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Old 10-16-2007, 09:35 AM
TheJury'sStillOut TheJury'sStillOut is offline
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Quote:
Originally Posted by Aaronh View Post
I have what I believe very stongly is a wrongful termination case. I went through the process here on Legalmatch and it came back that there were no matches in my area to send my information to. So I've come here in search of opinions. Here's my case as I wrote it up in the Legalmatch forms...

I was written up for disorderly conduct for reporting unacceptable conduct of a superior. This superior was terminated for her actions. I feel from that point forward that I was a target of the person that conducted this termination due to the friendship between those two. When I was written up for this incident, they put inaccurate information in the write up and even made claims that I admitted to saying something that I never did.
Later I was talked to about how I coach team members and how it may not be appropriate. I asked for specific examples. They refused to give any.

On the day I was terminated, they told me that I had apparently been overheard talking about team member work performance issues with other team members. When I asked to know what I did or said, they refused to tell me. This was the first time I had ever been addressed on the issue and I was told this is what I was being let go for.

I am very familiar with the corrective action process of this employer having dealt with it for several years. It is very clear that they did not follow their own policies.

When I asked for a copy of the initial warning (with my signature on it), they refused to provide it to me. A person with corporate HR told me after I was let go that if I ask for that, they have to give it to me.

The reason provided by my employer for my firing disqualify me from unemployment benefits. Misconduct. Investigation done when I applied for unemployment came back that I was let go for an unknown reason which was not conduct, because they did not provide any specific examples of conduct incidents.


Now I have done my research and I understand how an employment at-will state works, which is what Minnesota is (where I am). Because of this, I didn't feel like I had any recourse. However, I feel there was retaliation involved in this for my reporting unacceptable conduct of a superior. This would likely be difficult to prove, but not impossible. However, I did discover that if an employer doesn't follow their own termination process policy, the employment at-will can take a back seat. This is where I feel I have a case.

So I would like to ask if by the above information, that it looks like I would have a case? And secondly, is it worth a person's time to pursue something like this? I never thought that I would look to file a lawsuit against anyone in my life. But this situation really has me upset because of how I feel I was treated. There are many more details than what I provided above. But this describes some of what has happened.

Thanks for any thoughts!

Aaron
If you believe you have sufficient cause to pursue this based on the company's actual termination policy, you can double-check your facts with your local labor board. Best bet to be as sure as possible is to consult with a wrongful termination attorney in your jurisdiction; this type of case can get very expensive and in the end, very difficult to prove. You could conceivably go several years collecting documentation/depositions, etc only to discover the company did in fact follow their actual termination (not disciplinary)policy. From your post, I'm not quite sure there is documentable retaliation; that may be more evident from the "details' you mentioned. Again, either an attorney or labor board may be of more help with that issue.

Good luck.

Last edited by TheJury'sStillOut : 10-16-2007 at 09:38 AM.
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