Cupcakes with Termination Tasteless

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San Francisco, CA First there was the Twinkie defense and now cupcakes for the wrongfully terminated - only in San Francisco! While Maryann’s employer thought the gesture would soften the blow, she believes there is no room for cupcakes in the California labor laws.

Maryann, a paralegal, was given less than 24 hours termination notice. “I was called into the conference room just before 5 p.m.,” says Maryann. “First of all, my boss explained that my position was being eliminated due to financial difficulties and then he asked if I wanted a cupcake to celebrate a new change and transition.”

She didn’t quite have the appetite for a cupcake - chalk it up to bad timing and bad taste - her employer usually brought cupcakes to celebrate an employee’s birthday.

“I was the operations manager for a small immigration law firm that comprised 15 or so staff,” says Maryann. “My title was operations manager so I wore many hats for the attorneys, from handling HR to working with the tech guy. I couldn’t see how they could manage without someone working in this capacity. ‘Who is going to do my job?’ I asked the boss when he gave me the news that I was fired. ‘We’d like you to help us figure it out,’ he replied. ‘And when would you like me to do that?’ I asked.

“He wanted me to help him out the very next day. I was in a state of shock. The controller of the firm had recently left without notice so I was also doing some of her duties, including payroll.

“He could tell this news wasn’t sitting well with me. ‘Would you like to have an exit interview?’ he asked, and then had the nerve to ask what I liked about working here and what could they do better next time around. This really floored me: did he want me to help find a replacement?”

Maryann went to work the next day to ensure that she would be paid for vacation and sick leave. After all, there was no one else in charge of payroll. And she had the “exit interview” that more or less consisted of describing her job description.

“I knew the point of this interview was so that someone taking my place would be prepared, and that my employer would be better equipped to pick up the pieces,” she explains. “Then I simply left. I didn’t get paid for doing the payroll that day, nor did I get my last paycheck, which is another violation of the California labor code. In fact, I didn’t get my paycheck until two weeks later.

“There was more to being terminated than their excuse of financial difficulties. My boss told me that I wasn’t a good manager because I treated people like adults. ‘If you treat people like children they will act like children,’ I replied. (The firm consisted of three middle-aged lawyers and the rest of the employees were in their early 20s.) I took unpaid personal time when my father died and I think that is another reason why I was fired.”

Maryann asked her boss if she was getting severance pay - she thought one month’s salary would be fair for both employee and employer. He hadn’t thought about that. She followed up a week later via e-mail. He replied that the company was “broke” so she wouldn’t be receiving any severance pay.

“I had asked for a month but figured I would get two weeks’ pay; I had worked here for two years,” Maryann says. “I wasn’t expecting nothing - it was like a slap in the face. I believe they have money but I should focus on moving forward and not deal with a crappy past.”

Maryann is now collecting unemployment but she expects to be employed before it runs out. Adding insult to injury, she recently got a call from the accounting coordinator, asking Maryann if she could walk her through the payroll process - with no mention of compensation. “I helped her because it was important to me that people got paid,” she says.

“Before I got my first unemployment check, I consulted with two attorney friends: they recommended that I contact LawyersandSettlements because I wasn’t sure if I had a leg to stand on or not regarding wrongful termination. Then I found out that California is an at-will state. If I didn’t qualify for unemployment, I would definitely have filed a California labor lawsuit, but in the end, I am glad to be gone from that toxic environment with their cupcakes and moving on…”

(In 1978, Dan White gunned down mayor George Moscone and supervisor Harvey Milk. White’s defense team argued that consuming Twinkies had diminished his mental capacity and therefore White was not capable of premeditation required to be charged with first degree murder: he got off with voluntary manslaughter.)

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2 Comments

  1. Emily Rice
    November 3, 2013
    I can so relate as a RN, having lived through something similiar at the hands of a "new" nurse manager with an agenda of destruction....targeting a disability I had for several years of which I performed all the essential functions of my job & then some! Much more info available, and would love to connect, as I am absolutely determined to fight for justice for all the dear patients I took an oath to serve, no matter what....Together we can break this cycle...
  2. kim arruda
    October 31, 2013
    Dear EEOC, I feel I have been discriminated against for 2 reason, the first being a whistle blower of un ethical behavior and unsafe practices. I have been placed in unsafe situation causing me to be under increase stress while being employed by TGH. I have complained to my charge Nurse and was asked to leave by my charge Nurse and escorted off the premises. When I explained to HR what had happened that states they were sorry and it should not have happened that is not there policy? I complained to the retaliation I received after complains to my charge and then to my supervisors, and then to the Nursing director. I also have not received the correct pay for working just weekends, every other staff that works just weekends receive extra money in there pay for working weekends I asked Peter why I never received such a benefit he never responded to me, Other staff have told me they all get premium pay for working just weekend except me? I had to take care of 4-6 patient at any given time 2-3 would be ICU along with 2 other ER patient, well over the Nursing standards of Nurse to patient ratio. I went into meet with HR and the Supervisor after requesting this meeting, I was told that working 12 hours without having any type of break or relief for dinner was "Just The ER". HR and the Nursing ER supervisor was in this meeting when I complained about unsafe working conditions, retaliating and no meal or breaks what so ever most times I worked. I then became Ill after dealing with the stress form this job (Hashimotos) and I was told I needed a less stressful job due to the autoimmune disease I have and my labs representing a very stressed body. I was also instructed that I had nodules on my thyroid and I might have cancer and I will need a biopsy of these nodules. I informed the Nursing superviosr of these findings and instructed them I was placed on light duty due to my symptoms and the autoimmune disease getting worst under stress. I was at that point instructed to bring in the work note and then go to employee health to be medical cleared, I worked Sept 14-15th light duty in Pivot and triage then I went to employee health Sept 16th after working 12 hour night shift and was given a note to return to work on light duty. I received a copy and gave myNursing supervisor a copy on Sept 15, 2013. I then received an e-mail on Sept 18, 2013 stating I needed to talk to HR and not to return to work. I then called HR and left several messages, she called back stating I need to have a meeting with HR, Nursing supervisor and Employee health cornering my work restrictions because my nursing supervisor stated I could not work in the ER at this time with any restrictions there is no such thing as light duty . I explained at that time I had just worked 2 12 hour shifts on light duty and I was fine? HR stated I was not supposed to have worked ? HR then stated that Employee health would be calling me to go over my restrictions. I called employee health because I need to know if I was working the weekend, they stated they had no ideas what I was talking about that I was cleared for light duty. I called HR back and gave her this information I never received a call or e-mail back form her and she was out of the office Friday. I then called employee health and left a message for the supervisor of employee health , she called me back stating I could not come back to work while on restrictions and I should not have been cleared to work and her will talk to her staff? I asked why can I not come back to work? She stated my supervisor is refusing me to work because I am now a liability to the hospital. I instructed her I am the only one with health insurance and I will not be able to pay for my treatment , what if I have the cancer what am I supposed to do? She stated I cannot come back to work as long and I have restrictions. My symptoms at this time is dizzy ness, sob intermittent chest discomfort, blurred vision to name a few, I am attempting to seek care and get better. I have been a RN for 15 years giving everything I have to this profession my sweat tears and my time away from my family. I have never been out for sick leave or any type of leave, I have never been asked not to come back to work ever. After 15 years I am left with no insurance no wey to get treatment and no JOB! Thank you for your time Kim Arruda RN, CLNC

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