Legal Question in Employment Law in Illinois

Heres the story - On March 16, 2011, I was working at Calvin Klein (owned by the Phillips Van-Heusen Corp.). I wasnt myself that day, and refused to help customers. I had recently been promoted to a Floor Supervisor, but when approached by a manager of higher authority to customer service, I replied, "Im conducting an experiment to see how long it takes to get sent home from not helping customers." I realize that was childish on my part, but nothing to lose my job over. According to PVH policy, that would result in a written corrective, and 3 correctives are needed for termination. Another member of management told me to go on break and maybe that would help. While on break, a third member of management told me I could go home if I wasnt going to work; I took her up on that offer. I called the Assisstant manager that night off hours (the one who first confronted me and who happens to be a good friend of mine) to discuss what happened that day. I told her I was frustrated with my job, and that I may or may not show up for my next shift (2 days later). However, I reported for work on my next shift, where the GM of the store told me the someone had told her I quit and that they terminated me. I was still able to clock in, and she told me that I was "pending termination." I told her that since nothing had been officially done, that I did NOT quit and that was a false rumor. She did nothing for me. I filled for unemployment because I had not resigned and did not break policy to get fired. Therefore, I took it was wrongful termination. I recieved one weeks worth of pay from unemployment, but after a phone appeal from the company, it was concluded that I had to repay the money because I was terminated for "misconduct." However that is false. My termination paperwork states, "re-hireable" and "voluntary resignation." PVH refuses to let me get my job back. They say they're decision is final. Is this wrongful termination? Should I file a suit? What are my options?


Asked on 11/30/11, 8:24 am

1 Answer from Attorneys
Thomas Moens Moens Law Offices, Chartered

Unless you have an employment contract, your employer can fire you for no reason at all. Without reviewing the employment contract, assuming there is one, it is impossible to give you a definitive answer. I would say though, that blatantly refusing to do your job, and then being flippant with a supervisor about it, would clearly be a reasonable justification for termination.

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Answered on 12/01/11, 12:40 pm


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