backround; Ok, so I’ve been employed in my local centra, part-time, for the last 2 and a half years. I've been "introuble" with management before, for making silly mistakes - late, swapping shifts, not showing up... etc, but I’ve never had any disciplinary action taken against me in any way shape or form, no suspensions, verbal or written warnings. I have also done alot of favours for my employers, doing deliveries, coming in when they're really stuck blah blah... Overall a good employee
    No, over all at best an ok employee and even that is stretching it.
    So basically, I think they're going to give me the axe, but surely this is completely illegal as they have not gone down any of the roads that are necessary to legitimately sack an employee - verbal warning, suspension etc. Am I right in thinking this? That’s my first question
    They are letting you go because of reduced hours required, no they don't need to go down the disciplinary for that (speculation based on what you said).
    my second is, what way should I approach this meeting on Thursday? I have never been in a situation like this before, and I’m rather nervous. I don't think they really have a reason to fire me...
    Being late, not showing up, swapping shifts with out telling would all be good reasons in most employeers books. How ever the most likely answer is that they are reducing the positions and hours in general and hence not fire you due to disciplinary.
    Thirdly, if they do give me the axe, and I want to bring them to court, what do I do? Do I say this to my employer? Say nothing? And do I have any entitlements?
    You speak to a solicitor but chances are you got no recourse what so ever.
    Finally, I have some major dirt on this owner... And I’m thinking, is blackmail an option, what can I gain from this? I don’t want a bad reference on my CV for a job that I’ve spent the last 2 and a half years in! That could really hamper my chances of getting another job, and my reputation...
    Yup, you're sure a stellar employee, can't see how anyone could think otherwise!


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    #3
    AARRRGH
    Closed Accounts Posts: 12,382 ✭✭✭✭AARRRGH


    Companies have to follow some sort of disciplinary procedure - what does your contract say?

    The fact that you've been there for 2.5 years means you are covered by employment law.

    I think things are very much in your favour at the moment.

    Forget about the blackmail nonsense.

    It is possible they are making you redundant.


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    #4
    Karma_Police
    Closed Accounts Posts: 56 ✭✭Karma_Police


    Nody, that was a fairly negative post from the word go. Those mistakes that i've made - swapping and not showing up (due to circumstances) happened in the first year of the job. It'd be a bit late to call me up now on that... Also reduced hours wasnt a choice of mine, it was a quick change of tact on my employers behalf... Also if they are reducing positions, would it not be more likely that they would be letting those who have been hired in more recent times over a "veteran" (i'm the only member of staff who's part time thats been there for 2 and a half years, the job turnover has been huge)...

    AARRRGH - I rarely see my contract, and i'm not going to be seeing it soon i'd say. The thing is, even though i've been there a long time (in my books 2 and a half years is long) i only signed the contract 3 to 5 months ago, though i stated in it that i started in 2006... So i dont really know what my contract would do for me in complete honesty


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    #5
    Pat Mustard
    Registered Users Posts: 9,554 ✭✭✭Pat Mustard


    Karma_Police wrote: »
    Nody, that was a fairly negative post from the word go. Those mistakes that i've made - swapping and not showing up (due to circumstances) happened in the first year of the job. It'd be a bit late to call me up now on that... Also reduced hours wasnt a choice of mine, it was a quick change of tact on my employers behalf... Also if they are reducing positions, would it not be more likely that they would be letting those who have been hired in more recent times over a "veteran" (i'm the only member of staff who's part time thats been there for 2 and a half years, the job turnover has been huge)...

    AARRRGH - I rarely see my contract, and i'm not going to be seeing it soon i'd say. The thing is, even though i've been there a long time (in my books 2 and a half years is long) i only signed the contract 3 to 5 months ago, though i stated in it that i started in 2006... So i dont really know what my contract would do for me in complete honesty

    If they are making people redundant, get on to your union, if you are in one. Otherwise, if you are working for more than 2 years, you are entitled to statutory redundancy. If they make you redundant, get your entitlements. There is a procedure to be followed here as well. If they don't pay your entitlements, then sue them in the employment appeals tribunal. Your union rep or solicitor will advise.

    If they are just going to 'cut' your hours and not make you redundant, you could regard that as 'constructive dismissal' (they create a situation where you leave or want to leave) and sue them for unfair dismissal in the employment appeals tribunal. Again, union rep or solicitor, unless you wanna do it for yourself. Nothing to stop you, just that you might not be used that sort of thing.

    It is a tactic of some employers to start getting nasty with employees when they want to fire them/ make them quit. Don't take any of that nonsense. You have to find out what you are entitled to, and stand up for your rights.

    Good luck.


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    #6
    Mrs OBumble
    Registered Users Posts: 25,960 ✭✭✭✭Mrs OBumble


    Karma_Police wrote: »
    Also if they are reducing positions, would it not be more likely that they would be letting those who have been hired in more recent times over a "veteran" (i'm the only member of staff who's part time thats been there for 2 and a half years, the job turnover has been huge)...

    Ahh, no, not necessarily.

    How much is your hourly rate? How much is the hourly rate of the newbies? If you were the boss and needed to cut costs due to the current economic situation, then which person would you reduce the hours for?


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    #7
    InReality
    Registered Users Posts: 1,374 ✭✭✭InReality


    do you think you would be able to work with some-one you have blackmailed ? Is prob a panic reaction to the possiblity of losing your job, but I don't think its worth seriously considering.

    Signing the contract a few months ago should not make much of a difference. There will be plenty of paperwork to show you have been there for x years , payslips etc , if there is any problem , IMHO.


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    #8
    duracell
    Closed Accounts Posts: 37 ✭duracell


    Karma_Police wrote: »
    Nody, that was a fairly negative post from the word go. Those mistakes that i've made - swapping and not showing up (due to circumstances) happened in the first year of the job. It'd be a bit late to call me up now on that... Also reduced hours wasnt a choice of mine, it was a quick change of tact on my employers behalf... Also if they are reducing positions, would it not be more likely that they would be letting those who have been hired in more recent times over a "veteran" (i'm the only member of staff who's part time thats been there for 2 and a half years, the job turnover has been huge)...


    Last in first out is a thing of the past. An employer is perfectly entitled to let any member of staff go if the needs of the business dictate. Even if someone has only joined the company 1 month ago, but has more to offer in terms of keeping the company viable, than say an employee who has been there for years,the employer is entitled to make the longtimer redundant. And you my friend fall into this category


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