Announcement

Collapse
No announcement yet.

Wrongfully terminated Alabama

Collapse
This topic is closed.
X
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Wrongfully terminated Alabama

    I am inquiring about my recent termination from my prior employer in Birmingham, AL. I first interviewed with the company for the position of a Lead Technician. The owner of the company, and the COO was conducted the interview. After the interview the both were very impressed and verbally offered me the job of Vice President of Operations. The official paper offer came 3 days later. My first day of work was August 20, 2012. This is when I filled out an application for the first time. The owner repeated told me that I was doing a fantastic job and that he was glad that I was with the company. I asked to meet with the owner and COO on November 12, 2012 to get some feedback on how they thought I was doing and to ask them if they would like me to do anything differently. The owner quickly told me I was doing a great job and he liked the way I was doing things. He shook my hand and said “ I am glad you are part of the team” The only criticism he gave me is that he would like me to not wear scrubs as much and to wear business casual dress more often and I agreed. Less than 48 hours later, on November 14, at 9:30am COO and a Human Resources employee called me in the conference room and said that they have decided to go another route with leadership and that I was terminated effective immediately. I was shocked and all I could say was “ I don’t understand, you told me two days ago I was doing a fantastic job” The COO replied “Its just one of those hard things in Business” and said they were going to pay me until November 30, 2012. I have just received my DOL Claims Examiner Determination Form on 12/13/12 and noted in section II “Your employer fired you for not being able to fulfill the leadership responsibilities requires by the position. The available facts show that you were performing the duties for which you were hired. The facts show that you did not fail to follow employer’s rules, orders or instructions. Therefore, you can be paid benefits”. Not only is the first sentence being nothing more than completely false; the following statement could not be any more contradicting. Other concerns are that there was not any counseling, warning, or reprimand, but in fact only praise for my performance as an employee prior to my termination. I also did not receive or there was a job description available that noted my responsibilities required by the position, even though I completed all duties as assigned. When I was hired and when asked how old I was by coworkers they were extremely surprised when I told them 29 because I seem a significant amount older than I am. There were comments made that I looked like I was in my upper 30’s. The department I administered has an average age of employees in the 40 – 50. Since I did not fill out my application until after I accepted the position, they did not know how young I was. Another reason could be that I was discriminated because of my sex, I was the only male in management. Since I received so much praise for my performance, there is a great chance that my age or sex is the could have been the what lead to my termination. I am looking for any guidance from professionals, if I should pursue or do anything from this point forward. I know I was wrongfully terminated the only thing I don’t know is if the Alabama law supports my reasoning. Any help would be greatly appreciated.

  • #2
    In at will employment you can be terminated at any time for any reason except a reason prohibited by law (example age, religion, gender....) or unless you have a binding employment contract to the contrary.

    It looks like you were approved for unemployment ins.

    You noted possible age &/or sex discrimination. Age discrimination in your state & federal law applies to age 40 & over. Also, they knew your sex when they hired you.

    I don't see a wrongful termination. Look for other employment. Just because you were approved for UI doesn't mean this was a wrongful termination.

    http://en.wikipedia.org/wiki/At-will

    http://employeeissues.com/wrongful_termination.htm
    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.

    Comment


    • #3
      Age isn't going to fly. Under both Federal and Alabama law, you have to be 40 or older before age discrimination laws apply. And I agree with Betty, if they were going to discriminate against you because you are male, it would be easier and cheaper not to hire you in the first place. They may not have known your age at the time but they did know your gender
      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.

      Comment


      • #4
        Originally posted by [email protected] View Post
        I know I was wrongfully terminated the only thing I don’t know is if the Alabama law supports my reasoning.
        Sorry but cbg & I do not see a wrongful termination based on what you posted. It seems you were approved for UI - you need to look for other employment if you are not already doing so. Most people receiving UI were not wrongfully terminated.
        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.

        Comment


        • #5
          FYI, a wrongful termination does not mean one that is unfair, unjust, unexpected, or for something you did not do.

          A wrongful termination means that there is a specific law which would otherwise have prohibited your termination.

          Prevailing in an unemployment claim does not mean that your termination was illegal. The vast majority of people collecting UI were legally terminated.

          If, after reading these responses, you still believe that your termination was illegal, please identify exactly which law you believe your employer violated in terming you. Then we can go from there.
          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.

          Comment


          • #6
            If you think only because of age and/or sex, that is not going to fly.
            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.

            Comment


            • #7
              I have been and still the youngest in my department everywhere I have worked (and I am older than you). I'm frequently told I look younger than my age, which doesn't really help. It can be a challenge to supervisor those who are older than you, especially when they are older than your parents, but it can be done. Chances are they figured out about how old you were from your work history long before you filled out the application. I can also say that my experience has been that being in your early 30's is no different than being 29 when you are talking about those an entire generation ahead of you.

              It might not be anything you are doing wrong. It sounds like they are making changes and either your skill set doesn't fit with those plans or you are simply the last hired and so first to be cut. I would try to contact your old boss now that some time has passed and ask for feedback on your performance and see if he/she would be willing to provide a reference. That might help give you some answers at least.
              I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

              Comment

              Working...
              X