Is this Wrongful Termination?
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Is this Wrongful Termination?
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My sister just got fired yesterday. She worked for Corporate and left them to work for one of their franchise. Yesterday she received an email saying she has not been following protocol and has been contacting corporate people directly. I read the email and it looks like another manager asked for advice on how to get a procedure done quickly by corporate and she suggested a few names. In addition, the email said that she's been talked about this already. She emailed her boss that morning. He pulled her into a room and said that his life/money was on the line so he has to disassociate himself from her. He could not give her a reason. She told him she had never been spoken about not following protocol. Later she spoke to a friend from corporate and there had been rumors saying she was incompetent. The owner of the corporation received that email complaint about my sister that same morning and personally called the owner of the franchise ordering him to fire her. In addition, a mass email was sent to everyone in Corporate that my sister was terminated and that no one was to speak to her. It's standard procedure to send a mass email out like this after someone gets fired in this Corporation. The thing is my sister is very competent--I think she had personality conflict with one/more people. She was the trainer for all new Franchise owners.
Her boss promised her health care when he hired her on and she's been with him for 6 months w/o healthcare. He keeps on promising her only. Added to all this, she's pregnant and he knows it too. She moved to whole different state to work for him. Does she have a case against corporate and her boss? What should she do now? I'm not sure how she's supposed to deal with unemployment, etc. She's in AZ, and now she's coming home back to CA. Corporate is in CA and the franchise is in AZ. Someone please give me some good advice. Thanks!!!!
Additional Details
Thanks for the advice. What about her Resume. She worked for corporate for like 2 years and the franchise for 6 months. How does she disclose this to future employers w/o ruining her chances of getting a job???
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Just little ol' me
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Bottom line is she was to follow protocol. Her case will be hard to prove as a wrongful discharge. They do sound like they/he are in the wrong and it couldn't hurt to speak to an attorney. Just make sure it is one that takes the case only were he is paid if she wins.
If the company and/or her boss were reputable they would have given her insurance, as promised. This may all be coming from the waves she made about her insurance and the fact that she is pregnant now. Sounds like her boss screwed up and he knows it. Trying to get her on the insurance now would get corporates attention on her boss. It is a difficult to get an employee on insurance after the fact. Normally someone as to be to blame for dropping the ball and her boss would be the target of that finger pointing! |
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vicseo
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Since your sister was a "trainer," and her boss was not in the loop when she provided the advice to a franchisee, he's the real person who should settle this dispute unless he's willing to sacrifice your sister for his lack of instructions about what is okay to say to franchisees. And if the manager is fired for lack of controls, he will not be able to follow through with any healthcare promises made to your sister which ultimately comes from the Corporation.
I would highly recommend that you review any and all written agreements and oral understandings made between your sister and her immediate boss/manager to ensure that there are clear cut directions given or limiting your sister's training advice, especially given without direct supervision by her boss. And if there is no clear cut restrictions or limitations, then in a sense, anhything goes ... and perhaps your sister at this stage, should be looking for another job and have in hand, a better written employment contract or a better understanding of what she can or cannot say as a trainer to franchisees.
Good luck! |
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lj1
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If your sister was working at-will, she, or the company, had the right to terminate her employment any time they see fit. If she tried to sue them, they would have a paper trail, and people who would testify that her job performance was unsatisfactory.
As far as unemployment, she is certainly welcome to file. However, if her former employer decides to fight it, her claim may very well be denied. |
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Shane
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Unfortunately no wrongful termination. If I had a nickel for every person who walks into our office with that very situation I would be rich. Now as for the health insurance. Are you saying they promised to keep her on the policy at there expense? Because once a person is terminated or resigns by law they MUST be offered COBRA where the person pays for it out of pocket. As for unemployment she is definitely eligible since she was terminated. Are you saying she hasn't filed? One thing I would certainly not mention though is the pregnancy when she files since you must be ready, willing and able to work. She may get an a**hole claims investigator who may view her pregnancy as a hinderance to gaining employment. |
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Cubs Girl
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Its not wrongful termination. She was fired, that's it. Let it go.
I honestly think that there is more to this story but its employment at will then they can terminate without notice anytime they wish for any reason. |
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Clark
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My advice is to speak to a lawyer. No need to consult yahoo answers for advice. |
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Gabriel
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Sorry, not following protocol is a fine reason for termination. Even just the personality conflict is a fine reason for termination.
They can't tell you who you can talk to in your off hours, I think you'll still be fine talking to your sister. |
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