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Thread: Possible Discharge...case? Montana

  1. #1
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    Default Possible Discharge...case? Montana

    Long story short....maybe

    Three years ago, I took a position of track labourer for a shortline railroad. I have 17+ years of experience in this department, so I know the job very well. After a year of service, I recieved a promotion to Roadmaster(supervisor) and became a saleried employee. During the same time the previous Roadmaster was promoted to the General Manager position.
    During my time as Roadmaster, several management positions became available, including the GM position. During this time of musical management, the former GM was demoted to the train department, a new Trainmaster was hired and a new GM. There was an immediate conflict of personallity between myself and the new Trainmaster.
    As this new managemt team took over the controls, my positon as an equal suervisor began to slide. Up to this point in my employment, I had nothing less then an exemplerary record.
    In November of last year, I needed help from the Trainmaster and or one of his crew. I phoned this individual numerous times with no response, although and immediate response was necessary. Out of frustration over this event, I unfortunately left an angry message on the Trainmasters voicemail. I said "answer your F...ing phone", although this was probably not approprate it was not something that everyone dosn't say daily at this place of business.
    After this event, I was given two weeks on the street, and apon return, I was demoted back to track labourer (EIC, employee in charge). It had been made clear that the former GM who was demoted to the train dept. didn't like working there nor did the Trainmaster want him working under him, as a result, he was reinstated as the Roadmaster in the track dept.
    Currently, I have been incharge of training new employees to work in the track department. Only one was worthy of the position and the Trainmaster promptly transferred this employee to the train dept. Another was hired and could not perform the duties of the job. I repeatedly went through the chain of command telling them that this person was not suited of this position. One day before his probationary period expired, this employee was fired. The same day I was called in and told to go home, pending a hearing. The fired employee accused me of threating him with bodily harm. This did not happen, and I had an eye witness (the machanic supervisor was present). One week later we had a hearing, my witnesses were there, and the Roadmaster was there backing me up, the person who was the accuser never showed.
    Today, I am still waiting on a verdict.
    I believe I may have a case based on:
    1) this discharge (if it occurs) was not for good cause, I have more then completed any probationary periods, and have not violated any company policies.
    2) the employer has violated the express provisions of its own personnel policy. They change the rules depending on who you are.
    I also fell, if I am forced to voluntarily resign I may have a case based on the 'Constructive discharge' provision in the Montana 'Wrongful Discharge From Employment Act'.

    Sorry this was so long, but if anyone can give me a clue on my options, I would greatly appreciate it. Do you think I have a case?

  2. #2
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    Duplicate post - see under wrongful termination.
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