Expert: Timmy Chou - 8/21/2009

Question
My teenage son was employed at a fast food restaurant and was sent home by the manager telling him he was suspended for 3 days.  When he went in to check the schedule he was told by co workers that he was no longer employed.  Is there any recourse for this?  He was never officially on any corrective action and was never told why he was being terminated.  He went back in to talk to the manager and all she would say is "I'm not bringing you back."  We were told by other supervisors that she was looking for reasons to fire him and others so that she could hire her friends and family.  I know where I work we could never do this.  There are coaching and corrective action steps that must be taken before anyone is terminated.

Answer
Thank you for your question!

As I always note to questioners, mediators act as neutral third parties to disputes and never "get involved" in judging the merits of conflict, but merely use special techniques to help the parties decide how to negotiate their own settlement.

The case you describe here is very typical and can be considered a "classic" HR dispute presentation.  I cannot mediate this with you alone but I can respond to your question from my business consulting experience.

Note that this may have legal factors and you may wish to consult a labor attorney.

I often tell people that it may be useful to consider that right and wrong are not always the most useful places to begin in dealing with these sorts of problems.  For most large organizations there is only expedient and inexpedient.  Also, there is a cost to exacting justice and the costs can be quite high.  Remember that your person-hood and your work are not even remotely related and that the most successful people at work are often the least successful with others since they have often become successful on the bodies of those they have slain.

Your son is dealing with authority figures who are only interested in their own success or the path of least resistance in terms of how they manage the business.  I'm guessing they could care less about your son so don't put too much investment in their position.  Your son was terminated for business reasons and now you must create a business reason to deal fairly with your son.

Please begin by documenting a very careful chronology of events as they have occurred.  Names, dates and locations.  Put things in writing at this point paying careful attention to any evidences of good work or recognition.  In many states you can be fired for just about any reason without a problem.  These are known as "right to work" states.  However, you cannot be treated differently than other workers nor can established HR policies or procedures be violated without consequence.

Please request a written copy of the HR policies and procedures.  If the store level management will not supply it, escalate the matter to the regional level or corporate level.  Make sure you get a specific copy of the disciplinary procedures and the grievance procedures.  Also ask for a written explanation of the detailed reasons for the termination. Place your requests in writing and send them certified.  This will notice up the company that they have awakened a potentially serious problem and this will not please the corporate folks.  

Many states have Employment Commissions or other employment offices where you can file a complaint for free.  You should contact them right away and file a complaint.  You may also be able to file a complaint with the US Dept of Labor.  Find their offices and file a complaint.  

Be sure to send copies of your demand letter and any other correspondence to the DOL and the state office.  You might even want to contact the press or TV media and publicize the behavior.

Once you have the documentation you can look for policy violations and begin the process with the state or DOL.

Your sons company must see that it will cost a lot more to deal with all the problems you will cause them for their practices and then they will make a business decision and settle fairly with you.  

These are some ideas.  Feel free to follow up with additional questions.

For your information, the pros and cons of the types of dispute resolution methods follows.

GOOD LUCK!

Arbitration, Mediation, and Litigation

Arbitration: the referral of a dispute to one or more impartial persons for final and binding determination outside of the judicial system

Benefits of Arbitration:
   Confidential, no public record
   Limited exchange of documentation, information
   Quick, don't have to wait for a court date
   Arbitrators have expertise in the subject matter and are trained in conflict resolution
   Cheaper than litigation
   Preserves business relationships

Negatives of Arbitration

   It's a compromise, no 100% winner
   Complex arbitration can be costly
   If not satisfied, may litigate the arbitration procedure
   Poor results with an unskilled arbitrator
   Both parties must agree to cooperate in the process

Mediation: the process by which parties submit their dispute to a neutral third party (the mediator) who works with the parties to reach a settlement of their dispute.

Benefits of Mediation:

   Neutral mediator can objectively suggest alternatives not considered before
   Parties are directly engaged in negotiating the settlement
   Can be quicker than litigation
   Less costly than litigation
   Preserves business relationships
   85% of American Arbitration Association cases mediated find successful solutions

Negatives of Mediation

   may not reach a binding decision
   unskilled mediator

Litigation: using the judicial system to resolve disputes

Benefits of litigation:

   a clear winner and loser
   uses a prescribed set of procedures
   more predictable outcomes
   is final

Negatives of Litigation:

   waiting for court dates can do more harm
   usually more expensive than mediation and arbitration
   part of the public record