Caught Supervisor in Trouble; Then Fired

[shandycat]

What is the name of your state? Virginia

When I discovered that my supervisor was hiding a debt from our employer, I went to her with the information and she said she would take care of it. When she didn't, I went to our employer because it was my understanding that he would be contacted by attorneys if he didn't garnish her wages. He instructed me to take care of it since I did payroll, and so I did. The day she got her first short check, she fired me. She claimed it was due to financial constraints, but filled my position about a month later. I have also found out that she is telling people that I was being counseled during my employment for poor performance, which is a complete fabrication. Do I have any legal recourse?

 

[cbg]

On the termination, no. Even if she fired you for no reason except that you went over her head about the unpaid debt, that is not illegal. Contrary to what many people believe, in the large majority of states including yours, "retaliation" is not illegal unless your supervisor had been doing something illegal (not unethical, not immoral, ILLEGAL) AND you had reported it to the appropriate regulatory agency. Reporting it internally does not apply.

On the alleged reports that you were being counseled, that depends. For you to be able to take legal action about that, the burden of proof will be on you to prove (a) that she LIED (not misunderstood, not jumped to conclusions based on insufficient evidence, not misheard something, but knowingly and deliberately lied) AND (b) that BECAUSE OF this, you suffered damages. Not, hurt feelings. Not, embarassment, but you were harmed in a way recognized by the law. An example would be if you did not get a job BECAUSE she said that. But as I said, the burden of proof for both issues is on you, and "I was qualified for the job so I think I would have gotten it" isn't going to do it.

 

[Beth3]

When I discovered that my supervisor was hiding a debt from our employer, I went to her with the information and she said she would take care of it. When she didn't, I went to our employer because it was my understanding that he would be contacted by attorneys if he didn't garnish her wages. Unless you're saying a garnishment was served on the employer for a debt your supervisor owed and she was hiding the garnishment, them I'm at a loss to understand why your supervisor's indebtedness is any of your business until such time as a garnishment is served.

 

[shandycat]

Yes, several garnishment orders were served on the employer, but she (the office manager) intercepted the letters (her "rule" was that no one else in the office could get the mail or open it), and she kept this information from him for seven months. I learned of it when I fielded a phone call from the collection agency when the office manager was out on vacation. The collection agency was quite angry at having been what they perceived as "ignored" by the employer, and told me that their next step was to bring in an attorney. I told the office manager what I had found out--that's when she brushed it off and said she was taking care of it. When I did payroll two weeks later I called the collection agency to see if it had been taken care of and they indicated it had not been resolved, so I informed my employer because the collection agency had my name and contact information and I didn't want to get in trouble with the Federal Government. My good deed cost me my job. The lesson I have learned from this (and other posts on this site) is to keep your mouth shut and let the corruption abound because supervisors are always right and employees are always wrong. Period.

 

[pattytx]

Shandycat, this kind of junk does happen, but hopefully, you will not let it stop you from doing the right thing. As you probably know from your experience in payroll, if an employer fails to honor a valid garnishment or tax levy, the company can be held liable and have to pay the entire amount, including penalties and interest. You were trying to protect the employer and that was the right thing to do. I actually left a job about 3 months ago because I was being instructed to do things (or not do them) in conflict with tax laws. Was she fired? She should have been.

Good luck in your job search.

 

[Katy W.]

I'm just wondering what kind of business this was, and if it was a government agency or one contracted to the government?

 

[Beth3]

Yes, several garnishment orders were served on the employer, but she (the office manager) intercepted the letters Letters? That sounds like a possible wage assignment (which is voluntary), not a garnishment issued by a court.

When I did payroll two weeks later I called the collection agency to see if it had been taken care of and they indicated it had not been resolved Here's where it appears you over-reached. It simply was not your business to contact the collection agency.

I informed my employer because the collection agency had my name and contact information and I didn't want to get in trouble with the Federal Government. Federal government? Huh? Except for tax liens, garnishments are ordered by a municipal or circuit court judge.

You don't explain how it was you discovered the supervisor's debts and it's not clear whether you were fired solely for informing your employer about the situation (if so, that's unfortunate) or whether it's because you were out of bounds for some of your "investigatory" actions along the way.

 

[pattytx]

Well, Beth, obviously I "overassumed". When she said "garnishment orders", I assume that's what she meant. I went back and reread the post, and it seems much more fishy to me now, especially "letters" and "attorneys will be contacting" the owner about garnishing wages. Attorneys don't issue garnishment orders, courts do. And you're right, how did she find out about this anyway?

So, I take most of what I said back about Shandy's particular situation.
The only thing that remains valid are my general statements regarding garnishment law.