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  • need advice North Carolina

    Last week I was terminated over the phone. I believe it to be retaliatory, but am confused on whether I have a case or not. The employer has offered me 1 months pay and 10K to sign a no recourse letter. Their policy has been to pay less than this in almost all cases. I understand that NC is a right to work state and what that means, but have 19 more days to accept the offer

    Hear are the 2 incidents that keep me wondering.

    1.) In july of this year I was given a 6 percent raise and was asked by my boss to get the paperwork from the controller/hr director (my peer). when I presented myself and asked for the personnel action form, she said to me sharply "This better not be for you because I am not in the mmod today". This was the first time we had ever really had a big issue of any kind. I reported the incident to the president as I gave him the form. I wen t on vacation that day and returned 10 days later to an increased difficult "Peer" to deal with on a day to day basis. I reported this to the president and he told me repeatedly to "relax, everyone is under alot of stress" the problem continued and in early September i received an email for this person scathing me for all of my perceived shortcomings. Again I reported this to the president and was told that I needed to ignore it that she was "crazy" and that I "was married and know how women can get". I returned from a business trip the next week and things were even worse in that she just refused to engage me at all. Again I reported this to the president and was told all his plans to get someone more competent for that position. In the early fall, I had asked her for some help and was given none again and once again went to the President and asked for relief. I was told to go on my trip and while there, "figure out how I can work better with my peers". I actually asked my 2 peers for somethings they thought I could work on and came back refocused on working on those things real or perceived and bent over backwards to over compensate for the issues for the next few months. In the meantime we failed to meet a goal for physical inventory while Inventory Control was under her lead and I was told that it would be my responsibility for the December inventory and that if the adjustment was 100K in either direction, there would "Be some changes" by the president. My staff attacked the process vigorously and we ended up at less than a 5K adjustment. Here is the issue that caused my termination, I think. On the second day of inventory we finished early and there was a call for all supervisors to report to the floor. Interested, I walked out to find the controller and one of my subordinates dismissing the entire hourle work force to go home 2 hours early, a decision that I might have agreed to had I been consulted, but the fact that all of these people were in my charge, I asked the controller why she didnt ask me. In front of all my staff, she stated that "Now you know how I feel". I immediate went to the presidents office to report the incident and she was called to the office. He asked me what my problems with her were and I said that the biggest problem was these secret little meetings that she has with my people that cause incidents like the early dismissal. She denied it and the president told her if you are doing it knock it off, then asked her what her problems were and she replied "I cant think of any right now". He then stated three times "here is my training session: work it out or bad things are going to happen". Later that afternoon my subordinates left without informing of the results or where we were on inventory and I sent them an email citing my disappointment with the early dismissal and their departure without and update. Then I waited for the controller and her group to run reports to prove out the results and at 7:30 pm learned that they had left. I sent a note to my project leader for the inventory , the controller, copying the president again citing the disappointment that the report was some what available and although I stayed for it was not given it. I know that a version was available, nbecause i got a text message from the controller with the initial number sometime later in the evening.

    The next morning (Saturday), everyone came in to wrap up the inventory the final number was posted, everyone was satisfied, I was asked to make a few procedural deficiencies and concurred and agreed with the controller on the resolution, an outside auditor was satisfied, I thanked and congradulated everyone and we all went home just after lunch.

    On Monday morning, I came t work and was met by one of the supervisors who told me he needed to spek to me and that it needed to be somewhere other than in the plant and I told him that I would meet him wherever and he asked me to go to a parking lot in town. I met him there and he told meet that he had been invited to lunch on Saturday and wlaked in to find out that all they were doing was talking about how to get rid of me and the i should watch my back. He answered me directly when I asked him if his boss was there and told me he was. I went back to the factory and approached his boss, my immediate report and asked if he had anything he wanted to tell me. He told me there was a meeting called by the controller at a bar with 5 of my subordinates 3 direct and the fore mentioned supervisor and another. I went to the president and reported the incident immediately and was yelled at and told to work it out and that he wasn't going to deal with it.

    At lunch time the same immediate report detailed the participaants and told me that the premise of the meeting from its early planning was how to get rid of me, that it was held in a bar over drinks. I again tried to get some relief from the president who told me he didnt have time to deal with ot and that I should just take the afternoon and cool off. I told him that was not good enough and I was going to have to contact corporate HR with my problem. He told me to do what i have to do and stormed off. I called HR and was asked soem questions and he called back later to tell me to stay ou the next day and he would do some investigating and call me then. At 5:00 on Tuesday the President called me and said"Its not good, we have to let you go, not enough support, sorry it didnt work out". The Hr director called me a few minutes later to tell me that he would see if any compensation would be available and he would get bacjk to me. On Friday I received a letter explaining the severance agreement, a letter to sign acknowledging receipt and a card saying to call him.

    2.) I an May i secured a new vendor to explore a significant cost savings for an item we buy. The president was excited about the cost savings and also excited about the fact that the vendor wade boats. The direction to the vendor went array by involvement from different departments and took a long time to develop. The president was very irritaed and kept pushing us to get the deal done. When the samples were approved, the pricing offered was almost identical to the price we were paying. I had given a target price some 25% lower, so we left it alone while some changes to the design were made. The president went to the vendor on numerous occasions to talk boats and at some point in October I advised him to seperate himself from the selection process for this vendor as it appeared that his boat deal was interfering with the proper procedures. Fro that date forward, I never was invited to lunch again after being invited nearly everyday since I started. I was told to get some POs dropped for the vendor and 1 week later the president met a dealer at the vendors place and although didn't buy one of the vendors models, bought a boat from the vendors biggest distributor for a price that can be described as extraordinary. 1 week before I was terminated, I was asked why we didnt get a better price? I responded that it was hard to negotiate with a guy who knew what the cost could be and that I wasnt going to take responsibility for it. 2 days before the firing I was called to a meeting with on e other peer and told that it is unfortunate that the vendor somehow got our costs, but that it seems to b einnocent or coincidence and that we should dtrive not to let that happen to us again. I said nothing.

    The controller id the operating company's Hr director.

    The president repeatedly told me to ignore her.

    The president repeatedly explained to me that we were not peers and that she was junior to me.

    I have filled out the questionnaire at the EEOC but have yet to be contacted.

    I now have 19 more days.

    I fell like i may need an attorney.

    My insurance expires next Wednesday and I have not received any Cobra notification from anyone.

    How would anyone advise me to proceed?


  • #2
    Unless there are some details in there that you left out, I'm not sure why you think that this is a case of discrimination for the EEOC to investigate. Retaliation is illegal if it's based on a protected characteristic (such as your race, age, gender, and so forth) or in response to asserting a legally protected right (such as the right to file a workers comp claim, report a safety issue to OSHA, and so forth). I don't see evidence of either in what you've posted. It's not illegal to retaliate against you for complaining up the chain of command or for whatever you think she's retaliating against you for (getting a raise she thinks you shouldn't have gotten?).

    With regard to COBRA, the employer has 44 days to mail you the forms. Once you have opted to take COBRA, the coverage then becomes retroactive to the date on which your insurance ended. The employer is not yet late in mailing you the forms if your coverage doesn't end until next week.

    Right to work means that you cannot be forced to join a union.

    By all means, have anything that you are being asked to sign reviewed by an attorney, but unless there's something I'm missing here I don't see the rationale for an EEOC complaint.
    I am not able to respond to private messages. Thanks!


    • #3

      Helped just to type it out and heaar from someone else who wasn't emotional. Thought perhaps there was some retaliation, but didn't know the definition. I think they would pay more, just dont know how to ask.

      Thanks again


      • #4
        Originally posted by Marketeer View Post
        Unless there are some details in there that you left out,
        How could there have been anything left out of that novel? Marketeer, I applaud you for even trying.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.