Just Cause Employer & wrongful term?

[loren1983]

Michigan

Just got terminated out of the blue, no previous hr issues, documentation, counseling due to accusations that some people overheard a private conversation I had with a friend. I was at my desk, mentioned a number of frustrations looking for advice, and although it was possible that acoustics carried some phrases over the wall, etc... the gist was that I used my Bosses' name (which happens to be the same name as my husband, and the bad supplier I was talking about. They also said that I said I hated the company. Possibly true, but there is no way anyone could have heard the entire conversation, especially in context.

Yet, they terminated on the spot, no warning, nothing...no proof offered, just an offer of severance if I signed away any rights to legal action.

Anyone have any experience if hearsay of an eavesdropped personal conversation of NO illegal topic could warrant this?

 

[cbg]

What you have described is not a wrongful term. A wrongful term means that a specific law prohibits the employer from terming you for the reason they did. It does not mean that the employer misunderstood the situation or that you were fired for something you didn't do.

Hearsay is only inadmissible in a court of law, and not always then. An employer does not need proof of wrongdoing before they can legally fire you. They can legally fire you because they don't like your shoes, or because you cheer for the Patriots and your boss is a Colts fan.

No legal recourse here. File for unemployment and look for new work.

 

[eerelations]

And they're not legally required to offer you severance pay. If you want the severance pay, the only way you can get it is to sign that paper.

 

[Beth3]

Michigan

Just got terminated out of the blue, no previous hr issues, documentation, counseling due to accusations that some people overheard a private conversation I had with a friend. I was at my desk, mentioned a number of frustrations looking for advice, and although it was possible that acoustics carried some phrases over the wall, etc... the gist was that I used my Bosses' name (which happens to be the same name as my husband, and the bad supplier I was talking about. They also said that I said I hated the company. Possibly true, but there is no way anyone could have heard the entire conversation, especially in context.

Yet, they terminated on the spot, no warning, nothing...no proof offered, just an offer of severance if I signed away any rights to legal action.

Anyone have any experience if hearsay of an eavesdropped personal conversation of NO illegal topic could warrant this?

So you were overheard griping about work while talking on the phone at work. That's a valid (and legal) reason to terminate your employment. Your employer is free to act on "hearsay" and second hand information.

 

[loren1983]

Thanks for advice...Does it make any difference...

Forgot to mention that the employer is a Just Cause employer, not At will...does that make any difference? ie, not following any form of progressive discipline, etc...?

Thanks

 

[Hot Topic]

It should be obvious to you by now that the "private conversation" should have taken place on your break in a room where you could close the door. When you're within earshot of others, you ask for trouble by involving yourself in a conversation that could be "misinterpreted." According to you, the conversation was misinterpreted by "some people." Obviously, there were enough to trigger your termination.

The company felt it had just cause to terminate you, and I don't know that they're legally required to give you a warning, put you in a special training course on etiquette at the office when using the telephone or anything else.

People usually don't get severance pay when they're fired. All they can do is hope HR's policy is not to give out the reason why the person was terminated when contacted by a potential new employer. You're lucky. Take the money and be careful next time.

 

[mlane58]

Forgot to mention that the employer is a Just Cause employer, not At will...does that make any difference? ie, not following any form of progressive discipline, etc...?

Thanks

How are they a just cause employer and not at-will? Last time I read (which was yesterday BTW) Michigan was an at-will state. Unless you have a bona fide contract or are part of a collective bargaining unit, then they are at-will

 

[Beth3]

Forgot to mention that the employer is a Just Cause employer, not At will...does that make any difference? ie, not following any form of progressive discipline, etc...?

Thanks

Unless there is an employment contract of some sort in place guaranteeing employees will only be terminated for "just cause," then you are an at will employee. Now your employer's policy may basically state that they don't terminate employees without a good reason however it's entirely up to your employer to make that judgment.