Termination Reversed?

[MooveOn]

What is the name of your state? NY

I was working for a huge company. I have worked for them in CA previously and had a great record. Then, while working for them here in NY, an upper-management guy called me in told me they were looking at everything as an umbrella and were terminating my position which I thought meant, they were cutting my position, (down-sizing) not replacing me. I at the time, was up for another job within the company, and he told me I should go for that opportunity and them terminating my position should not affect my future with the company. Then a week later, I called because I had not heard back to schedule my interview for the other position. The woman (who works in HR) told me I was no longer eligible for that or any other position within the company and that the upper-management guy should not have told me that. She also said my termination was performance based for an incident that occured a week and a half before I was let go. I worked at least 12 shifts in-between the time that incident occured and the time I was let go.

Anyway...I am wondering if I have a meeting with them what I can ask for as an alternative to wrongful termination. I have already gotten a wondferful job with better pay and hours, and want to move on, but I may want to work for this company again back in CA and do not want this termination on record as being performance based. Is it even possible for the company to reverse the termination, destroy the records and have it on file as a lay-off or as me quitting?

 

[cbg]

First of all, a wrongful termination does not mean what you evidently think it means. Unless there is a specific law that prohibits the employer from terming you for the reason they did, it is not a wrongful termination. Based on what you have posted, you were not wrongfully terminated.

As to whether it is possible to reverse the termination, yes, it is possible in the sense that no law prohibits it. However, if you are asking whether you have some legal means to force the company to show you as laid off or quitting instead of terminated, no, you do not. They have no legal obligation whatsoever to do so. Additionally, destroying the records may violate the law, depending on what records you are talking about, and again they have no legal obligation to do so.

If you really intend to pursue this, which I do NOT advise, I strongly recommend that you remember you are not demanding rights; you are pleading for a privilege. You get more flies with honey than vinegar, and if you are to have any hope of gaining what you desire, you are ENTIRELY at the mercy and good will of the employer to gain it. You would do well to keep that in mind.