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Terminated after asking for help from HR Florida

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  • Terminated after asking for help from HR Florida

    I was with my company for 4 years and highly respected. So much so that I was asked to leave my home terminal and help with a failing one. Things were great for 5 months (June - Oct), then at the end of Oct. they brought in the new manager who decided he didnt like me. He began false allegations on a constant basis and took all responsibilities from me that I was brought in to do. I couldnt get a meeting with the upper management who brought me in (and they were the ones he was telling fase information to) for help. He then began putting ungodly amounts of work on me and every day he belittled me more and more. After a few months (in Dec) of this I contacted HR for help. They acted like they were going to help me and even told them of some things he was trying to make me do that I knew to be illegal.

    Soon after I was written a Performance Improvement Plan by this new manager that was filled with untruths that I could prove untrue. HR assured me I would be able to show my documents to prove them false and they would get to the bottom of the problem...but at the time I was to meet and show my documents to prove these allegations false, I was terminated instead (Feb). This all took place within a matter of months of this new manager being there.

    I asked on several occasions to return to my home terminal or be placed elsewhere, but it didnt happen. Also, I was assured when I agreed to help with the failing one that I would not lose my bonus I had already earned at my home terminal. I never received that. Do I have a wrongful termination suit? I was told to write a letter to the CEO... Good idea or bad idea? Where do I start. I immediately spoke to an employment attorney who has strung me along and still hasnt gotten anything going. Should I look for another one?

  • #2
    Wrongful termination means that you were terminated in violation of a law that would otherwise have prohibited your termination (e.g., you had a bona fide employment contract that was breached; you were terminated for exercising a legally protected right, such as reporting safety violations to OSHA or filing a workers comp claim; or, you were terminated based on a protected characteristic such as gender, race, age, etc.) Based on what you've posted, I'm not sure that any law was violated. Complaining to HR is not a legally protected activity; complaining to a government agency is.

    I don't think writing to the CEO would be a good idea.
    I am not able to respond to private messages. Thanks!

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    • #3
      Oh, I thought..

      I thought since I had filed a complaint with HR that I should have been safe from his retaliation. Especially since one of the complaints was of him trying to make me do something I knew to be illegal. Then he wrote the PIP, giving a date I had to "Make things right". When I told HR that I had documents that everything he put in the PIP was untrue, they assured me I would have the chance to show them.

      Anyhow, what are my options to getting my bonus? I was assured I would receive it, but did not

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      • #4
        Is there a written bonus plan or do you have a contract guaranteeing payment of the bonus if you are terminated?

        Neither federal nor Florida law has any provisions addressing payment of discretionary bonuses at termination.

        BTW, if you're paying this attorney an hourly rate for him to "do something", my advice is that you stop, because based on what you posted, there is no wrongful termination case here.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          yes...

          Yes, I have a written bonus plan of 11% of my annual salary. It goes from Sept to Sept and is based only on meeting goals, which were met and emails were sent as confirmation. I was in a management position, Salary, Exempt. All Managers have a yearly contract of employment there thats why I was shocked that they just let me go.

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          • #6
            It seems the attorney you have isn't doing much. You might have another employment or contract attorney read the written bonus plan & contract for their opinion.
            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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