I was recently fired by my boss for insubordination- me and another employee had words not swearing at each other he called the boss told him what happen then handed me the company phone.the boss told me i have a attitude he doesnt need me anymore and to clock out go home im fired. i replied ill clock out and leave when my shift is over and hung up. i finished my job then clocked out because i didnt want any of my product left undone. he fired me of insubordination because i didnt leave and clock out when he told me to. but its company policy that im guaranteed 40hours a week....can i beat this charge?
replied to: steve419
Replied to: I was recently fired by my boss for insubordination- me and...
The laws of employment vary from state to state. However, chances of 'beating' this charge are almost non-existent. As your boss told you that your presence was no longer wanted, but you still stayed on the property, the Human Resources department would likely use the charge of trespassing in addition to whatever your former supervisor told them. This 40 hours per week "policy" also seems strange. This may be the policy required to keep any sort of health insurance. But I don't believe I've ever heard of a company with a policy guaranteeing a certain number of hours per week for hourly employees.
But one thing you might want to consider: do you really WANT to go back to an environment where your supervisor and co-workers generally are hostile to your presence? Assuming for a moment that you can 'beat' this charge. Do you want to go into an environment where at least two people will then be actively looking for an excuse to have you removed permanently?
I'd say you might be well advised to take your services elsewhere where you won't be surrounded by people who will be actively trying to get you fired.
