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  #1  
Old May 14th, 2015, 12:01 PM
Ruthiford
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Jason
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Fired because of a false accusation....

My wife and I had dinner with some old friends this week. One topic of conversation was that my friends husband was recently let go of his position for, what he claims was, a trumped up charge.

Travis (friends husband) was the service manager of a dealership.
He claims he went to visit a customer who was upset with the service his team had provided. The matter was ultimately resolved but the customer called and complained.

Ultimately he was terminated which he feels was unjust... No prior instances of this type of thing, no investigation, etc.

Do any of you have experience dealing with an unemployment situation like this? One where there were no witnesses, no proof of either sides claim?

The conversation was shocking to me because I thought the burden of proof was higher than what he described for termination.

What say you...
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  #2  
Old May 14th, 2015, 12:08 PM
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Sounds like an "At Will" employment situation...no reason required. It's tough but it's a two way street he could quit with no reason.
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  #3  
Old May 14th, 2015, 12:15 PM
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Quote:
Originally Posted by Ruthiford View Post
The conversation was shocking to me because I thought the burden of proof was higher than what he described for termination.


Quote:
Originally Posted by Bill Larson View Post
Sounds like an "At Will" employment situation...no reason required. It's tough but it's a two way street he could quit with no reason.
^^^ This. ^^^
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  #4  
Old May 14th, 2015, 12:20 PM
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if a dealership fired their service manager for only one complaint, there's wouldn't be any service managers anywhere. Sounds like they wanted him gone and needed some reason to document their intent, for whatever reason. Probably so they could backfill him with someone nephew or other form of nepotism.
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  #5  
Old May 14th, 2015, 12:35 PM
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Originally Posted by Overlander View Post
if a dealership fired their service manager for only one complaint, there's wouldn't be any service managers anywhere. Sounds like they wanted him gone and needed some reason to document their intent, for whatever reason. Probably so they could backfill him with someone nephew or other form of nepotism.
The Dude probably brought his Beagle to the shop...
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  #6  
Old May 14th, 2015, 12:38 PM
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Sucks - but...Colorado follows the legal doctrine of "employment-at-will" which provides that in the absence of a contract to the contrary, neither an employer nor an employee is required to give notice or advance notice of termination or resignation nor give a reason...

He is SOL
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  #7  
Old May 14th, 2015, 12:43 PM
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I echo the posts above. As an "at-will employee" he could be fired at any time for any reason....even a bad one, unfortunately.
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  #8  
Old May 14th, 2015, 12:47 PM
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Explain "Visit a customer". That sounds like a mistake.
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  #9  
Old May 14th, 2015, 12:48 PM
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Originally Posted by Willh View Post
I echo the posts above. As an "at-will employee" he could be fired at any time for any reason....even a bad one, unfortunately.
coming from Will this is funny.
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  #10  
Old May 14th, 2015, 12:50 PM
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Originally Posted by Bill Larson View Post
The Dude probably brought his Beagle to the shop...

well, that certainly changes things, doesn't it?
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  #11  
Old May 14th, 2015, 01:16 PM
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Originally Posted by sonoronos View Post
Explain "Visit a customer". That sounds like a mistake.
He told me the long story and I said the same thing. He said the customer was upset from go.

------ Follow up post added May 14th, 2015 11:19 AM ------

All the sentiment of "At Will" I agree with, based on everything I have heard previous.

With regards to Un Employment where does the burden of proof lie? How does one prove a negative? How do you prove you did/did not do something? From hearing the description of his time there I believe they did want him gone for some time.
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  #12  
Old May 14th, 2015, 01:25 PM
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Quote:
Originally Posted by Ruthiford View Post
He told me the long story and I said the same thing. He said the customer was upset from go.

------ Follow up post added May 14th, 2015 11:19 AM ------

All the sentiment of "At Will" I agree with, based on everything I have heard previous.

With regards to Un Employment where does the burden of proof lie? How does one prove a negative? How do you prove you did/did not do something? From hearing the description of his time there I believe they did want him gone for some time.
The burden will be on the employer to provide evidence for rightful discharge to deny unemployment. It's doubtful they will contest but if they do there will be a hearing to make case.
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Old May 14th, 2015, 01:28 PM
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Originally Posted by Bill Larson View Post
The burden will be on the employer to provide evidence for rightful discharge to deny unemployment. It's doubtful they will contest but if they do there will be a hearing to make case.
Again, ^^^ This. ^^^

Bill is on it today.
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  #14  
Old May 14th, 2015, 01:50 PM
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If this person had asked his supervisor if he should personally attend to the customer at their residence, he would still have his job. His supervisor would no doubt say no to such a wild hare, and the complaint would be kicked up the chain. There is a slew of reasons why "Travis" should not have done such a thing. lesson learned we hope.
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  #15  
Old May 14th, 2015, 02:03 PM
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Car dealerships are the worst employers on the planet. I've never met anyone that has been treated well working at a dealership.
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  #16  
Old May 14th, 2015, 02:23 PM
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Quote:
Originally Posted by Ruthiford View Post
My wife and I had dinner with some old friends this week. One topic of conversation was that my friends husband was recently let go of his position for, what he claims was, a trumped up charge. Travis (friends husband) was the service manager of a dealership. He claims he went to visit a customer who was upset with the service his team had provided. The matter was ultimately resolved but the customer called and complained. Ultimately he was terminated which he feels was unjust... No prior instances of this type of thing, no investigation, etc. Do any of you have experience dealing with an unemployment situation like this? One where there were no witnesses, no proof of either sides claim? The conversation was shocking to me because I thought the burden of proof was higher than what he described for termination. What say you...


I had a mazda once, brand new! I had a blown engine after a month. To make a long story short, lots of shitty jobs were made and I did complains. Believe me nothing happened to the head of services. He, and still is, a complete @s$ ! Nothing ever happened to him, not a single slap on the wrist. I wish he had been fired but... So why your friend been fired? Might be a bit over the top! But hey, it's hard to judge when your not in the situation...
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  #17  
Old May 14th, 2015, 02:54 PM
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Originally Posted by LostChord View Post
Again, ^^^ This. ^^^

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  #18  
Old May 14th, 2015, 03:04 PM
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Happened to myself and another individual at the same company two or so years ago. We both filed for unemployment, both were disputed by the employer, and we both won our dispute hearings. Like others have said though, "at-will" employer states can let anyone go, at anytime, for anything. But if they dispute the unemployment case and lose the hearing, they are fined.
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  #19  
Old May 15th, 2015, 09:41 PM
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Quote:
Originally Posted by Red90 View Post
Car dealerships are the worst employers on the planet. I've never met anyone that has been treated well working at a dealership.
Usually based on the unreasonable, lying, conniving, cheap,shitty customers. And of course the commission based pay structure which pushes every employee to squeeze the maximum amount of money from each customer.
And then of course every customer wants and tries to spend as little as possible.

A great business model.
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  #20  
Old May 15th, 2015, 10:31 PM
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This is antagonistic... your post is very biased towards your friend's husband, obviously. What was the false accusation?
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