Terminated after identifying payroll issue

[Pupdog]

I was terminated from a co I worked for 3 yrs at - paper says for not following co procedures??? THis was 2 wks after identifying a department wide payroll issue - they had to pay out all tech's owed commission. The day they payed I was suspended for missing a mtg (I did miss w/reason and I had adv fill in mgr). Day b4 I was to report in - vmail said no work for me - don't come in. Next day I was terminated.

(I am certified in field & been there the longest, I am the oldest employee in that dept (ovr 50) I have never been written up b4 this).

I believe commission is still owed - I know i can file with labor board for that
but what about the rest - is this retaliation, discrimination or unlawful termination - does this sound like any? Is one easier to prove? Do you go with one or all ?

In reality all I want is a job that I can support my family with - now I am not sure I will even get a recommendation or good reference - how do I explain 3 yrs and then being fired - I have never been fired before?

Should I ask for a copy of my file? I think they are trying to build a papertrail that does not exist - I signed the termination sheet (in shock) before I really understood what they were saying.

What should I do?

 

[cbg]

In what state is this?

 

[Pupdog]

Sorry - this is in CA - and I know its employment at will -I feel like if I had not said anything about the underpayment I would still be working. THe other 4 techs all got checks for the owed money too. I think there is more owed to everyong. I am getting it all together. Thank you for your help.

 

[cbg]

The reason I wanted to know your state is that it matters whether or not you are legally entitled to see your file. In your state you are entitled to see and have a copy of anything you have signed.

It's not illegal discrimination. It MIGHT be retaliation (which would in this case automatically make it an unlawful termination) but it's by no means certain.

Were others who missed the meeting also fired? That would help clarify it. I agree the timing is suspicious but a little more information would help the situation.

You can certainly discuss it with an employment attorney or the DLSE.

 

[Pupdog]

Thank you - it wasn't really a formal mtg . The mgr (filling in) said come in after you are done so we can review you are filling out the job paperwork correctly to 4 of us that am. Before I left I told him I might have to leave early to go out of state to a family funeral if I could arrange the flight in time. My job cancelled, I dropped the van off at the shop, I spoke to another person there (a mgr ) and said why it cancelled and I went home to find a flight . I got the vmail of the suspension later that day. everyone else had jobs that didnt cancel so they had paperwork to review and met with this mgr (filling in for our normal one) that day - I had none to review & I was trying to find a flight - I ended up not going b/c I didnt want to go without work/pay (and got suspended anyhow). It just does not seem right the way it all happened. If they dont have work - lay me off - but to make up that I am not doing my job correctly - that is not true - they called in the rest of the crew (3) and said I was let go for not doing my job correctly (or so i heard).