Should I pursue this?

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.

Thanks for the response.

I realize this may somewhat depend on the company. But is an employer obligated to tell you WHY you are being let go? I know an employer can let you go for ANY reason. But in my case, they painted it with a very broad brush saying I was overheard saying something. When I asked what I said, they didn't tell me. So essentially, I was not told what I was fired for. I look at that as not investigating the situation to find out from both sides. Did they not want me to defend myself and find out that the allegations weren't correct? That's what I believe. But I know that part doesn't matter as to my case. So again, I'm just wondering, is it typically common for a company to have to tell someone WHY they are being let go, as in being specific, when the employee asks? It will always bother me that when I asked what I said I was told, "we can't tell you." How I took that was, "we can't tell you why we're firing you!" I can't imagine that's right....

Thanks,
Aaron

Another question which may depend on the state and/or company...

When a person is put on corrective action which ultimately leads to their termination...In a case where you are basing things off of not following their own termination policy, would the following fall under that....

If you could prove that the person should have never been put on the initial corrective action? I am guessing you couldn't do anything there because I signed the papers? But I was told that signing those doesn't mean that you agree with them, simply that someone went over them with you.

Aaron

An employer can simply state that your services are no longer needed and either escort you off the premises or otherwise dismiss you. "At will" refers to both hiring and firing and a company must adhere to its own internal termination procedures in order to pursue a successful wrongful termination suit. As I said, it could be difficult to prevail. Have you talked to your labor board about your circumstances?

I'm not even sure how to contact the "labor board". How would I go about this for the state of MN?

Thanks,
Aaron

Labor Standards -- termination of employment has both information and a phone number that may be a place to start.