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Wrongful Termination Florida Florida

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  • Wrongful Termination Florida Florida

    I reside in Florida however my former employer is headquartered in NY. I was employed as an account executive with them from May 1st - Oct 1st 2010. I was told by my manager that I have a 12 month sales ramp (I also have it on paper) and that it would take me a year to get a good grip on the industry and finally begin to sell. My first 3 months of employment were dedicated to training with 0% quota. Midway in my 4th month (aka 1st month with quota) I was told I would be put on a PIP if I didnt produce any numbers?? I was extremely hard working, never tardy, and dedicated to my position. I have a 3 month activity sheet showing all of my activities which was signed by the same person who put me on the PIP. She showed me the PIP prior to the end of my 4th month, but she took it back from me due to legal reasons. She reintroduced it to me at the start of my 5th month. It was a 60 day PIP however 30 days into it I was fired. I Believe the PIP was baseless. My manager caused me significant stress and anxiety all throughout my tenure!!! I'm not a bitter former employee ( I found a job immediately after my discharge) however I believe everything she did to me was baseless and hurtful! I want to file a suit for wrongful termination..do I have a case?

  • #2
    No, you do not have a case for wrongful termination. Not even close.
    http://en.wikipedia.org/wiki/Wrongful_dismissal

    There is no "legal reason" I can think of that would have caused the employer to "pull back" the PIP.

    You do have a case for unemployment benefits based on the quality of your termination, however.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Thanks for the reply Pattymd.. So the fact that I have signed papers from my manager proving my activity was on the up and up during my first 3 months of employment and then turning around and handing me a PIP on my fourth month (1st month of any quota) isn't contrary? And the PIP from HR requested 4 progress reports within a 60 day period and I only received 2 in 30 days prior to being fired doesn't mean anything? Not to mention the fact that I was presented with papers saying I have a year ramp..I guess I'm trying to figure out why my argument would be baseless..?

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      • #4
        A wrongful termination means that there is a specific law which prohibits the employer from firing you for the reason that he did. No law in any state directly addresses terminations attached to a PIP. For this to be illegal, you would have to show that the PIP was in itself a contract guaranteeing that employment COULD NOT be termed until all these various factors had been exhausted. And even then it would fall under a contract breach, not under wrongful term.

        You are free to show the PIP to an attorney in your state to get his opinion, but after 30+ years in HR I have yet to hear of a PIP that was determined to be contractual.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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        • #5
          understood. Thanks for the explanation..

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          • #6
            Besides the link above on wrongful termination, you might want to read this link on
            at-will employment.

            I'm glad you found another job already.

            http://en.wikipedia.org/wiki/At-will
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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            • #7
              Thanks Betty3, I was definitly fortunate to find the job especially in todays economy.

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              • #8
                You're welcome.
                Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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