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I suspect that I will be fired wrongfully. I have worked in my department for 2 years and have been awarded 2 certificates for excellent quality service to customers. However in the past few months our manager was replaced and the new manager seems to not like me personally as my previous manager. Also the client, as we are a third party working for the client has also had a change of management and has begun implementing unreasonable demands upon our work. One example is that we are not allowed any dead air on our calls and we must be always smiling and happy on every call. Friday July 7, 2017 my manager requested me to sign a written warning to comply to the new unreasonable standards as my calls have had dead air recorded on them. I refused to sign as I don't see that I did anything wrong in the call. I turned 63 years of age in February this year and nearing retirement.
Thank you for your question. My name is Jon Pinkus and I am an employment lawyer at Samfiru Tumarkin LLP.
There are two important things to remember in a situation like this:
1) If you do not agree with a verbal or written reprimand, make your opinion known. If they force you to sign a warning, make sure you include comments stating what your disagreement is. It may also make sense to send your employer an email explaining your position on this issue. This is something that an employment lawyer can help you navigate.
2) An employer can terminate your employment for any time, as long as they pay you your proper severance. Generally speaking, the only way that your employer would avoid paying you severance is if they had cause for dismissal, in which case they would have to prove that the standards that they are imposing on you are reasonable. Just cause is extremely hard to establish on the basis of "poor performance."
If you receive a notice of termination, please visit our Free Severance Calculator at http://www.severancepaycalculator.com/ to find out how much you are owed.
Otherwise, if you would like to discuss your situation in more detail, please contact us at the number below.
There are two important things to remember in a situation like this:
1) If you do not agree with a verbal or written reprimand, make your opinion known. If they force you to sign a warning, make sure you include comments stating what your disagreement is. It may also make sense to send your employer an email explaining your position on this issue. This is something that an employment lawyer can help you navigate.
2) An employer can terminate your employment for any time, as long as they pay you your proper severance. Generally speaking, the only way that your employer would avoid paying you severance is if they had cause for dismissal, in which case they would have to prove that the standards that they are imposing on you are reasonable. Just cause is extremely hard to establish on the basis of "poor performance."
If you receive a notice of termination, please visit our Free Severance Calculator at http://www.severancepaycalculator.com/ to find out how much you are owed.
Otherwise, if you would like to discuss your situation in more detail, please contact us at the number below.