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Unfounded "irreconcilable mistake"

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itzmeok

Guest
What is the name of your state? Michigan

This is probably longer than it needs to be, but I feel that all of this info is necessary:

I was fired in March 2003 for an "irreconcilable mistake" (monetary in nature) that occurred in October 2001. In my field, the mistake implied in my termination is almost "certain death" to a promising career and all of its opportunities.

At the "meeting" in which I was fired by the office manager and the regional manager, it was verbally implied that I "hid" the mistake which is why it "took so long to find it." I vigorously defended myself stating that I was not aware that I had made a mistake that would result in my need to "hide" it. This mistake, or the implication made by the managers, has never been proven (and, to date, I am not aware of any efforts by that company to prove my neglegence/guilt, nor have they provided me ANY documentation regarding my termination; not even a letter of severance). The company did, however, attempt to deny my unemployment benefits which I finally received 5 months after my termination date and after an investigation by the Michigan Bureau of Worker's and Unemployment Compensation concluding that "misconduct in connection with the work [had] not been established" and I was "not fired for a deliberate disregard of [my] employers interest." I strongly believe that continued research/investigation would further reveal my innocence not only to any wrong-doing but to making a mistake in the file that resulted in my termination.


I was not aware prior to the moment I got fired that there was any problem with my job performance nor that any file I handled contained a mistake that would put my job in jeopardy - I understand that the employer has every right to fire me, as an at-will employee, on the spot without prior notification and my concern is not based on this premise. I must add that I had never been fired before and it took some time and effort to recover my self-esteem and at least some of the self-confidence I had prior to my termination.

I have since gained employment with another company in the same field and was upfront and honest in the job interview about getting fired from my previous employer, explaining in some detail their implications while providing my side of the story. Given my career field, it was in my best interest to fully disclose this on my own rather than risk it being found out in a background check, making it look like I attempted to hide relevant information and/or that I might be a risk/liability to the prospective employer, thus preventing me from getting the job - obviously, this insight proved to be true.

All has been well with the new employer, I am happy, and at this point, I would otherwise not have issues with my getting fired by the previous employer. Until recently, I viewed my termination with the former employer as their loss of an exceptional employee and very much a benefit to my current employer. However, in a recent attempt in a career advancement in my field, this dark mark on my employment record came into question and I am faced with the responsibility of proving my innocence and integrity. I am extremely angry about the realization that this issue will follow me throughout my career and will continually provide a major obstacle if not a solid road-block in my efforts to pursue career advancement.

Should I seek an attorney and force the former employer to prove by any means necessary that I made a mistake and fully justify the reason I was fired (which, in actuality, would force them to admit that they fired me unjustly, because there really was no mistake; they would have to reveal the financial records that would show the mistake is unfounded).

I am just looking to clear my name and put closure on this issue so I can approach career advancement with confidence. I now fear that future opportunities will be jeopardized without some type of action.

Thanks for reading and for any advice you can provide in this matter.
 


Beth3

Senior Member
Knowing what your career field is *might* change my answer but based on what you've shared, there was nothing unlawful about the employer firing you based on suspicion of misconduct or what in their opinion constituted an "irreconcilable mistake," regardless of whether they had incontrovertible proof.

I don't see how you can force them now or could have forced them then to investigate further to your satisfaction. You simply have no legal basis to compel them to do so.
 
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itzmeok

Guest
I'm a title insurance closing agent.

Putting a black mark on my employment record without solid proof that I had, in fact, made the mistake warranting termination on these same grounds wouldn't be some form of slander? What kind of justice is there to recover one's good name in such an instance? The company has, in essence, labled me as a cheat and a liar, and I am getting the indication that they have some sort of inherent "right" to lay question to my honor?!?

Are there no clear laws to protect non-union employees of libelous practices?
 

Beth3

Senior Member
No, this is not remotely slander, libel, defamation, or any such thing so just put that angle entirely out of your mind.

Unless there are some regulatory requirements for title insurance closing agents that would REQUIRE the employer to have absolute proof before taking disciplinary action or terminating someone then there is nothing you can do. I've not worked in that industry but I seriously doubt there are any laws which would impact at will status.

The employer believed you to be guilty of a serious error. They terminated your employment. Whether it was fair or not, they did not violate any laws.

I understand your concerns but nobody has labeled you a liar, cheat, called your honor into question, spread falsehoods about you, impuned your integrity and so on. I think you need to take a deep breath. You've overcome the obstacle of your termination quite successfully already. There is no reason why you cannot do so again and you have presumably built up additional, very solid references in the meantime.
 
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itzmeok

Guest
***Deep Breath***

I appreciate your input - Thank you for the adjusted insight.

This has just become a matter of 1 step forward, 2 steps back and I am having to make up 3 steps just to get to where I should be by now. It's a hard knock to take, but in the interest of success, I will just pull myself up by my bootstraps and move on... cautiously.

I will admit that I find the resolution rather disheartening - "at-will" has a whole new meaning for me: Whatever progress I attain through my efforts can be destroyed with one word, at will. Corporate Employers have us by the leash in this aspect and there really is nothing we can do about it.
 

HomeGuru

Senior Member
Originally posted by itzmeok [/


I will admit that I find the resolution rather disheartening - "at-will" has a whole new meaning for me: Whatever progress I attain through my efforts can be destroyed with one word, at will.

**A: "at will" is two words not one.
 
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itzmeok

Guest
Additionally, "at will" at the end of that sentence meant that *fired* may be used freely, "at will"
 

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