Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

Wrongful Termination! Help me out if you could! Ohio

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Wrongful Termination! Help me out if you could! Ohio

    So I have been working for a company for almost 5 years! I was hired for a specific job. I did great at that job and more. I was the promoted a year later to a higher position. For 3 more years everything was fine. I also was receiving bonuses secretly for how well my work was. Was told not to tell anyone else in the company cause it was a early bonus I should have gotten after my 5th Year! I was also told during my visits from the owner that he was really happy with my work and always wanted to make sure I was happy with my position and salary! He never wanted me to leave!

    Owner of the company was in located in a different state. Only was up to visit once or twice a year for a few hours. Owner in the time I worked there always told me if I ever had any problems with anything that I could always come to him and discuss it. There was NO DISTRICT MANAGER! It was your manager then him! So my manager who is a black female. I am a white female. Company is about 300 employees..about less than 20 are black in the entire company!

    My manager was being extremely forget full. Not doing her job...coming in late daily. Being really rude to customers and her employees so I felt that I needed to tell the Owner that I was struggling with a few things and I wanted to know if I should continue to do her job or just stop and let her fall on her own. He then told me he appreciated my email and that he was willing to discuss it further with me when he planned to come that next few weeks. (He had not been there for a year). So the morning of his visit...She was pushing my buttons intentionally after being off work for 5 days. He then came in cause he was hiring for another employee for our office (I think it was my job all along)...So the day went by everything was fine. I then came to work the next morning. As I walked in Owner says Can I have a talk with you outside for a moment? I said sure.

    He proceeded to tell me that he didn't like my attitude, he said that unless I fix my attitude I will never succeed and that he will never hire me back and to pack up my stuff.

    I have never been written up, never pulled aside, nothing. It was a slam in the face. The email I sent him was about concerns of the lack of work being done in an office that would completely thrive. I was shocked. I kept my cool and packed up my stuff and left.

    He talked to me 3 weeks before he came to our office and never once told me that my job was not being done. Or any satisfactory performance was happening.

    Is that legit. I have never been let go of a job and I am so confused. I can't believe how I was treated and I am not sure If I should file a complaint with the labor department of not. If anyone knows Please let me know.

    THERE WAS NO WARNING NOTHING..

    I even told him that I thought it was unfair to be let go with out anyone coming to me and telling me there was a problem.. Take my bonus money away. My job was done and I was picking up her slack.

    But the more I think about it she is the kinda of person who would sue him for racial discrimination or something if he let her go like that. Was it easier for him to get rid of me cause he couldn't be sued?

    If you have any clue please let me know. I am lost on this!

  • #2
    Originally posted by needhelp1234 View Post
    So I have been working for a company for almost 5 years! I was hired for a specific job. I did great at that job and more. I was the promoted a year later to a higher position. For 3 more years everything was fine. I also was receiving bonuses secretly for how well my work was. Was told not to tell anyone else in the company cause it was a early bonus I should have gotten after my 5th Year! I was also told during my visits from the owner that he was really happy with my work and always wanted to make sure I was happy with my position and salary! He never wanted me to leave!

    Owner of the company was in located in a different state. Only was up to visit once or twice a year for a few hours. Owner in the time I worked there always told me if I ever had any problems with anything that I could always come to him and discuss it. There was NO DISTRICT MANAGER! It was your manager then him! So my manager who is a black female. I am a white female. Company is about 300 employees..about less than 20 are black in the entire company!

    My manager was being extremely forget full. Not doing her job...coming in late daily. Being really rude to customers and her employees so I felt that I needed to tell the Owner that I was struggling with a few things and I wanted to know if I should continue to do her job or just stop and let her fall on her own. He then told me he appreciated my email and that he was willing to discuss it further with me when he planned to come that next few weeks. (He had not been there for a year). So the morning of his visit...She was pushing my buttons intentionally after being off work for 5 days. He then came in cause he was hiring for another employee for our office (I think it was my job all along)...So the day went by everything was fine. I then came to work the next morning. As I walked in Owner says Can I have a talk with you outside for a moment? I said sure.

    He proceeded to tell me that he didn't like my attitude, he said that unless I fix my attitude I will never succeed and that he will never hire me back and to pack up my stuff.

    I have never been written up, never pulled aside, nothing. It was a slam in the face. The email I sent him was about concerns of the lack of work being done in an office that would completely thrive. I was shocked. I kept my cool and packed up my stuff and left.

    He talked to me 3 weeks before he came to our office and never once told me that my job was not being done. Or any satisfactory performance was happening.

    Is that legit. I have never been let go of a job and I am so confused. I can't believe how I was treated and I am not sure If I should file a complaint with the labor department of not. If anyone knows Please let me know.

    THERE WAS NO WARNING NOTHING..

    I even told him that I thought it was unfair to be let go with out anyone coming to me and telling me there was a problem.. Take my bonus money away. My job was done and I was picking up her slack.

    But the more I think about it she is the kinda of person who would sue him for racial discrimination or something if he let her go like that. Was it easier for him to get rid of me cause he couldn't be sued?

    If you have any clue please let me know. I am lost on this!

    Dictionary
    Search Results

    Web definitions
    Wrongful dismissal, also called wrongful termination or wrongful discharge, is an idiom and legal phrase, describing a situation in which an employee's contract of employment has been terminated by the employer in circumstances where the termination breaches one or more terms of the contract of ...
    en.wikipedia.org/wiki/Wrongful_termination

    When you get fired after 20 years of loyal service for no apparent reason it sure seems wrongful. Unfortunately, this is another term like harassment or hostile work environment that people throw around a lot but by itself doesn't mean much. ...
    www.ncemploymentlaw.com/summaryofterms.html
    Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

    I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

    Comment


    • #3
      http://en.wikipedia.org/wiki/At-will

      http://employeeissues.com/wrongful_termination.htm
      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


      • #4
        Based on your description of events, your employer has done nothing illegal. The basis for all employment is at-will, which means that your employer can terminate you for any legal reason, or no reason at all. Conversely, you can terminate the relationship for any reason or no reason at any time, as well.

        http://en.wikipedia.org/wiki/At-will

        http://employeeissues.com/wrongful_termination.htm

        Your best recourse is to file for UI and look for another job.

        Comment


        • #5
          First, if you were an at-will employee, your employer did not have to give you a warning, counseling or any other pre-termination notice prior to discharging you. An employer can terminate an at-will worker for any lawful reason, even objectively erroneous or dubious ones. The fact the owner let you go in response to your complaint concerning your manager would not appear to change this dynamic.

          Second, it appears you made the mistake of criticizing your immediate supervisor in an e-mail to the owner. You apparently failed to consider (1) the owner likely hired her and thinks highly of her; (2) the owner may be well aware of the supervisor’s time and attendance; and (3) the supervisor could be away from the office for business reasons or other legitimate reasons (e.g., medical treatment). Consequently, you needlessly gambled away your five year tenure on the mistaken belief you could tattle on your boss without consequences.

          Third, I do not perceive how race factored into the equation here. I seriously doubt the owner is “afraid” of his manager irrespective of her race or gender. From my vantage point, he simply chose her over you. This decision may have been unsound and/or unfair. It does not, however, appear to be grounds for a racial disparate treatment claim or any other possible cognizable wrongful discharge claim.

          In summary, if you were an at-will employee, an employer can terminate you without warning after five or twenty-five years of excellent service. Does such capriciousness make good business sense? Probably not. Is it legal? Definitely.
          Last edited by ESteele; 10-03-2011, 01:17 PM.

          Comment


          • #6
            I agree with ESteele. Whenever an employee tattles on their boss they need to be prepared to be the one terminated.

            Keeping track of your boss is not your job. It would have been better to not pick up the slack (unless instructed to) and let her fail.

            Comment


            • #7
              But the more I think about it she is the kinda of person who would sue him for racial discrimination or something if he let her go like that. Was it easier for him to get rid of me cause he couldn't be sued?

              There is absolutely nothing in your post that suggests race had anything to do with the owner's decision to terminate your employment. Quite the contrary - if the boss was fearful of firing the new manager because of her race and if she was doing a lousy job, then it would only have made sense to keep the person employed (you) who knew how to do things properly.

              Apparently he didn't care for your email tattling on the new manager. He's free to fire you for that reason.

              Comment


              • #8
                BTW, OP, what type of individual is “the kinda of person who would sue [his or her employer] for racial discrimination or something if [the employer] let[s him or] her go”?

                Comment

                The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
                Working...
                X