Fired Unlawfully-I think

[tiffme]

What is the name of your state?AZ

My husband was recently let go from his employer stating that he had violated a Non-Disclosure agreement. He was shocked and asked for evidence they said he would have to make an appointment. They escorted him out of the building and then a company meeting was called and they told all of the employees that he was fired. He was granted a conference call with the pres. who told him they didn't have to say anything, but they had proof, he again asked for what proof and they again said they didn't have to say. They said it is a right to work state and that is all. He can not think of when he may have violated the NDA! He has written statements from others stating that the NDA had been violated by others from the same company. In addition others at his same company had violated NDA and had been given a warning. The company my husband works for is owned by a larger company who has not been so happy with some of the practices at work. My husband feels as if he has been a scapegoat. Does he have any rights?

 

[cbg]

First off, right to work means only that you cannot be forced to join a union in order to get work. It doesn't have anything to do with his situation. What you or they mean is that Arizona is an employment at will state (so is every other state except Montana) which means that you can quit at any time and for any reason at all and you can be fired at any time and for any reason that does not specifically violate the law.

Based on the facts in your post, this is not a wrongful (illegal) termination. They do not have to tell him what proof they have - this is not a court of law. In addition, if they honestly believe he has violated the NDA, they can legally fire him for it, even if they are mistaken. It might be wrong, in the sense that they are incorrect, but it is not wrongful, meaning illegal.

Unless your husband has a valid reason to believe that others who were accused of this were given a warning, while he was terminated, BECAUSE OF his race, religion, national orgin etc., there is no discrimination.

 

[tiffme]

maybe

A month before he was fired he complained about another employee who was teasing him because of his religion. He had enough. This same employee was constantly making sexual jokes etc. He went to the boss and stated that they may want to talk to him because it was getting bad.

Prior to this he was up for a promotion. I have several emails from his managers about what an asset he was to the team and that he would be rewarded for his effort. He was fired 2 days before he was eligible for a bonus due to the completion of a project.

 

[tiffme]

character

In addition they called a company meeting and shared this with all of the employees. He also has another part time job as an instructor in the same field he had worked in-and other employees and students have a realtionship with both the school and the place of employment. Therefore there is alot of talk at the school about his character.

 

[cbg]

While that may or may not have been unprofessional, it was not illegal and does not make the termination illegal.

Edited to include:

I'm sorry, I missed the middle post. It's just barely possible that he might squeeze a case of discrimination out of this IF he can convince the EEOC that his termination was in retaliation for complaining. But that's going to depend on what proof they have; if they really do have proof of his violating the NDA, whether your husband knows what it is or not, that might be enough to validate the termination in spite of his earlier complaints.

 

[tiffme]

more

What if they don't have proof? A manager at this company told my husband that he was told that my husband was fired from a statement from an outside source. My husband confronted this person and he said that the information was wrong and he would swear to it.

 

[cbg]

If they don't have proof (which again I reiterate they are not obligated to show him) then that will support a claim of retaliation. It will NOT in itself be enough to prove the case.

If he honestly believes that he was fired solely in retaliation for complaining about the other employee, he should file a complaint with the EEOC. I cannot, from your post, say whether he has a strong case, a weak case, or any case at all. But that is his option.

 

[Katy W.]

tiffme, I know this won't help much but I want to say I understand your husband's and your shock and anger; this is no way to treat a valuable employee as your husband obviously was, and frankly I think that the upcoming bonus may have played a larger part here than you are giving it. It is traumatic to be accused unjustly of something like this, but probably not illegal. In a situation like yours the faster you shake their dust off your (husband's) feet and decide that he is better off out of there, the better you will be, in my opinion.

 

[tiffme]

more

The hardest part of just letting go is that in the industry my husband works in you will not get a job if you have violated a NDA! He was so careful not to do this. So what do you do? The company doesn't have to prove it, you have no recourse and your career is in the toliet-all the while you were a good employee, worked your butt off. Where do you go from there? I guess back to school in the meantime you loose everything, your reputation is tarnished and you find yourself starting all over again.

 

[Katy W.]

Maybe you could hire an attorney to write a cease -and -desist letter to the employer stating that your husband did not violate any agreement and that any communication with any third party stating that he did would result in legal action.

This is just an idea.

 

[cbg]

Whoa, hold on! I didn't say the employer never would have to prove his allegations; I said he didn't have to show their proof to your husband. If you complain to the EEOC, sooner or later they are going to have to prove that they had reasons over and above his complaint to terminate him.

I can't tell you how strong a case you have because I don't know what the employer has for proof or specifically what the NDA says. But I'm in no way trying to tell you that you're out of options altogether.