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Originally Posted by mole0417
I was fired last week citing that I "rummeged" through paperwork and knew too much about what employees wages were. First off, I did not do that. I was never talked to about this just fired. They didn't follow any policy and proedure on this, I have no write ups or any verbal warnings. I know that this (Colorado) is an at-will state, my problem is what they did after. I had asked for a copy of my personnel file when I went in to get my check, they photocopied it and handed it to the receptionist to give to me (they didn't even cover the file or put it in an envelope), also, they informed employees who asked why I wasn't on the schedule that I was about to be terminated, they told EVERY employee in the building why I was terminated, AND in my final paperwork that they had to give me (radiation exposure reports) they didn't even blackout the personal information of the other employees on the list (the type of info. that can be used for identity theft). So, long story short, can they do all of this without any recourse or is any of this violating my rights?
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State from the employee handbook the exact procedure they did not follow. "Talked to about this"? They actually have a rule that states "Employer will chat with the to-be-fired- employee before dismissal?" I haven't a clue what you mean by "talked to". Obviously, you were "talked to" or else you wouldn't know you were fired. And, I have yet to see a business that doesn't have certain offenses that are immediate termination--no second chances. I am not saying you committed one of these particular offenses, I am merely pointing out that they exist.
They told EVERY person in the building. Really? They went person to person, interrupted their work and said, "Hey, did ya know Annie just got fired?" Even if they did ( which I doubt ) how would you prove it? Also, I do not know of any laws that grant terminated employees ( for whatever reason ) privacy regarding the reason they were terminated.
Your complaint states they left OTHER peoples personal information that can be used for ID theft on YOUR paperwork? If that is what you meant to state ( since that is what you wrote ) how does that inflict any actionable loss upon you? Also, isn't that what they accused you of in the first place--viewing/knowing other peoples information? I think you are going to have a great deal of difficulty pursuing a cause of action against them because they failed to put your personnel file in a FOLDER before they, per your own admission, handed it directly TO you.
Also you don't mention any proof they may have of wrongdoing on your part. That is relevant. If there is no substantial proof of wrongdoing on your part, and you can prove you were actually fired because of race, gender, religion, etc. then you may have cause of action. But, you do not mention any of the same.
Articulate what specific right you believe they violated and the corresponding rule from the employee handbook that you were given at the time of hiring. Aside from your ability to do that, or establish discrimination on the grounds I mentioned above, I don't think you have a legitimate cause of action.
Of course, you can always call an attorney in your area since, yanno, this IS the internet, and who knows? You might be talking to someone whose "occupation" morphs from "systems administrator" to "retired from a court job at an early age". Guess its kinda like being in a garage makes ya a car--working beside the courthouse makes ya an attorney.
Long live D3XTOR BYTES.
Good luck.