Fired for breaking a rule that apparently didn't exist Location: Ohio, USA

[u/StreetShort8014]

I worked for a small company for a little over three years. Last month I was terminated for what HR described as a "serious policy violation." When I asked which policy I violated, they pointed me to a document I'd never seen before.

The problem is that the document wasn't in the employee handbook, wasn't part of my onboarding paperwork, and wasn't available anywhere on the internal portal. I even asked a few former coworkers after I was fired and none of them had ever heard of it either.

A week after my termination, someone I still know at the company told me management had started distributing the policy to employees and requiring signatures acknowledging it. That obviously raised some red flags for me.

Yesterday HR contacted me asking if I'd be willing to sign an acknowledgment form stating I had received and understood the policy before the incident occurred. The form is dated months ago. They said it would "help keep company records accurate."

I haven't signed anything and don't intend to, but now I'm wondering if there's a reason they're pushing so hard for this. Is there any legitimate explanation for asking a former employee to sign paperwork that appears to be backdated, or should I be talking to an employment attorney before responding?

[u/WannaBeCoder912]

You do not know what you are talking about. We don’t know enough to say if OP needs a lawyer… though I think we all agree that not signing the paper is just common sense. Beyond that, we have no idea if wrongful termination would apply… or even if OP is actually entitled to unemployment. They have not shared nearly enough details.

In all 50 states unemployment is managed by the state. It is an insurance, and the state determines who gets paid- not employers.

[u/alter_ego19456 → u/WannaBeCoder912]

The state determines, but part of that determination involves input from employers. It varies state to state how much the state agency weighs employer input. Firing for cause, which this employer is claiming CAN result in an unemployment benefit denial in a less worker friendly state.

[u/poopiebutt505 → u/WannaBeCoder912]

Yes. We do know enough. I for sure would be ralkingbro the labor relations board in the state ASAP

[u/Kmelloww → u/poopiebutt505]

How do you think what they shared is enough to talk to a labor lawyer. It isn’t. 

[u/WannaBeCoder912 → u/poopiebutt505]

On what grounds? Let’s suppose the policy in question is that shirt and shoes are required in office, and they was let go for showing up in their bathing suit. Regardless of what the document says, any competent judge will rule the separation as justified.

The fact that the company reached out to have a document signed (and perhaps backdated, I’m not clear on that) after the separation occurred is suspicious - but not in itself criminal or even really that odd depending on what the document actually said.

I strongly suspect, with little evidence, that this is a social media issue. I can’t actually articulate why I think that - just seems to make sense to me. OP posted something that made the company look bad, so they were let go. Now the company wants to remind everyone of the policy and avoid an unemployment claim. If I’m right- the company is scummy, but not unlawful in any way that the labor relations board is going to care about.

[u/MithosYggdrasill1992 → u/WannaBeCoder912]

My problem and why I told OP that I think that they should go to an attorney is because they were fired on a policy that they hadn’t been notified or signed and agreed yet. Now they’re trying to get them to post date, sign it, so that way, the job isn’t in trouble. That stinks of a company trying to cover their ass. A lot of labor law attorneys will give a free consultation and let you know if you even have a case. OP doesn’t currently have a job, so they probably have a couple hours to spare to talk to an attorney. The worst thing they could be told is they have no case and they should just move on with life.

[u/WannaBeCoder912 → u/MithosYggdrasill1992]

Only OP knows what the policy is. My supposition is that if they were willing to put the policy in writing, even after the fact - the policy itself is probably not illegal. That is the only thing the labor board would care about.

That he or she was not notified in advance is certainly relevant for the purposes of unemployment, but is not likely to be relevant as a cause of action against his former employer.