I recently received a call from my Boss/Sole Proprietor while he was away on vacation, informing me of the reason for my termination(on a Tuesday after the holiday weekend) after he left for vacation on Friday.

I recently received a call from my Boss/Sole Proprietor while he was away on vacation, informing me of the reason for my termination(on a Tuesday after the holiday weekend) after he left for vacation on Friday. He stated that, after reviewing the security footage during his vacation, he noticed I had a vehicle on the rack waiting with no other work coming in and that I was at my workstation using the computer for an extended period. The shop had been very slow for the past two weeks, and my hours were unexpectedly reduced without prior notice or explanation.

During this time, I was at my workstation completing ASE training modules that had been approved by management as appropriate to do when work was slow. My understanding was that this training was part of our agreement to use downtime productively and prepare for ASE certification. I can only assume this was misinterpreted as “stealing time,” though that was not the case.

Around the same time, I sustained an injury on the job. While I was receiving treatment for the injury that weekend, I discovered that the company had already posted a job listing that appeared to be for my position. The week prior to the injury, I had confronted management regarding promised raises that were cut in half without explanation, and shortly afterward, I was told to begin taking one-hour lunches instead of the usual thirty minutes.

After that, management began to single me out and nitpick minor or previously resolved issues. I addressed these concerns directly and even asked if I should be looking for another job, which they denied. However, it became clear that they were trying to push me out following my injury and in connection to the workers’ compensation claim I was not given the opportunity to file.

This sequence of events — the timing of my injury, reduction in hours, sudden scrutiny, and eventual termination — suggests retaliation and an attempt to remove me due to my workplace injury and the potential workers’ compensation claim.

What can I do?

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9 Comments

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  1. Anonymous

    Speak with an attorney. Most consultations are free. Or call your labor board. If you don't want to do these things, put it behind you and move on.

  2. Anonymous

    File the workers comp claim, they cannot fire you while on workers comp. Since they are aware of the injury and it happened prior to being terminated, it is a valid claim. It also sounds like they were wanting you to quit, then you had an injury.

  3. Anonymous

    Check with an employment attorney and file for unemployment. Most will provide a free session as an assessment of your case. This all sounds very shady to me, but they are in a better place to advise you. You should be able to file the WC claim retroactively.

  4. Anonymous

    File a charge against the company with the EEOC in your area. Do this right away because there's time limits on filing charges for retaliation/discrimination against a company.

  5. Anonymous

    Hire an attorney that specializes in workplace retaliation and workers comp. Come prepared with whatever documentation you have for what happened. Good luck, it will take time to get through a legal battle but I suspect they would offer you a financial settlement vs. going to court which can be costly on both sides. Contact your local bar association for a low cost referral that may take your case pro bono. Most will if the substantiating evidence and case is strong enough. Additionally, you can file an EEOC and FEHA claim as well but the lawyer might guide you on that too. You will not likely get reinstated so don't think that will happen but hopefully you can recover from this situation more rapidly with a reasonable settlement offer. Good luck.

  6. Anonymous

    Hire and employment attorney ASAP

  7. Anonymous

    First regarding a vehicle on the rack with no other work coming in. Your job is to complete customers work before you do your training modules. A customers vehicle should never sit for you to do training modules that can clearly be done when no customer vehicles are there.

    second - do you have a paper trail to show retaliatory termination? Cause I can assure you, your employer has their paper trail ready. Not trying to be negative to hour situation but realistic.

  8. Anonymous

    I was thinking the same thing; the vehicle should have been taken care of prior to any training being completed. I have numerous mechanics in my family and leaving a vehicle sitting, and just one at that, to watch training modules would be a big customer service "no no". Business stems on how quickly and efficiently customers get their vehicles back and if they are made to feel like a "valued customer".

    And maybe I am misunderstanding, but it would seem that if a job posting was spotted while poster was getting an injury treated, wouldn't the job had to have already been posted prior to the injury, not in lieu of it? It seems to me, based on the posters own timeline, that possibly the job was posted after the poster went to management to complain about pay raises, and they may have seen poster as being a complainer. I have witnessed this with my own son-in-law who has lost numerous jobs because he is a constant complainer and when he doesn't get undeserved pay raises (poor attendance, low productivity, constant complainer, non team player; all reasons he has been told) he always raises a stink and has a poor attitude afterwards. Just my opinion, but putting a customers vehicle on the back burner while sitting and doing training modules instead doesn't scream "dedicated worker" to me or warrant a hefty raise.

    I'm sorry for the negativity, I am looking at this from a management standpoint, and it really does not appear that you would have a solid case if you chose to try to pursue legal action.

  9. Anonymous

    100% concur. And the posters saying to hire an employment lawyer if just setting the OP for failure and frustration. The OP needs to learn from their errors and not duplicate them going forward

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