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Was fired on my 89th day of work at a CPA firm Texas

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  • Was fired on my 89th day of work at a CPA firm Texas

    I was working for a small cpa firm with a single owner as an office manager. Yesterday, on my 89th day, I was told that I was getting fired. The reason that was given to me was that I did not get fingerprinted to be registered as an investment assistant. Here are the facts:

    It was never discussed with me upon my hiring that he would like for me to be registered as an investment assistant. He asked me to get fingerprinted a few weeks in. But at the time, he also said that it was not urgent because we were going to be swamped with tax work.

    Our complete focus was on tax work up until April 15th, after which our immediate focus and last real important deadline was April 30th for our clients payroll taxes.

    He has very little investment work and my registration as an investment advisor up until that point was absolutely not needed.

    We never signed any contract (which obviously was a gross mistake on my end) when I began working and still had no contract in place, nor was any probationary period verbally discussed.

    I did my job well and never heard a single complaint from him or heard him voice any displeasure of my work at any point in time, . Nor was the fingerprint issue discussed as fireable offense or discussed as an urgent issue. On the contrary, it was downplayed often as when I would attempt to discuss his investment business, his response was routinely "we'll worry about that after April 30th."

    I constantly asked him to give me greater responsibilites or asked him what I should prioritize and his response was always "I'll discuss that with you later."

    I know I was let go on the 89th day to avoid him paying unemployment and I have suspicion that he always intended to have me work through tax season and then let me go after the April 30th deadline. The timing is to coincidental that I was hired on Feb 3rd and the 89th day was the day after our last major deadline.

    Is there a case for me to file a wrongfull termination claim so I could collect a bonus I should have received? Ultimately, I don't think I have a strong case here so my real goal is to threaten a law suit unless he were to pay me severance. My hope is that the time and legal expense for him would not be worth fighting the case and he would agree to pay severance. I was considering calling him today to inform him of my intentions and hopefully coming to an agreement.


    Any thoughts on my gameplan?

  • #2
    You would be very foolish to threaten a law suit when your employer is obviously more than aware that the law is on his side here.


    You weren't wrongfully terminated.

    Comment


    • #3
      What were the terms of your bonus? If you fulfilled them you can try filing a claim with the state.

      http://www.twc.state.tx.us/ui/lablaw/wageclaim.pdf

      I agree with Dogmatique that there was no wrongful termination.

      The number of days you worked for this employer does not automatically disqualify you from unemployment. I would suggest you read through the state site and see if you should apply.

      http://www.twc.state.tx.us/ui/bnfts/...1.html#qualify

      Comment


      • #4
        wrongful termination -

        http://en.wikipedia.org/wiki/Wrongful_dismissal
        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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        • #5
          Any thoughts on my gameplan?

          Yes. With all due respect, it's stupid. How much do you think it's going to cost you in legal fees to file a frivolous claim, assuming that you can find an attorney willing to do so?

          My suggestion is that you contact the owner and ask him nicely if he'll CONSIDER providing you with some severance to assist you while you look for new employment. If you threaten a lawsuit, I imagine he'll call your bluff in two seconds flat. Not only will you be assured of not receiving severance, you can count on a truly bad reference from this guy which is going to cause you a lot of problems in securing new employment.

          Comment

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