Possible Wrongful Termination?

[MC]

I am currently employed and I am hearing a lot of “loud talking” of the fact that I am going to be fired. My employer is an “Employment At Will” employer. I am a salary exempt employee and do not have a record of disciplinary actions taken against me. My understanding is that my employer can terminate me with or without cause. The questions though that I have are the following:

1. Can my employer terminate me when due process has been conducted with non-exempt employees? In other words we have gone through disciplinary actions with these employees. Could I claim discrimination since I have not been allowed the same due process?

2. My employer has the following statement in the personnel manual – “Thirty days notice must be given by the exempt employee or the company (as stated in the employment contract). Nothing in this Handbook or in any document or statement shall limit the right to terminate employment at-will”. Can my employer immediately terminate my employment if my contract doesn’t have this wording in it?

3. Over the past few months I have had a hard time keeping up with the work load and requirements imposed upon me. I have worked excessive hours at work (55 - 65) hours per week and it has led to my making mistakes which I am sure will be used against me. Could I defend a possible termination action by proving that my employer asked way beyond what any normal person could accomplish? Secondly that the work environment was tailored to force me out.

 

[buddy2bear]

You have an employment contract? If you have an employment contract, depending on its terms and you have not breached it, you MIGHT have a cause of action.

An employee handbook is not considered a contract nowadays, but a general set of rules and regulations of the company, particularly if it states "not to be viewed as a contract," or words to that effect.

You need to consult an employment and labor law attorney if you have an employment contract as this is complicated. If you do not have a contract and you live/work in an at-will state, then you are at-will and could be fired for any reason, even if the wind blows and the leaves fall.

 

[MC]

Buddy2Bear

Can discrimination be claimed because of a lack of due process and could this be supported with the fact that the employees are female and I am male.

 

[buddy2bear]

My dear MC, you can claim anything you want, but you have to PROVE it. You think your co-workers are going to put their jobs on the line to testify for you? Unfortunately, I don't think so. Why don't you just go to your EEOC and see what they say?

However, some observations: (1) you are a male (if you are white, well, you are at the bottom of the heap discrimination-wise); (2)there is no money in your case, so finding a lawyer without paying a hugh upfront fee will be almost impossible - this is not a large contingency case; (3) do you really want to waste your life on this?; and (4) revenge is not always "sweet" and sometimes costs you more than it's worth emotionally and financially. The best revenge is to do better than you had where you were.

I know, I know, you are probably "mad as h*ll;" unfortunately, join the ranks and "kick the dog" and move on.