Re: Wrongful termination

More | Report Post

On 6/23/03, CJ wrote:
> On 6/23/03, Sir wrote:
>> On 6/23/03, CJ wrote:
>>> Hello, if anyone can help, I was told by HR that I was
>>> being terminated affective 7/1/03 for poor performance.
>>> I've never received any info or documentation to support I
>>> was a poor performer and am completely shocked. Since I
>>> never received any feedback, documented ect. to support
>>> that I wasn't performing to par, should I have received
>>> some form of due process. I am a production manager, my
>>> subordinates at least receive a performance improvement
>>> plan prior to termination, although exempt, I still feel I
>>> wasn't treated fairly. Can anyone help? Thanks. I plan
>>> on filing a suit against the company.
>>
>> Unfortunately, your lawsuit will not go far, unless you are
>> under a contract with the company or work in Montana.
>> Otherwise, you are presumed to be employed "at-will" and are
>> not entitled to any due process (notice and a hearing).
>>
>> Best of luck.
>>
>> Thanks for the info, BTW am I to assume that because I'm
> employeed at will, I cannot fight the fact that I have
> received no documentation to support that I was a poor
> performer and I have documents to support that my team set
> numerous performance records. Once I fell out of favor with my
> immediate supervisor, the communication dropped off and I also
> got injured in a motorcycle accident and am currently out on
> short-term disability, I wouldn't be successful fighting? Is
> it fair to allow my subordinates an opportunity to receive an
> improvement plan and their manager not, prior to termination?
> I was told by HR that if I signed a form stating I wouldn't
> sue, I would be given compensation/settlement to sever our
> relationship, what do you think? Would I be better off filing
> for discrimination because once I stopped going to
> breakfast/lunch with my boss, my communication with him
> started to decline? Thank you so much for your time.
hate to say it, but he is right in the right to work state
laws... you will be s.o.l... most time when a company fires for
poor work performance it is so vague and commonaly used as an
reason to fire.. you probably got paid good.. or you have had an
issue in the past of head butt..or you are being replaced with a
freind or prettier employee (lol). there was an outline reason
they are just not going to replace you for the hell of it.
however the good news is if there was no supported documentation
of the release, then you will get unemployment... but, don't
think they will not fight that too. i worked for a co. for 10
years and got hurt and fired in the same day... all i got was
unemplyment for 33 weeks.. so don't take it personal get a better
job, you have time. they may have done you a favor any way...
good luck

Re: Wrongful termination, 7/24/03, by william.

Due Process Chatboard

LATEST POSTS | BY TOPICS | SUBMIT A POST