My question involves labor and employment law for the state of: Illinois.
I'm a bartender for a corporation. I recently was terminated last Tuesday for joking around with a co-worker, where a customer overheard us and called into the restaurant and HR calling for my head. What was supposedly said out of my mouth was " I will punch you in the face" and " I will kill you" to a server that's a woman. The customer clearly took it out of context and I kept saying there was no malicious intent whatsoever. We were both joking around. I asked them on what grounds can you fire me for joking around with a co-worker and nothing being said directly to the customer? The GM said it falls under harrassment/sexual harrassment. I said those are completely false accusations. I said would like to talk to the owner and HR to fight for my job back especially since I have never been written up or done anything wrong here to warrant this.
The owner calls me on Friday we start talking and I apologize for being unprofessional but that is being blown out of context. He responds with I have created a hostile work environment which I clearly havent .He then says I have been warned before about this. Which I respond with no one has ever warned me of this, I would have to sign off on this. Then starts saying that I'm calling him a liar. I respond with I want to see the termination file and that I also have money I have to come pick up. He says a manager will follow up with both.
Two hours later calls me and says I understand you want to be in law enforcement is this why you're worried about what's on your record. I say yes. He says there will be nothing in the file that will be written poorly about you preventing that. Now I'm thinking they don't even have a file.
Calls me 15 minutes later and then says we can offer you a resignation letter to write saying you left on short notice and that there will be no record on you only the paper. Now I'm thinking isn't right. I tell him I'll call him back I have to think about this.
Need legal help and advice if I have a case or should pursue one or just do the letter??
I'm a bartender for a corporation. I recently was terminated last Tuesday for joking around with a co-worker, where a customer overheard us and called into the restaurant and HR calling for my head. What was supposedly said out of my mouth was " I will punch you in the face" and " I will kill you" to a server that's a woman. The customer clearly took it out of context and I kept saying there was no malicious intent whatsoever. We were both joking around. I asked them on what grounds can you fire me for joking around with a co-worker and nothing being said directly to the customer? The GM said it falls under harrassment/sexual harrassment. I said those are completely false accusations. I said would like to talk to the owner and HR to fight for my job back especially since I have never been written up or done anything wrong here to warrant this.
The owner calls me on Friday we start talking and I apologize for being unprofessional but that is being blown out of context. He responds with I have created a hostile work environment which I clearly havent .He then says I have been warned before about this. Which I respond with no one has ever warned me of this, I would have to sign off on this. Then starts saying that I'm calling him a liar. I respond with I want to see the termination file and that I also have money I have to come pick up. He says a manager will follow up with both.
Two hours later calls me and says I understand you want to be in law enforcement is this why you're worried about what's on your record. I say yes. He says there will be nothing in the file that will be written poorly about you preventing that. Now I'm thinking they don't even have a file.
Calls me 15 minutes later and then says we can offer you a resignation letter to write saying you left on short notice and that there will be no record on you only the paper. Now I'm thinking isn't right. I tell him I'll call him back I have to think about this.
Need legal help and advice if I have a case or should pursue one or just do the letter??
Getting Fired: Fired After Joking Around With a Co-Worker
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