Employment Labor Law LEGAL Question?
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Employment Labor Law LEGAL Question?
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I was let go from my job today. The reason given was that a client we served had been complaining about me. I live in an "at will" state, however....my company handbook says my employer MUST give me verbal, then written notice, signed by the both of us in my file before I can be let go. the FIRST I've ever heard of my job being on the line was today. Also, I HATE HATE HATE to do this, but one other person that works with me (who is white) was put on probation twice, and given a warning, she still works there. I am black. Just had to go there. I have letters from my boss, who said my work is so good, and I also got a pay raise! I know what AT WILL means, but I know this is wrong.
Finally, they are hiring someone else, at a cheaper rate...this has "bad economy" written all over it. Problem is, the PARENT company of my company says in THEIR handbook that I am an AT WILL employee. However, this new company took over in the past six months, I was never given a new handbook or new information. But the thing is this...MY company handbook, the name on my checks, says they are to follow the procedure I mentioned above. Any LEGAL advice, from a legal professionals?
Thanks!
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Elizabeth
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You have a case. The fact that there are 2 or more employee handbooks running around with conflicting policies is the issue. You need to get your hands on both of them. There really is a lot more that we need to know here ... but I can tell you that HR is responsible to collect the old ones and document receivership on the new one. Yes, you are at-will but you have inconsistency in discipline and that is the issue and trumps so-to-speak at-will.
It is up to you how far you want to take it and how much it means to you. Damages, if you win, are not large and often these cases are sent to mediation and the only thing that will happen is that you will be restored to your original position which is getting your job back.
Do you still want to work for this company? For monetary damages you have to show significant pain, suffering etc. and that is equivalent to a break down, divorce ... not angry or inconvenienced for a month or so.
In the meantime, file for unemployment and look for a new job. Do not be surprised if they fight it, but you have enough to win it on appeal. |
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Jack P
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This isn't an unlawful termination, but may be considered a breach of contract. I would find a local employment law attorney to help you with this. You may get your job back, or some wages anyway. |
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bdancer222
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Find a new job and don't look back. You don't have enough hard evidence to prove any discrimination.
The client complaint is more than sufficient reason to terminate you. Even if the company handbook has a written warning plan. That doesn't mean a serious enough complaint wouldn't get you immediately fired. |
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