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I Feel I was Wrongfully terminated Montana

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  • I Feel I was Wrongfully terminated Montana

    For your Consideration,

    I have worked as a bartender for my employer for ten and a half years. The other night my boss fired me because I poured some shots wrong. I misunderstood her and apologized profusely. I have been the Ast Mnr several years and feel this wasn't sufficient to fire me. She has refused to pay several work comp claims. She told me to file bankruptcy instead. She provided drugs to several employees, Vicodin, from Mexico that she got without a Prescription. I took some thinking it was Aspirin and this is a another reason she says she terminated me. She forces employees to be her driver because she has three Dui's. She berated me and humiliated me in front of customer's. The night she fired me she had been drinking, as she is an alcoholic and drinks everyday all day. I told her It was an misunderstanding. In ten years i have been written up once, several years ago. In ten years I've only called in sick once. Do I have Merit for wrongful termination? Oh and I forgot to add that I never had a problem until her boyfriend, whom is a friend of mine, dumped her recently.
    Razor
    Junior Member
    Last edited by Razor; 12-28-2008, 09:13 AM.

  • #2
    In any other state, I would say none of this is illegal, although a lot of it is terribly unfair. However, Montana is not a 100% "at-will employment" state, so I'm hoping we can

    bump>>>>>>>>>

    this for someone more knowledgeable about this exception condition.
    Pattymd
    Senior Member
    Last edited by Pattymd; 12-29-2008, 10:19 AM.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      The only thing I have to add is: Montana doesn't recognize at-will employment. In Montana, employers must have good cause to fire employees who have completed a probationary period. Good cause is defined as reasonable job-related grounds for dismissal based on failure to satisfactorily perform job duties, disruption of operations, or other legitimate business reasons.
      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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      • #4
        Not sure if this helps

        I dont know much about state laws and Iam not a lawyer but I do have a degree in Human Resource Management and it does sound like you may have something there. You stated that you have been written up only once so that means that establishment has a disipline procedure in place for employees. I would find out what that is.. if she didnt follow her own procedure then you may have grounds for legal recourse. My advice to you would be to file unemployment because a legal action like this would be long and costly.

        Comment


        • #5
          I don't necessarily disagree with Kris but it's going to depend on what the disciplinary policy, if any, says. While Montana does not permit at-will terminations (in most circumstances) that is not what this is, at least on the surface. Unless the company disciplinary policy guarantees x number of write-ups before termination, it might be difficult to claim wrongful termination on that basis.

          On the other hand, if you feel that you have been terminated because of the workers comp claims, that's a different story and one which you should tell to the state workers comp commission, a workers comp attorney, or both.
          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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          • #6
            However, taking your boss's Vicodin on the job, no matter how she obtained it or what you thought it might have been, and pouring the wrong drinks isn't going to help your cause. In a wrongful termination case, it doesn't really matter whether your boss was a saint or the devil, only why you were let go. Her alcoholism and DUIs aren't going to matter one iota.
            I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

            Comment

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