W
WhiteRaven
Guest
What is the name of your state? Missouri
When an employer fires you stating that you breeched a contract, is there no burden on this employer to PROVE that you did indeed do this?
Brief run down of this situation. My friend works for a home health company, providing in-home care for elderly who need help in order to remain living in their home (versus nursing home) She had been with this comp. for several years and nearly all of her clients liked her very well, to the point of complaining to her boss if something came up and someone else was sent to take her place for the day.
Recently there had been some tension between her and the boss because she thought the boss was acting very unproffesional and had treated some clients unfairly (to the point that had it been reported the boss might have been in big trouble) Rather than let the situation get worse, she gave her two weeks notice, stating the unprofessional attitude of the boss as her reason for leaving.
The boss was not happy about her leaving, first because its very hard to find people good in this particular field of work and second because she herself, was cited as the reason for it.
My friend had already secured a new job with another healthcare company in the same field of work, whom she had worked for previously. When she was telling her clients that she was leaving the company, most of them asked questions, when, why and where was she going to work. She simply stated that she was going to work for company X and left it at that.
The problem comes in that when she was hired it states in the contract that you may be fired for "solicitation of clients" meaning that when you leave you may not try to convince your clients to come with you to the new company. My friend truly and honestly did not ask any of her clients to do this, but because she is so well liked by them, many of them made calls to Sr. Services and asked to be re-assigned to company X
Her current boss got wind of this (because Sr. Services works closely with her) and called my friend into the office today and fired her stating that she was soliciting clients. I find it hard to believe that she can just fire her without a shred of proof that she did so? (especially when she did not?) This boss is just power-tripping and had to have the last word in, kind of "you can't quit, you're fired"
Employment isn't a prob, since my friend already has new job but does she have some recourse she can take to get this "termination" off of her job record? Please advise.
When an employer fires you stating that you breeched a contract, is there no burden on this employer to PROVE that you did indeed do this?
Brief run down of this situation. My friend works for a home health company, providing in-home care for elderly who need help in order to remain living in their home (versus nursing home) She had been with this comp. for several years and nearly all of her clients liked her very well, to the point of complaining to her boss if something came up and someone else was sent to take her place for the day.
Recently there had been some tension between her and the boss because she thought the boss was acting very unproffesional and had treated some clients unfairly (to the point that had it been reported the boss might have been in big trouble) Rather than let the situation get worse, she gave her two weeks notice, stating the unprofessional attitude of the boss as her reason for leaving.
The boss was not happy about her leaving, first because its very hard to find people good in this particular field of work and second because she herself, was cited as the reason for it.
My friend had already secured a new job with another healthcare company in the same field of work, whom she had worked for previously. When she was telling her clients that she was leaving the company, most of them asked questions, when, why and where was she going to work. She simply stated that she was going to work for company X and left it at that.
The problem comes in that when she was hired it states in the contract that you may be fired for "solicitation of clients" meaning that when you leave you may not try to convince your clients to come with you to the new company. My friend truly and honestly did not ask any of her clients to do this, but because she is so well liked by them, many of them made calls to Sr. Services and asked to be re-assigned to company X
Her current boss got wind of this (because Sr. Services works closely with her) and called my friend into the office today and fired her stating that she was soliciting clients. I find it hard to believe that she can just fire her without a shred of proof that she did so? (especially when she did not?) This boss is just power-tripping and had to have the last word in, kind of "you can't quit, you're fired"Employment isn't a prob, since my friend already has new job but does she have some recourse she can take to get this "termination" off of her job record? Please advise.