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Is there a case for wrongful termination?

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ras23

Junior Member
What is the name of your state? MA

I worked in a small company in MA for over 3 years. The company had a group of people who were responsible for bringing in revenue. The group was typically 5-6 people but over 20 people were hired and fired in 3 years. In the middle of last year, a new supervisor was hired who immediately let go off 3-4 people within the group and hired people on his own. He started making my life very difficult and although I tried my best to work with him, I kept feeling that he had a personal agenda to get rid of me. Over the past month, he started telling other people in our group that he was gong to fire me; he also told them that I was earning more than them and he was trying to create dissonance within the group. His attitude towards me was very hostile and he became very dismissive towards me in our group meetings. Moreover, the supervisor also promised a raise to one of my colleagues if he would write an email building up a case against me. My colleague refused to write anything negative about me; the supervisor did not like this and kept asking for some "negative" feedback on me, promising to offer a raise. Eventually, I was let go. I do have the emails that the supervisor wrote to my ex-colleague and was wondering if I have any rights as an employee. The company wants me to sign a termination agreement wherein they have offered 2 weeks severance pay, provided I waive all my rights and also promise to have a non-compete with them for 1 year. Please advise.
 


cbg

I'm a Northern Girl
SJ, the only state that is not at least technically at-will is Montana, and even Montana follows the at-will doctrine in some instances.

I am in Massachusetts. Nothing in the law forbids (a) a new supervisor or manager firing current employees to make room for his own people (b) a supervisor or manager managing poorly (c) an employer from offering a raise to an employee for providing negative feedback on a co-worker.

(A) is sometimes an effective managing tool. (B) and (C) would suggest that this is a very poorly run company but do not violate any laws.

It is barely possible that the poster might be able, with the help of a good employment lawyer, to scrape together a case that the employer violated "good faith and fair dealing" but that would depend upon any written policies of the company and would probably cost the poster more than they would win; nor would it be likely to get them their job back. And if it did, I can't imagine why he'd want it.

Unless he has a contract, as you suggest, and this treatment or termination violates it, I suspect he's SOL. Although my personal opinion is that he's well out of that place.

Poster, file for unemployment and get the advice of an employment lawyer on the waiver and the non-compete. The waiver, if written properly, is SOP; the non-compete might not be enforceable as written. It's my understanding that this state frowns on non-competes in excess of six months, although the EXACT wording counts.
 
S

seniorjudge

Guest
cbg said:
SJ, the only state that is not at least technically at-will is Montana, and even Montana follows the at-will doctrine in some instances.

...Unless he has a contract, as you suggest, and this treatment or termination violates it, I suspect he's SOL. Although my personal opinion is that he's well out of that place....

Hmmmm...that's makes the second thing I have learned today. I've got to slow down!

Also, this does not mean "statute of limitations" does it?

BTW, have you noticed I am quoting you on my standard "sex with children" answer?

OP...my apologies for hijacking....
 

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