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Employer libel in set-up for "with cause" firing

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LawLoverNC

Junior Member
What is the name of your state (only U.S. law)? NC

I have worked for this law firm for 21 months. Up until 3 weeks ago, I have not had any reviews and only positive feedback from 2 of the attorneys I support, as well as outside co-counsel. (Our hand book states reviews after 60 days and twice a year thereafter) I requested information on FMLA twice (auto accident). I was told I did not need it. I was forced to take my vacation leave for medical treatment and I repeatedly explained to HR that my missed time would be paid by the person who hit me.

a few days after that, I was written up for events that happened over 7 months prior and that I had gone to HR when they happened. I wrote a 3 page rebuttal with 13 pages of documentation to back it up. They wrote me a 3 page response, stating vague incidents, no support, no dates, which basically said I was the worst employee ever, that I was "grumpy", that I had been removed from cases, that I did not help other people, that I fail to inform others what I did on their cases (contradicts the I don't help), and basically that I have done no work in 21 months. Obviously if that was true, I would have been wrote up or fired long ago. The whole thing is clearly a set-up to fire with cause, so that they do not have to pay unemployment.

I am leaving the employment, but do I have a civil recourse against them. (I also found out that they are doing the same exact thing to another co-worker who managed to get FMLA approved)What is the name of your state (only U.S. law)?
 


Mass_Shyster

Senior Member
The whole thing is clearly a set-up to fire with cause, so that they do not have to pay unemployment.
Although it may be clear to you, in order to collect, it will also have to be clear to a judge.

I am leaving the employment, but do I have a civil recourse against them.
Recourse for what damages?

Also remember that this is a law firm, and they may get a discount on legal fees. If you sue them, it is fairly certain that every other law firm in the area will find out about it.
 

LawLoverNC

Junior Member
So they can continue to get away with their bullying behavior and stating outright lies about a person's performance in writing, in an employee's permanent record?

And if I ever want to work in another law firm, then I cannot take any action whatsoever?
 

Zigner

Senior Member, Non-Attorney
So they can continue to get away with their bullying behavior and stating outright lies about a person's performance in writing, in an employee's permanent record?

And if I ever want to work in another law firm, then I cannot take any action whatsoever?
Why do you believe they cannot let you go?
 

LawLoverNC

Junior Member
Why do you believe they cannot let you go?
I never said that they could not let me go. This is NC, employment is "at-will". Instead of outright terminating me, they are suddenly writing me up for events that happened 7 months ago or more.

My entire issue is that they are writing people up (myself included) for things that happened months prior, they are writing people up for vague reasons, (cranky, rude to co-worker), and one person was written up for "bring hostile to a co-worker" even though the "victim" went to HR and told them that it was not true.

In fact, I was written up for being hostile, and all I did was stand there and said nothing while the co-worker was screaming and cussing at me in front of numerous other employees. I went to HR when it occurred months ago, and nothing happened to the co-worker. Suddenly the whole scenario has been turned around to blame me for the incident.

In their last "write up", they make it sound like I haven't done one minute of work in the almost 2 years I have been there - despite the pile of emails I have from the partner / co-counsel / co-workers stating what a wonderful job I have done catching up work that was 2 years behind when I started there.

These write-ups did not start until I requested the FMLA leave paperwork, and one of my co-workers was not written up until she put in for FMLA leave. Neither of us had any negative feedback until that occurred.
 

Rexlan

Senior Member
I never said that they could not let me go. This is NC, employment is "at-will". Instead of outright terminating me, they are suddenly writing me up for events that happened 7 months ago or more.
Probably a CYA to protect themselves from folks who cause trouble and think they are special. After all, it is the employers duty is to provide good jobs.

In fact, I was written up for being hostile
I can see that now.

These write-ups did not start until I requested the FMLA leave paperwork, and one of my co-workers was not written up until she put in for FMLA leave. Neither of us had any negative feedback until that occurred.
FMLA should be illegal in itself. I had a case stalled two years because the judges clerk kept giving birth!

If you don't like the job .... quit.

It makes no difference to your employer if you quit, get canned or drop dead insofar as unemployment - they have already paid it.
 

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