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wrongful termination? Kansas

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  • wrongful termination? Kansas

    I was recently fired from my job of 6 mths. The reasons the HR gave me are untrue and describe another employee (the one who turned me in). Basically he (other employee) is upset that I was hired instead of his friend. (I know , not illegal) But what he told HR is totally untrue. In addition a different employee was given probation instead of termination for the same reason I was fired. I should state that she is 25 (the one on probation) and I am 40. The one who turned me in is 27 and a male. Our company policy states that you get a warning and probation and then termination. We did have an implied contract that I would work there for 3 years. The HR said I wasn't doing my job and was not around when needed. However, everything we do is documented and has our initials on it and these records cannot be altered (medical records). So basically HR said I was fired for not doing my job (can be proved otherwise) and gave probation to a different employee (her not doing her job CAN be proved). Also, do I have a right to get copies or inspect my personnel file. HR would not give me specific instances of this at the time of termination when I asked him for an example which makes me believe there is none. Also last month HR (by the way, HR is one man) investigated a fellow employee in a different department for not "doing her job" and asked someone to log how much each person in the department worked (again everything is logged with initials) before he fired her. She is also over 40. They found that actually she did work as much as the others but still fired. When they accepted applications for employment for her position, HR wanted to know how old each one is. Do I have some kind of case?

  • #2
    A wrongful termination does not mean that you were fired for something you did not do. It means that you were fired for a reason prohibited by law.

    What law are you claiming was violated? It's unclear to me on what basis you are saying they fired you.
    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.

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    • #3
      Sounds like she's claiming age discrimination. OP, you can file a complaint with the EEOC. You can seek a consultation with an experienced employment law attoreny, which is what I would do if I were you. The lawyer can give you an evaluation of your situation in a waythat EEOC cannot, and if he or she thinks you have a good case, can help with the EEOC complaint process.

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      • #4
        Originally posted by [email protected] View Post
        Also, do I have a right to get copies or inspect my personnel file.
        Kansas has no law that gives employees/former employees the statutory right to examine their personnel file. It would be up to company policy/practice.
        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
          It is still unclear if you are claiming they termed you because you are over 40 or because they wanted to make room for the other employee's friend. The latter is legal. The former is not.
          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.

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