'taken OFF schedule' due to slander...

[slamn101]

Well, I am quite upset right now as I was getting ready for work, I recieved a text message that I am not on the schedule for today. This is curious as I am the Store Manager.....I mean, this NEVER happens. I left work early on Friday as I was vomiting horribly due to a MEAN stomach virus. Well, one of the guys whom I do not particularly get a long with (can't stand one another, but we do for the business' sake) called the owner of the business---stating that I was on "drugs." So, the owner shows up to the shop, says that I should go home and get well, then speaks with said coworker and comes back and asks if I need a ride to the Hospital?!?! I replied "No, I think it's just my ulcers acting up, but that if it got worse, then I would seek medical attention." It did get worse and I went to the "walk-in" clinic where I saw a physician who told me that I have a stomach virus....not uncommon around here right now, and gave me antibiotics....and told me to stay home and in bed drinking lots of fluids. I relayed this to my boss. (this was on Friday). Now, on Monday morning, they wait until I am on the road to work to send me the text message (that I am not on schedule TODAY). So I call the owner and he says that because of my past problem (1 1/2 years ago, took 2 weeks off to get off of cocaine), and the fact that the cook (my adversary at work) told them that I was on "some drugs" that I would not be employed there anymore, but that they would keep my cell phone on and my insurance going for a month. This is completely BULL! I would take a drug test in a heart beat...when I told them that, they just said, "nah, that's not necessary...ummm...we'll see what happens in a couple of weeks." So basically, they want to see if they can cut their highest paid employee and still run efficiently. Oh, by the way, the 'cook' is an alcoholic whom IS drinking on the job, but I don't wanna be a little snitch like him. I DO want time to get a new job, and a GOOD reference....how can I achieve this?

Sorry so long...I am really upset right now,


Slamn101

 

[cbg]

If you are asking how you can force the employer to rehire you, or alternately to provide you with severance, and if you are asking how you can force the employer to provide you with a good reference, the answer is simple; you can't.

What you have described falls into the unfair but not illegal category. Your employer is allowed to believe the cook over you.

Now, if you can prove that the cook said you were taking ILLEGAL drugs as opposed to "some drugs" (after all, antibiotics are drugs), you MIGHT prevail in an action against him. But there is nothing you can do to force your employer to continue your pay until you find a new job, or to dictate what he says in a reference.

 

[Michael Wechsler]

BTW, text messages that may be defamatory are called libel.