DawgTalkers.net Forums DawgTalk Tailgate Forum Need legal advice

So, I got fired today... The exact words were "I heard you were looking for another job, so we have decided to make some changes, and let you go.".... Then on the termination papers, it said "Not working up to standards", which is just a lie... because I have better numbers than anyone at the place. But, they had it out for me, and was looking for a reason to fire me. It's a small company, only 6 employees, and the other 5 said they'd sign letters saying my termination was unjust.

But, here's the question... Our company policy says we are supposed to get two written warnings before termination. Now, it's not like I stole anything, I didn't get in a fight at work, etc... According to her, my performance just wasn't up to par. In my opinion, isn't that something I should have received my write ups for, before I got terminated?

So, is there any kind of legal action I can take in the scenario? Or am I just basically out of luck?

In the long run, you probably ARE just out of luck. It isn't a common thing to take legal action against a company and then go back to work there without them finding a completely unquestionable way to get rid of you.


If they have violated their own policies however, you may have grounds for legal action against them. If you indeed have all of the other employees lined up and willing to make statements on your behalf, GET THOSE IN WRITING WITH A WITNESS TO IT ASAP.

Lastly, hopefully you have copies of all of your review papers already -- if not, get them.

Not an expert by any means...but, depending upon the State you live in, it might not matter.

For example, Ohio is an at-will State and your employer can let you go at anytime for any reason, as long as it's not discriminatory (ie, can't fire me because I'm a woman, or Joe's a black man, or Jaime's gay) and it doesn't really matter what the company policy is as long as they're following the letter of the State law.

At least, that's what I would think. Like I said, I'm no legal expert, but I did stay at a Holiday Inn Express once.

Yeah, I know Ohio is an at will state, but I was just curious if there was any action I could take considering I wasn't given the write-ups I was supposed to be given by our policy.

Sorry to here about your being laid off..Unfortunity you are probably out of luck...Heck even union jobs are not safe anymore....One thing is though..when you sign up for unemployment hopefully you get it and they don't word your dismissal so your unemployment is denied that would really suck....then you have a hard fight to get U.P. I hope everything works out..

nordawg

what kind of job was it? like a sales job?

FYI you shouldn't be doing research at work online for a new job. Gotta love computers. They tell all.

Company policy isn't law.... From the way it sounds, you are definitely out of luck. The chances of anything coming out of it are slim to none, and probably not worth your time.

You don't stand a chance of winning any lawsuits with the info you have provided. However you will be able to collect unemployment, since it looks like your employer will not able to provide a good enough reason as to why you were let go.

Sorry about you getting let go from your job, if you want legal advice I'd comsult a lawyer.

Couple of thoughts..,

First,, You talk about your performances. were standards, quotas, targets set anywhere for what constitutes good or bad performance?

Can your performance be documented. Meaning can you prove your performances was up to standards set forth. Don't count on your former co-workers to back you, these are tough times and they may say,, thier job is more important to them than yours.

You looking for a new job isn't a reason to be terminated. If I find that a good employee is looking for a new job, I talk to them to see if I can address whatever they may have for concerns that makes them want to leave. If I can address them, then I support them and keep them until they find a new job, unless they slack off while looking. But at the same time, Im out looking for thier replacement...

Small companies have a different set of rules to follow but generally, common sense says you don't do what your employer did. If for no other reason than to avoid litigation that can cost a ton of money, even if you win. That was a dumb move by your employer, but I don't think that will help you much.

As for Warnings.. if the company manuel (I assume you have one in your possession) says warnings are required, then you may have something there to stand on.

My last piece of advice is this.. Ignore everything we've all said.. discuss this with an attorney.

IMO you should ignore anyone telling you to go out and spend money on an attorney. As has been explained above it will more than likely be a giant waste of time and money, It's not going to get you anywhere unless it's a clear cut case of discrimination.

You said they had it out for you and were just looking for a reason. You were on your way out one way or another if that is the case.

Sorry this happened. Good luck finding another job and hopefully getting unemployment. I know it's rough out there.

I agree with Jules. I don't know who you worked for, but they will drag this out and bleed you dry in fees, etc

My father fought a wrongful termination case for years and based on what I know, it seems he had a much better case than you (no offense but he had been there 23 years and in 23 years, had ONE negative review comment)... in the end, the company settled for $15,000, which didn't even begin to cover what he had spent on attorneys fees..

Move on with your life, your best way to punish them is go get a job with a competitor and beat them down...

Not many attorneys would take on such a case, and be obliged to tell the person such.

Bingo