Any basis for lawsuit?(TX)

[ac_tx123]

I was recently "fired" from a small firm where I worked for approx. 6 weeks. The VP of Ops and the Controller (also in charge of HR) wanted to meet with me....then they told me that I was being terminated due to a "lack of cultural fit".

Three documents were given to me:
a. Termination agreement
b. Separation agreement
c. Severance agreement

a- I signed this one as it covered non-disclosure of their IP as well as a non-compete clause (I had signed a similar one when I joined, so thought no harm in this)
b- I signed this one as it covered the handling of how I got paid,etc. through a third party. Note: this document specified that this event was a "layoff"
c- I did NOT sign this one, since it was obvious that I would waive all rights for lawsuit,etc. in return for two weeks pay. I told the Controller that I would consider 6 months wages, but that was refused. I have about 11 days left to accept their offer.

Thoughts that come to mind:

1. Age discrimination : I am probably one of the oldest people there - and one manager that worked for me (and been hired at same time as me) made the same salary with less experience (not sure,but think he is under 40)
2. Whistleblower/wrongful termination: The company produces products that are sold to the military - and advertises that certain Miilitary standards are followed. I discovered some gaps that I brought to the attention of the VP. While I did not take any further action, he may have been worried that I would start talking.
3. Hostile work environment: The VP has a history of verbally abusing employees and vendors, with people quitting, being fired, and even vendors deciding to no longer do business with this firm - this was brought to the attention of the Controller and she did nothing. Note that during the interview process, ALL of the interview team (including the Controller) indicated that he was "difficult to work with".

Note: As a salaried Director, my expectations were that there would have been some dialog to discuss the detailed issues, etc. so that I might have a chance to take corrective actions.

Sorry for the long posting....appreciate any pointers you can provide.

Frustrated in Texas

 

[ceara19]

I don't see much of a case for any kind of legal action. The fact that you were only employed there for a short amount of time (6 weeks) and the fact that in Texas an employer does not need ANY reason to fire an employee, do not work well for you. If you did try to file a wrongful termination suit, the employer could claim that they have a 90 probationary period for new employees and the case will never even get to discovery.

 

[Beth3]

1. Age discrimination : I am probably one of the oldest people there - and one manager that worked for me (and been hired at same time as me) made the same salary with less experience (not sure,but think he is under 40)
If you were terminated because of your age, that would be unlawful but you haven't mentioned any reason why your age was a factor in their decision.


2. Whistleblower/wrongful termination: The company produces products that are sold to the military - and advertises that certain Miilitary standards are followed. I discovered some gaps that I brought to the attention of the VP. While I did not take any further action, he may have been worried that I would start talking. Again, maybe, but whether you have any whistleblower protections depends on any specific laws governing your industry and whether making internal complaints are protected (often, they're not.)

3. Hostile work environment: The VP has a history of verbally abusing employees and vendors, with people quitting, being fired, and even vendors deciding to no longer do business with this firm - this was brought to the attention of the Controller and she did nothing. Note that during the interview process, ALL of the interview team (including the Controller) indicated that he was "difficult to work with". What you describe does not remotely constitute a HWE under the law.

 

[justvwilborn]

The Hardest to Prove and Win

Texas is an "at will" state. In simplistic terms, this means that an employer does not have to have a reason for termination. However, there are many federal laws and state statutes that can ultimately void the "at will" law. The reason of "culturally unfit" is a new one on me, but under the "at will" umbrella, most likely, perfectly legal. In order to sue an employer for discrimination in Texas, one must exhaust the administrative process. If there is union involvement, then one would have to exercise the grievance process. There doesn't appear to be any certain criteria governing just how far into the process one would have to go, just that there was participation in the process. Next stop would be at your local EEOC office to file your complaint with them. At this stage, the EEOC will either decide to file discrimination charges on your behalf or issue you a "right to sue" letter. It seems that the only requirement to get the "right to sue" letter is simply that a complaint is filed. After this, depending on the amount of damages sought, you would file your petition in a state district court or a federal court. If you are able to show prima facie on all of your counts or charges, I would be tempted to say that you would stand a good chance of winning. Without prima facie, be prepared to have the wind blown out of your sails. Wrongful termination and or discrimination suits are very rarely won and those that have foundation are normally settled out of court. If you survive summary judgment and possibly win in trial, be assured that your case will be appealed. Overall, you are probably looking at alot of headache and frustration for the next 3 to 8 eight years of your productive life. Without intention of discouraging you, unless you have a case that "on its face" is discriminatory, do yourself a favor and focus on your active career.

Been There and Done That
JustVWilborn