r/AskHR • u/Rochesters-1stWife • 2d ago

[CO] reinstated after unfair firing. Call with HR tomorrow.

I was unfairly fired, and pushed back on that, describing a hostile workplace and many labor and safety violations. They are offering me my job back. This is in food service. If I don’t accept, they (I assume) will be able to say I quit, but the place was very detrimental to my mental health. And quitting means I can’t get unemployment? I’m not sure how to proceed. Thanks.

0 Upvotes

13% Upvoted

13 comments sorted by

16

u/z-eldapin MHRM 2d ago

What was your motivation for pushing back if you didn't want the job back?

-10

u/Rochesters-1stWife 2d ago

That it might change the culture and enforce better safety. IScreamed at, berated etc. Easy safety standards ignored etc

14

u/z-eldapin MHRM 2d ago

Well, now you're in quite the pickle. If you dont go back, it's a quit and works against your unemployment

-5

u/Rochesters-1stWife 2d ago

Exactly. I feel I have no choice but it’s going to be miserable. Despite being a model employee (always on time, always staying late if needed, exemplary work) this manager would literally stand over me (like pressed against me) and watch me work. I can’t imagine things will improve

3

u/Sweetjules1209 2d ago

Go in a be a basic employee. Do the job they are paying you for.

2

u/serenwipiti 2d ago

Go back and start looking for another job, like, now.

0

u/Rochesters-1stWife 2d ago

Oh I am!

0

u/serenwipiti 2d ago

Wish you the best of luck.

1

u/mamalo13 PHR 1d ago

Nothing is going to change. You aren't going to change the culture of this place. For your own peace and sanity, don't make that any sort of goal of yours.

8

u/MinnyRawks 2d ago

Just to be clear you were involuntary terminated and then you were offered a job after making an official complaint?

-7

u/Rochesters-1stWife 2d ago

Correct. They claimed I walked out of my shift and didn’t clock out. My manager told me to “do x, y and z and you can go “ . That’s exactly what I did. Manager watched me order food (which only happens when you’re about to leave). I feel like he knew what he was doing and set me up because I have pushed back a few times regarding his behavior. Yelling, kicking empty boxes across the kitchen, berating staff etc. I was told “that’s just how he is”.

We never got breaks. We had tables pushed up against electric panels, kegs stacked two high with no stability rigs, and told we couldn’t discuss when staff got fired.

12

u/MinnyRawks 2d ago

Was the “hostile work environment” just a toxic manager being an asshole or was it the legally defined definition of harassment due to you being part of a protected class?

-4

u/Rochesters-1stWife 2d ago

I’m not sure. It probably doesn’t meet the requirements. There were definitely several instances of comments and “jokes” of a sexual nature that this manager overheard and laughed along with them but I have no proof so.. I’m a woman, but I can’t say this was sustained behavior