Is this acceptable in the workplace?

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?

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.

Wow, I guess I got my answer, I just don't recall anywhere in my question (that's what this forum is for isn't it, questions) did I state be as rude as you possibly can when answering. Thank you for your answer though, that is why I asked the question.

I was not rude to you. I answered your question. I did not reflect on you personally--in fact, I made a point assuming you DID NOT do that which you say you were accused of before being terminated.

Regarding the comment they told EVERYONE why you were fired----I was attempting to point out that when it comes to the law, blanket statements that are not "provable" are worthless. Office gossip being that which it is, unfortunately, "stories" are fodder for water cooler talk and they, at times, take on epic proportions. I was attempting to illustrate for you that since that is the case, it isn't necessarily a given that they sent an inner office memo with your personal particulars. One may be actionable under the law while the other, clearly is not. Surely you understand the difference.

Also, I was not being rude when I said to articulate exactly what procedure you felt your employer violated per the employee handbook. You see, without specifics, you have no case. If you can prove that per the employee printed handbook, they did not follow their own protocol, you may have legal recourse---although being in an "at will" state would make it difficult. That wasn't rude--it is a critical point, relevant to your particular situation.

Regarding my last paragraph, that was for my beloved stalker who GOOGLED my name and followed me into this forum, and who posts but says little besides to amend my postings with "call an local attorney, don't listen to people on the Internet." The irony of her actually BEING one of those people who give advice on the Internet while simultaneously decrying the same escapes her. The "Dextor Bytes" comment was the name of a friend of mine who this dear misguided woman requested illegal software from in order to hack my account. He just wanted to send his regards.

My apology for the taking of that personally.

I do believe the rest of my posting answered your question to the best of my personal knowledge.

I was serious, in part, though, about my comments regarding consulting an attorney. As you read in the terms of service of this site, this is not a substitute for legal counsel, merely random ramblings, some of which actually come from people who have degrees in/are in law school/or who are real life attorneys. So, take everything you read here with a grain of salt--including my own postings.

Good luck.

Actually, I do want to thank you because after I read your reply I decided that life is too short to be bitter about something so stupid and for me to get so mad about is ridiculous. The real problem here was that my ego was hurt (I have never been fired before and for people who I have known for years to think that I would do something like that hurt). I know it is silly but it is human nature. Anyhoo, thank you for clarifying what you meant and now the only thing that I need to decide is what to do with the info. they gave me, you see, it was other employees ss#'s. Any thoughts?, I really don't want them in my possession and will shread them in my shreader, but do these other people need to know? I mean, everyone who quits or gets fired will get a copy of this report as it is the law (it is a radiation exposure report). What would you do?

I would definitely let the other people know about the disclosure of their information, but be careful to do it in the right spirit---not to be vindictive or spiteful ( all human emotions).

Fortunately, in life, although it may not seem like it, often times some of the hardest and most difficult things to endure turn into something of great blessing and happiness.

I wish you both.

Good luck.

Generally, that would depend on their published standard employment policy. The reasons for termination in an at will employment state need not even be stated to the terminated employee, as long as the employer is adhering to its own company policy. If, for example, management's policy is clearly spelled out as to how a termination is to be conducted, and your particular termination clearly violated that written policy, you may have grounds to sue. Be prepared, however, for what may turn out a long and very expensive procedure; it could conceivably take years for a final legal resolution that could cost more than you'd recover, in my opinion. Nothing you've posted above remotely suggests any federal discrimination laws were violated, i.e. gender, religious beliefs, age, or the like .. you're facing a fairly difficult case based on the circumstances you've posted. (But not necessarily impossible.)

Personally, I'd suggest a call to your local labor board first, to determine your jurisdiction's definition (and procedures involved) of wrongful termination. There are any one of a number of state agencies they can refer you to. Even if they seem apparently disinterested, I'd suggest you have an employment attorney in your area thoroughly review your company's policy & the circumstances posted above. Given that most professional policies require the strictest of confidences during the actual termination & a certain policy after the termination, I believe you may have possible recourse. It's simply your choice and/or resources on whether or not to pursue. (After you consult with an attorney.)

It's at least worth a few phone calls, in my opinion. Good luck.

That was, quite possibly, the best nearly correct (i.e. wrong) answer I have ever seen you write. See how positive I can be??

There is no way she would have legal recourse since the allegedly compromised information was not even her own. It was OTHER employees SS numbers, etc. that were given to her, not her own. While the employer may be penalized for doing that ( which I doubt ) she has no grounds for a cause of action against them for GIVING her someone else's SS number.


Furthermore, do you even know what a labor board is? A labor board has nothing to do with discrimination or wrongful termination unless she is in a union--which she clearly is not--because then the "rules of firing" would be very clearly outlined and most likely enforced. A consideration of or complaint regarding being discriminated against on the basis of gender, religion, etc should be directed to the EEOC, not a labor board. Unless she is part of a union, or has issues relating to participation in or non participation in a union, the labor board will simply refer her to EEOC. So, basically, neither of those suggestions are relevant to her posting in the least. All that glib blathering--a labor board whose only "jurisdiction" is union related can provide her with state agencies? State agencies to do what? What kind of state agencies? Name one and what they may be able to assist her with. Can't think of one? Neither can I.

This is almost embarrassingly obvious, but there is no "jurisdictional definition" of wrongful termination. Wrongful termination depends on the each individual employers handbook and policy written there--which is precisely why I stated ( and you reworded and copied ) state exactly WHICH POLICY in the EMPLOYEE HANDBOOK WAS VIOLATED. Unless every employer in the state is :
1. in the union
2. has the same exact firing procedures
............then there cannot be a state wide, or "jurisdictional definition" of wrongful termination that can be given to her at all, much less by a labor board that regulates only unions. But, don't take my word for it. Read on:

"Even employees who do not have written contracts of employment may be able to bring actions based upon the content of employee handbooks or manuals. Where a company document of that nature outlines a disciplinary process that must precede termination, the failure to follow that process may support a wrongful termination suit." (Wrongful Termination of At Will Employment)

As I stated in both my first and second posting, the CONTENT of her employee handbook is critical and she should find something posted therein that was specifically violated. Her only even remotely possible cause of action is if her employer acted in a manner inconsistent with its own ( previously enforced ) policies.

Sure, she could chat with the labor board, and the EEOC in a futile search for a "jurisdictional definition of wrongful termination"--whatever that means, but why would she? Perhaps her time would be better used alphabetizing her spices or making necklaces out of twisty ties.

Then again.. perhaps the best advice is her own---get on with her life.

Gentle:

It's ok, calm down, I will most obviously take my own advice (for once) and that is partly due to you. I also wanted to let you know that I called the company and told them what they gave me. We talked and they thanked me for saving them a BIG future problem. I also was able to tell them what really happened and they apologized for terminating me and tried to make ammends. I however, decided to move on I do not want to work for people who are so quick to judge and make **** horrible business decisions. I am also afraid of where me ss# will go if I go back (ha ha). Anyhoo, thank you for your help and to everyone out there Gentle doesn't always answer with a peaches and cream response but if you listen and think your question will get answered.

I am thrilled you seem to have worked this out on your own. But I must correct one small misconception--I am not upset in the least. I thoroughly enjoy these exchanges-----what you interpret as being upset or anger is nothing of the kind. Inaccurate and misleading information tacked on to a rewording of my posting always amuses me.

In any regard, I wish you well and I am pleased with how you handled your situation on your own---you didn't need anyone's advice but your own.

Well done.