• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Termination-Under questionable conditions?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

S

Scopemaster

Guest
What is the name of your state? Delaware "at-will" State.

I have 2 friends which were terminated. And they did get a reason and it was completely and ovious it was a witch hunt.

Company "A" a few months ago lost over 100K through fraud of a customer passing a check from out of country.

Friend 1 received this check and as usual accepted the deposit. (No Cash Return) Was placed into an account that the existing customer had multiple businesses accts and large sums were not unusual.

Friend 1 called friend 2 (which is immediate super of friend 1) Friend 2 approved the check deposit.

2 weeks later this check showed up as foreign and has not cleared. Corp Acct let friend 2 know of this situation and friend 2 placed a hold in an impending wire to xfer funds to london. It was held until it could be verified.

2 days later with out knowledge of friend 2 a manager different branch released wire 90K to London. 1 week later the check came back as no funds.

Corp panicked. They found the opening of the original acct with customer loaded with BoBo's (No Credit Check) (Friend 1&2 has nothing to do with this. (They only work with money to and from)

It was found that it was a fraud action.

This had gone through multiple sources and hands and never once question. A official stated it would have happened any way, the system failed.

On termination date, it was abrupt. Racist remarks were made to branch mgr about the transactions.

Friend 2 called president and asked why, Friend 2 heard the following, It was the largest ______ loss ever had. Board members vote them out as front line defense and whats done is done. 3-4 other people involved excaped every thing, Not as much as a slap on the hand.

It was also learned being both 1&2 blew a wistle on an illegal activity caused the resignation (Not termination) of a manger 6 mos earlier. This resigned person was a daughter of a resource corp director.

Mean while a friend #3 which was branch manager worked 2 days and copied every stitch of documents about this situation and supplied friend 1 & 2 these documents. (It contains all details to conversations, emails, legers and etc.

Friend 1 & 2 are distraught and a week later really unable to work or existing as they're self as this was a position they loved to include the community.

They both are receiving calls 6-7 times each day from all different community showing support for their loss. All agree it was unjust and wrong.

It will be 2 weeks before the only employment attorney can see them. They are now unemployeed but needs to get $75.00 for consiltation.........

Is there a case here or is corp able to get away with this questionable action???????????????????????
 


HomeGuru

Senior Member
Scopemaster said:
What is the name of your state? Delaware "at-will" State.

I have 2 friends which were terminated. And they did get a reason and it was completely and ovious it was a witch hunt.

**A: the above is all I read of your post. Your 2 friends got fired so not matter the reason, their employer has a right to fire them period.
 
S

Scopemaster

Guest
Under stood that one - But I have read that if there is a hand book or other document that would imply something other than that it would change that scope correct?

Friend 1 & 2 has reviews with dates of the review of the past year. I understand this is not enough but there is a part where it has remarks for what is expected of them and Quote "For The Next 12 Months". Could this not tip the scale?
 
S

Scopemaster

Guest
Also, They had made the situation where friends 1 & 2 can not EVER obtain a job in the only field they know due to what they have been terminated for.

There were also comments from the president it was a matter of heads had to roll and this was the vote of the board members worried about the dividens would be affected.
 

cbg

I'm a Northern Girl
The EXACT wording of the handbook or document, if poorly enough written, CAN constitute a contract but does not necessarily do so. Having the phrase, "For the next 12 months" included in a performance review does NOT constitute a contract in which the employee cannot be fired inside of that time. No, that is not enough to tip the scale; the scale isn't unbalanced.

I read the entire post and did not find anything in it that would make the firing unlawful.

If the employer is saying something to prospective employees that is UNTRUE, then they MAY, depending on the exact circumstances, have a case for defamation. However, if what the employer is saying is his/her own personal opinion, and it happens to be negative, there is no case.
 
S

Scopemaster

Guest
So let me try and get this straight then, Your government has done a great job protecting the bussineses in total disreguard of the people ?

I can sue any one for any thing but a company can do what ever short of rapping some one and get a get away with the protection of the government right ?

So how can one protect them selfs ?????????

Most people I have spoken to the last few weeks were shocked and never once heard of the "at-will". It seems to be a quiet issue that most layman did not realize.

In any one's opinion, What would hapen if the voters were educated to this fact ? Could this result in something ?

All questions, I don't know..... Would appreciate opinions at this point........
 

Beth3

Senior Member
Scope, the doctrine of "at will" employment is rooted in English common law. It's not exactly a new concept.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top