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Wrongful Term? Harassment? Retaliation? Hostile Work Environment? Part 1

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timjbryant

Junior Member
What is the name of your state (only U.S. law)? California

I have been struggling with this question for the past several months regarding my termination in February of this year. After having worked for this company for the past 7 years, excelling at my job and receiving several promotions, to be summarily dismissed for what I believe to be a combination of retaliation from my Store Manager for my charges against him and the cooperation of the Home Office based on his FALSE accusations and those he coerced and solicited from my accuser(s), I feel compelled to pursue legal action. I will attach the email I sent to the Executives after my termination which discusses in detail most of what happened which led to my firing.
A few details not mentioned in my email include the fact that this so-called investigation into my actions took place while I was on vacation, that I was never formally spoken to about the accusations made against me (therefore I'm not fully aware of what had been said against me), that I was never given an opportunity to either explain what I may have said or done nor given an opportunity to DEFEND myself against these malicious accusations.
A few days into my vacation and right before our quarterly financial meeting at Home Office, my Store Manager called me to tell me that I should just quit, that I was not welcome at the meeting the following week (thus implying that he had been in contact with certain executives at the office and apparently they were intent on firing me) and I should just come in and turn in my VQ. I refused to do this. Subsequently, I was told to come to the store the day after my vacation ended (also the first day of the quarterly mtg.), never told why even though I asked several times. I arrived and was promptly given a 7 day suspension. This is what is given to salaried managers during which time Home Office can do what they need to do as far as paperwork before formally terminating you. As mentioned in the email I sent to Home Office, my Store Manager LIED in his statement which was present on the Associate Counseling form given to me. He stated I admitted things that I NEVER admitted to when asked about my conversation with this particular girl. This was, in part, used to ensure my termination. Please take a look at the text of the email I sent:


Rxxxx,

First, let me say I hold no ill-will towards XXX's Electronics and only wish for your continued success and growth. I have always held each of you in the highest regard and leave with respect and admiration. I have appreciated your guidance, advice and counsel. However, I feel there are several things that must be said on my behalf and in the best interest of the company. I trust you will take the time to read what I have to say and give my words the consideration they deserve.
I have spent the past 7 years dedicated to this company. I have done everything that has ever been asked or expected of me. I have made sacrifices, professionally and personally, for the sake of XXX's as well as my career. I'm not saying that I have been the model associate, not by any means. But to be dismissed and labeled a "harasser' after the time I have labored and the commitments I’ve made is not only unacceptable, it is insulting and humiliating. After reading what I have to say, I believe you might agree with my concerns.
I want to begin by discussing XXX XXX and everything associated with her and what I believe led to her complaint and the circumstances that followed. I have known XXX for over a year and in that time we have always had a very good relationship both professionally and personally. I say personally because she and I were good friends and I have helped her over that time on many occasions with issues at the store and in her personal life. She always sought my advice, opinions and assistance with just about any opportunity she had. We had an "open" way of communicating with each other. What I mean to say is we could speak to one another the way you would with your best friend. Now, let me make this perfectly clear. That was something that NEVER interfered with our working relationship. There were times I did have to speak with her using my authority as the ASM and she reacted in a way where it was obvious she took what I was saying personally. However, she realized the distinction shortly thereafter and knew I wouldn't and couldn't let our personal friendship influence my decisions in the store.
Where this was most apparent was with a decision that was made approximately 6-7 months ago. The FCO Sup 2 position was available due to the current supervisor taking a LOA due to the birth of her child. XXX XXXXX, XXXX XXX and I had a closed door discussion in the office to determine who we should promote to the position. The conversation lasted only 20 minutes or so and it was agreed, by all 3, that XXXX XXXX would be the best candidate. XXX had previously been Sup 2 in the department. He was promoted to Audit DM and worked that position for some time before returning to FCO. I believe he was either Sup 3 or 4 at the time the Sup 2 position became available. The discussion ended with XXX asking XXXXX to send him the PCR for XXXX's promotion. XXXXX submitted the PCR and XXX sent it to XXXX XXXX for approval.
About 1 week or so passed and I came to learn that XXXX had not been moved to Sup 2, that XXXX was promoted instead. I learned this via email when the PCR's returned with the necessary approvals. I didn't know what happened at first and thought perhaps the PCR's were sent up incorrectly. I asked XXX what happened and he said that he changed his mind and decided to move up XXXXX instead. I asked him why this was since we all agreed XXXX was the most experienced most mature and responsible candidate for the position. He told me that XXXX had called him and told him we should promote XXXX instead. His reasoning was that XXXX had already had his opportunity so why not give an opportunity to XXXX.
Now what concerned me about this decision was what XXXX had said to me regarding XXXX. In the time since he moved to District 1 and spent time in the store, she said she felt he was interested in her and that they had begun a "friendship." She said that he would text her and ask if she would like to go out with him. He would call or text asking about her and how she was doing. This continued for quite some time and as you'll note later, continues to this day. If XXXX suggested XXXX as Sup 2 due to his personal feelings for her and not because he felt she was the best candidate for the position, obviously this could be an issue and it did become one. Somehow, XXXX learned that she was not the person we had in mind for the position and was very upset about this. She questioned me about this and felt that if she wasn't our choice then she didn't want the job. I explained to her that initially the decision was to go with another associate but that changed and she was now the Sup 2 and would have our support. Apparently she didn't feel that way and believed that I didn't support the decision or her. She became irrational and angry. She cried and said she was going to quit. Eventually, this ended up with a discussion in the office involving XXXX and XXXX as well. XXXX also involved XXXX, complaining to him about this. I believe that she felt the way she did because she knows that we decided to go with XXX but XXXX got involved and decided on XXXX instead. And given what she told me about her "friendship" with XXXX, she felt that I believed she was promoted because of that and not based on merit. XXXX eventually got involved in this matter and I'm sure he can fill you in on any other details if you're interested. In the end, XXXX believed she had our support and believed I would do whatever I could to support, assist and guide her in any way necessary. In the 6 months or so after this happened, everything between XXXXX and I was great and there were absolutely no issues whatsoever. We had a great working relationship and our personal relationship continued as it did before. So let's discuss what happened last month which led to my dismissal.
 
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cbg

I'm a Northern Girl
If you expect any answers, you're going to have to cut that down by a considerable amount. Any ONE of those would be too long. Take the length of ONE of your posts and cut it by about 2/3rds, and maybe someone will take the time to read it. We're volunteers here; we don't have time to read novels.
 

Andy0192

Member
Cut to the chase, Did you have a contract?

Do you understand what an at-will employee means?

A firing doesn't have to be fair, you don't have to be given a chance to tell your side of the story or defend yourself, and the company's judgement can be really, really bad. None of that makes your termination illegal.
 

Yertle8

Member
Also, there's obvious reason to not use real names, but make up some fake names. Naming everyone XXX makes the story undecipherable.
 

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