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Wrongful termination possiblity help please

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  • Wrongful termination possiblity help please

    Several months ago, i was terminated from a very large company for wha tthey call loss of confidence. The brief of this is my boss was apparently receiving gifts/money etc from particular clients we dealt with and a few of us had outside relationship with him. They were apparently investigating him and after several months of this, they proceeded to bring in the fbi and company legal to interview several of us. They assummed that since we had an outside relationship with him that we witnessed these improper actions which we didn't. After 3 interviews with legal they apparently didn't believe me as i was released for loss of confidence. My work history wsith this company was spotless, never missed work, in early stay long, earned awards even.
    What kind of recourse would i have and is there a time frame on this when you can, please help.

    thanks

  • #2
    Wrongful termination means that you were fired in violation of a law that would otherwise have prohibited your termination. There is no law that says an employer cannot terminate employees in whom the employer has lost confidence.
    I am not able to respond to private messages. Thanks!

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    • #3
      You can be terminated at any time for any reason except a reason prohibited by law (ie age, religion, gender) or unless you have a bona fide employment contract or CBA to the contrary.

      It's just like you could have quit at any time for any reason w/o a contract to the contrary.
      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
        So the fact that they fired me for loss of confidence eventhough they had no proof or evidence that i knew of the illegal actions and that i cooperated with there investigation and the fact i did my job top notch, i would have no recourse of any kind? I understand the fire whenever bit as missouri has the same but there is nothing. Heck i was put on administrative leave even for that and then they fired me. Its just frustrating if this is the case to have no recourse for this. I essentially was fired for knowing someone and not knowing of the illegal stuff he did.

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        • #5
          reply

          Hey Big Ed,

          I feel for you. But its all about the reason they give you for letting you go. A loss of confidence is very general and if they decided to fire you, trust me, if its a big company, they thought about the recourse you could take before they fired you. The loss of confidence can cover a lot of things in a court of law. They could use that inceident, whether you had knowledge or not, as just one thing which gave them a loss. Trust and believe, things you never heard about would be brought up.

          Im sorry to say this to you because i to have been in your boat and people told me the same thing. I think of my self as some what rebelous so I decided i was still going to spend money and hire a lawyer out of principal. Lets just say out of years later and a lot of money paid, their was nothing except a lot of heart ache and frustration.

          Sorry you had to go through this but I would focus on what your next move is rather than wasting time there.

          An Honest Friend

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          • #6
            File for unemployment ins. & look for other employment. Good luck.
            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.

            Comment


            • #7
              This gets repeated a lot in these threads. An employer can legally fire you just for suspicion of doing something wrong. They do not need evidence "beyond a reasonable doubt" like in criminal law.

              You'll likely end up winning unemployment, but that doesn't mean you were wrongfully termed.

              Also, since they have said officially that they have "lost confidence" in you as an employee, you would not want to keep working there anyway. Your supervisors will second guess you, micromanage you, and scrutinize whatever you do, because they don't trust you. You would be very unhappy in such an environment. It's not a pleasant situation for the employer either, having to assign you tasks and not trusting you, trying to figure out how to double check everything you do because they could have some liability of you do something improper, or simply just don't report something improper that you might see. It's best for both parties that you no longer work together.

              Comment


              • #8
                Just to clarify a fairly common misconception, a wrongful termination does not mean that you were fired for something you did not do. It means you were fired for a reason prohibited by law.
                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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                • #9
                  I appreciate the responses everything thank you, and for the record the company that i was released from was the largest employer in the world, thats right, (large retail chain) home office in bentonville, ar.
                  I'm one of those guys that has always done there job well and worked hard to know the job and do it right, just still hurts.
                  I did collect unemployment and have been working again since dec 1 in a job that is alright but still looking for something better.
                  Last edited by cbg; 01-24-2009, 11:56 AM.

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                  • #10
                    Read it again, Sparky. They didn't fire him for cooperating with the FBI investigation. They fired him because they had reason to believe that he knew about the other person's illegal activity and he never reported it.

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                    • #11
                      Hmmm, interesting. We had an ole' friend who used to come here, and he also always wrote "suite" when he meant "suit." Coincidence? I wonder.

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                      • #12
                        Wonder no more...
                        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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                        • #13
                          It's really sad when someone has to invent his own friends to defend him.

                          The point of my post on "suite" was not to criticize your spelling jc (I've done that before) but to enter that as a piece of evidence as to your identity.

                          Also, in the past, whenever I've criticized your grammar or spelling, it was not to call you stupid, but to point out that when you make such errors, it takes credibility away from whatever point or argument you are trying to make.

                          Now go ahead and blast me on your little webpage. I will feel like I'm in good company.

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                          • #14
                            Reread the original post. Unless Big Ed omitted it, the OP was never interviewed by the FBI, only by legal. He said the FBI was brought in, but since he was never interviewed by the FBI, he cannot have cooperated or not cooperated with them.

                            Dave

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                            • #15
                              Since we're splitting hairs, this is actually what he said:

                              "they proceeded to bring in the fbi and company legal to interview several of us."

                              I take that to mean they spoke to the FBI and legal.

                              Comment

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