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Is this just cause for termination?

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nyc25

Junior Member
undefinedWhat is the name of your state?

I am in New York.

I have a career background in retail management in New York city. I had always been employed with large retail corporations until three months ago when I accepted a management position for a husband and wife owned boutique type company. I was let go from my position yesterday afternoon, 2 days before my health insurance was to be implemented, without any notice or what I feel is just cause. I have decided to write a letter to my former employer to ask them for some form of severance pay. Below you will find the letter I have written; any feedback on this letter is greatly appreciated since I am planning to send it tomorrow.

Thanks.

---------

Dear Employer,

After our meeting yesterday, I find myself sadly reflecting on our conversation and upon my current situation. I contacted my previous employer and learned that there is no suitable position for me at any of their locations. Additionally, the New York State Unemployment Insurance Agency informed me that even if my claim is approved, it will take several weeks before I receive any benefits. You have placed me in a very precarious circumstance, and I am distressed at the way my employment with XYZ Company has ended.

During our conversation, you correctly acknowledged that I did not receive any feedback from you on my performance, and you assured me that my dismissal was not performance-related. In fact, you cited the reasons for my termination were because: “It’s not your passion.”, “You seem not happy here.”, “Your heart’s not in it.”, and “You should be going after your dream.” As you may recall, I responded that I was happy, and I acknowledged that I was even successfully performing various tasks outside of my job description. Additionally, you stated that you had struggled with the idea of letting me go “for sometime.” In hindsight, last week’s urgency to finish the manual, to train Jane on payroll percentages, John's unreasonable request for me to work Sundays, and Jane’s surprise walkthrough of my store all seem to fit into place now.

At this juncture, I would like to go on record to state that I feel strongly that the reasons you cited for terminating me are not “just causes” for terminating an employee, any employee. If they were, the majority of employees of the world would be out of work. Also, I am perplexed by your incorrect perception of me, since I had, as you agreed, virtually no contact with you or supervision by you. If I were truly unhappy at my job, it would have resulted in poor performance, which you agreed, it did not. Also, I am certain that I have never expressed any dissatisfaction to any of my colleagues. Additionally, I was especially disappointed to be let go only two days shy of receiving my health insurance benefits. As a result, I feel I have been treated unfairly as an employee of your company.

As an XYZ Company employee, I performed all duties in good faith and went above and beyond the stated job description. As such, I feel that management should bear some culpability for this unfortunate situation, which you agreed you totally mismanaged. To this end, I am writing to request your company’s assistance to help me through this difficult transition. I am requesting that your company remit to me four weeks of severance pay, due to the untimely and mismanaged circumstances of my dismissal.

I wish XYZ Company and all of its employees much continued success in the future. I look forward to hearing from you soon and resolving this matter as quickly as possible. Thank you in advance for your kind consideration, and please feel free to contact me via telephone or email as I would prefer to resolve this situation with you instead of looking elsewhere for a suitable solution.

Sincerely,

nyc25
 


wushukungfoo

Junior Member
Well, I'm not sure about the NY labor situation...out here in AZ you can be terminated for any reason whatsoever and without any sort of notice.

I realize it's very upsetting to lose your employment that suddenly, and heck maybe they even set you up for a fall... but I don't think they did anything illegal and I don't believe they owe you any severance.

However I do believe they did something pretty crappy to you. In all and utmost sincerity I wish you luck in your job search.
 

pattytx

Senior Member
All states except Montana (and even there, in some situations) are "at-will" employment states. Meaning that the employer may terminate an employee for any non-illegal reason, and the employee may quit at any time for any reason.

Nothing in your post even hints at any laws being broken. Plus severance is never required by law, and is normally only given when an employee is terminated due to a reduction-in-force, not because of "it's not working out". Even if they did, you worked less than 90 days and you expect 4 weeks of severance pay? Standard might be 1-2 weeks per year of service.
I hope you don't burn your bridges in the industry with your letter. Especially with the severance pay request which, in my opinion, is all but hopeless.

Good luck in the job search, though. It's still tough out there.
 
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cbg

I'm a Northern Girl
Your employer is not required to have what you consider just cause to terminate you and if you send that letter you are BEGGING them to give you a negative reference in the future.

Four weeks of severance is way out of line for less than 90 days employment.

I strongly recommend that you rewrite that letter.
 

Beth3

Senior Member
I agree completely with cbg. That would be a foolhardly letter to send. Your employer does not need "just cause" to discharge you and you have no basis to threaten legal action if they do not give you four weeks of severance.

You certainly may ask if they'd consider providing you with a more generous severance benefit but couching the request in a not-so-veiled threat would be extremely unwise, particularly since you have no basis to back it up.
 

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