Fired without proper explanation

LegacyUser

Recently, I was fired without proper explanation while working without a contract for a high- profile media company that receives public funding from the state broadcaster and the BAI. I had been working for the company for three months having given a commitment to work for the company three months before their latest venture had received funding and three months before I started my first day.

Although I was continually promised a contract with the company that I was working for, my contract was repeatedly delayed by my boss. I continued to work for my boss without a contract as I firmly believed, however naively, that he/she would eventually deliver on their promise of a contract and that my loyalty to my boss would be rewarded. The day on which I was promised my contract was ready and on which I was due to sign my contract was, coincidentally, the very same day that I was fired without proper explanation.

For the entire time that I was working for the company, I was working unpaid and without a contract: I was told that the company had been advised that I should not be paid until the contract was ready and the contract had been signed by me. I have subsequently asked my former boss to supply the name and contact details of the individual who advised that no- one be paid until the contract had been signed; my request has been met with deafening silence.

I had been hired to develop blogs and social media and to research content for the media company's new, publicly- funded venture. A blog piece that I had written as a sample of my work had been held up as example of the type of work that the company wanted to produce: not only was this piece the very work that used to hire me, it was also the piece that was used to fire me.

In a phone call on a Friday, my boss told me that a complaint had been made by "someone high up in the industry" about the piece that I had written. When I probed for a name and for more details regarding the nature of the complaint I was told that no name could be given. I have no reason to believe that any complaint against me was ever made. I was told to come into work the following Monday morning, during which time we would sit down and discuss the alleged complaint and discuss a way forward.

Without any democratic discussion- as promised- regarding the alleged complaint, my boss sat me down told me, in no uncertain terms, that I would no longer be working for the company. I was fired on the very same day that I was expected to sign my much- delayed contract. When I raised the point that the very same sample of work that had been used to fire me had previously been used to hire me, my former boss stamped down their foot and ended the discussion, there and then, instructing me to leave the building.

I subsequently found out that while I had been working unpaid, without a contract and performing nothing less than diligently for their benefit; that while I had been putting in 150% of my efforts for their gain, despite having my contract delayed and despite not being paid, that they hired someone else to do my job. The person that they hired to replace me started on the very same morning that I was fired.

I have since repeatedly emailed my former boss and my former boss' superiors in the high- profile media organisation in question, demanding a full, proper explanation- in writing- as to why it was that I was fired from my position without full, proper explanation, without being paid and while having my contract delayed.

Unsurprisingly, my former boss hasn't replied to any of my emails regarding my firing and my boss' superiors have completely wiped their hands of the situation by claiming that my boss was acting "independently" of the organisation and that they have no say in the hiring and firing of staff.

I feel incredibly let down and humiliated as I had trusted my former boss, I had been loyal to my former boss and I worked very, very, very hard- day in, day out- for my boss, despite not being paid a red cent. I honestly and truthfully cannot think of a single reason that could warrant my firing.

I understand that because I was working without contract that I have no grounds for legal action and that my former boss is not bound to give me a reason for my firing. How best, then, can I achieve closure from this terrible, humiliating situation? Does anyone out there have any advice on how I can move forward from this?

Nody

Yes; walk away and learn your lesson not to start working until you have a contract next time because you'll never get an answer you'll accept.

hawkwind23

sounds very distressing, i dont know much about it and this isnt the place to get accurate advice.
i would speak to citizens advice etc.

unless you are there for over a year then your rights are less , however you dont need a written contract.

dont beat yourself up too much about it , happens all the time.

davo10

OP, was a wage discussed and agreed by you and employer before you started ?

Were you to be an unpaid intern/full time employee/self employed contractor? If you were a contractor and were not paid, you may have rights over the material you produced.

Most jobs have probationary periods and three months would be typical, your employer does not have to explain why you were not made permanent but it is courtesy to do so. In this case they seem not to be happy with the standard of the work you were employed to do.

There is a set time frame for a contract to be offered (2 months, provided you are to be in receipt of a regular wage) you may be better contacting HR rather than your former boss.

If I were you I'd forget about losing the job and just focus on getting what you are owed in wages.

Pro Hoc Vice

OP seek legal advice, you do not need a written contract. While you more than likely have no claim for unfair dismissal the non payment of wages may (depending on the facts) be another issue. But the only way to be sure is to get proper independent legal advice.

seb65

Contact an employment law solicitor. There are a number of issues in your above scenario that are of concern.

Save all emails/work product as well.

Moocow100

Yes; walk away and learn your lesson not to start working until you have a contract next time because you'll never get an answer you'll accept.



Id advise to go with this ,I was between contracts and was offered a contract by a Engineering company in Clonmel, during discussions I was told that I would be required to be on site (IN Colombia ) Before christmas anyways contract delayed I arrived on site the conditions Job was not as described . I resigned after 4 weeks and as per contract yet unsigned .
I never recieved a cent for my time and costs incurred , I sent solicitors letter's etc and as my contract is unsigned and the way the company is set up I have no other regress . So in a long story short walk away and learn the lesson...

bbam

After having just worked there for three months you can be let go without any reason.. contract or not.

I'd say your best option is move on.. I'll probably be barrated for saying this but... don't be making a nusience of yourself sending streams of emails, at three months your expendable. I'd have thought it was a small enough circle of employers in that business and you don't want to get a name for being a pain in the ass, sorry if that sounds harsh but its probably the reality.

Pro Hoc Vice

bbam wrote: »

After having just worked there for three months you can be let go without any reason.. contract or not.

I'd say your best option is move on.. I'll probably be barrated for saying this but... don't be making a nusience of yourself sending streams of emails, at three months your expendable. I'd have thought it was a small enough circle of employers in that business and you don't want to get a name for being a pain in the ass, sorry if that sounds harsh but its probably the reality.

As a statement of fact the bold statement is 100% incorrect. What if the OP was left go because of something he published in support of Gay rights, or Traveller Rights could he be left go then with out problem. What if a boss says we are leaving you go because you are a women or gay, or disabled? WIthout knowing the full facts no one on here can advice the OP and a simple short conversation with a Solicitor will put the matter to bed.

The OP may also have not received salary properly due to him for 3 months at a minimum that would be 3-5,000 euro, do you think a person should just walk away from that if legally entitled to it.

Also I do not think its unreasonable to send a stream of e-mails over 3 months if I had not been paid nor given contract as promised.

jimb43

don't forget to put it in writing , and send it under recorded delivery as i believe electronics mail is not really classed as "official communication" in writing keep copies and record delivery . Good luck to ya, be interested to know who the company is ??. but i suppose wit would be prudent to get your final outcome before you name and shame.

Tuisceanch

It would make sense,if you have not done so already,to send an email to all relevant parties stating precisely your grievances. If the company does not see fit to answer then you know,if you still had any doubts,that they had no intention of acting in good faith. Research your legal position and seek proper advice and make your former employer aware that you will being seeking legal redress if they do not see fit to pay you for your work. It may be prehaps prudent having researched your viable options to walk away but to do so on the basis that you don't want to gain a reputation as a trouble maker might be pragmatic but you might also gain the reputation as somebody who is prepared to be taken for a ride.

bbam

infosys wrote: »

As a statement of fact the bold statement is 100% incorrect. What if the OP was left go because of something he published in support of Gay rights, or Traveller Rights could he be left go then with out problem. What if a boss says we are leaving you go because you are a women or gay, or disabled? WIthout knowing the full facts no one on here can advice the OP and a simple short conversation with a Solicitor will put the matter to bed.

The OP may also have not received salary properly due to him for 3 months at a minimum that would be 3-5,000 euro, do you think a person should just walk away from that if legally entitled to it.

Also I do not think its unreasonable to send a stream of e-mails over 3 months if I had not been paid nor given contract as promised.

Indeed you're technically right in correcting me..
But any manager worth their salt would just say, thanks but no thanks, its not working out here, please work your notice and then tidy your desk.

stevenmu

Like others have suggested, you should really consider legal advice before taking any action.

With that said, in your place I would probably send an extremely large invoice for my time to the boss (and everyone up the chain), and make very clear in nice bold letters that the rights to any work done by you remain yours until the invoice is paid in full.

Godge

infosys wrote: »

As a statement of fact the bold statement is 100% incorrect. What if the OP was left go because of something he published in support of Gay rights, or Traveller Rights could he be left go then with out problem. What if a boss says we are leaving you go because you are a women or gay, or disabled? WIthout knowing the full facts no one on here can advice the OP and a simple short conversation with a Solicitor will put the matter to bed.

The OP may also have not received salary properly due to him for 3 months at a minimum that would be 3-5,000 euro, do you think a person should just walk away from that if legally entitled to it.

Also I do not think its unreasonable to send a stream of e-mails over 3 months if I had not been paid nor given contract as promised.

Well let us get technical.

There is no claim he can make under the Unfair Dismissals Act as he had less than one years service.

If he was discriminated against, under one of the classes in the Equality Act (sex, race, age, etc), he can make a claim and if he won, would get monetary compensation. Need to prove discrimination is a problem here.

There is a possible claim under the Payment of Wages Act. This would have the best chance of succeeding if he could show that he had agreed a paid position. If the employer came along and said that it was an unpaid volunteer intern post to get the company off the ground, what answer does the OP have?

Whether it is worth pursuing comes down to the OP. Is he up for a fight? Is it a small industry that will get him a bad name? Will he be looking for work off that company or similar companies in future? Does he have the money to spend on a solicitor and pay the solicitor if he loses?

All of those need to be considered as well as the potential for success.