What is the name of your state?
California
While working 3 years as a Supervisor, I was terminated. The Termination Memo signed by all Sr. Mamagement Executives gave five reasons for my termination. Four had to do with Jpb Performance and one for accepting collect calls from a friend during business hours. I was not allowed by the HR Manager to read the memo prior to signing it. She instructed me to sign the termination memo, leave the premises, go home and read the memo. if I had questions, I could call her. I signed and left as a matter of respect.
About 8 weeks prior to my Termination, my Annual Performance Review signed by Sr Management staff showed I was doing my duties well to their expectations. The review also mentioned I was regarded by my peers as the 'to go person' when dealing with issues complex in nature.Three other Job Reviews I received in the 3 years I was there indicate I was an above average employee. I was never given any verbal or written warning regarding my job performance. On the contrary, my superiors spoke quite highly of me during staff meetings.
I sent some e-mail to the VP of HR, disputing their reasons for terminating me as I said not one of their allegations could be justified. Two months after exchanging e-mails with the VP of HR, I got an e-mai from her saying the only reason for my termination was accepting those collect calls.
They provided me with copies of the phone records. After reviewing these records in detail, I was shocked to learn that about 80-90% of the collect calls were made either during my lunch breaks or after my scheduled working hours (mostly Saturdays and Sundays). My official working hours were 37.5 hrs a week but I averaged about 70 hrs a week. I was an exempt employee. I sent an e-mail to the VP, HR, telling her about my above findings. I never heard back from her.
Three months after being terminated, I received a letter from the Company's corporate counsel, saying I am not to communicate with any of their employees during business as they felt I was harassing them. No one at the company ever told me my contacting them constituted any form of harassment. I asked the corporate counsel via an e-mail on to explain to me any legal basis as to why she feels I have no right to contact their employees. I asked for her response because I wanted to know whether the law required I desist from making any further contacts with these employees who regarded me as a good friend.The corporate counsel did not respond to me.
The final straw in this saga of humilation came when one of the Supervisors at the company filed a restraining order against me for harassing her via e-mail (an e-mail I sent to fifty other employees of the company describing my last day at work, a satire to stir humour but with no disrespect shown towards the company). I went to court and the judge told the plaintiff attorney there was not a single evidence as to why the court grant the petition. Within a few minutes into the proceeding, the judge dismissed the action with prejudice. Surprisingly, the judge told me I make no further contacts with these employees. I was going to ask her on what grounds?
My reasons for the Termination:
1. I made certian comments in a file which did not meet the approval of the VP of the Branch. My comments could have been construed to mean she failed to take an action that was necessary in the handling of that file. I was forced to make changes (and I complied) to my prior notes to exonerate the VP of any fault in the handling of that file.
2. I refused my Manager's request to peek into one of my staff's drawer to see if she was hiding any mail addressed to the company and these mail required a response from the sender.
3. My Manager was very unhappy about by decision in recommending an employee be taken off her probationary warning period. This employee made a remarakable improvement in her performance. The Manager suggested I tailor this particular employee's performance review in such a manner that would make it difficult for the employee to survive her probationary warning. I told the Manager it was wrong to do that and I refused to do so. Another time,I was asked by my Manager to tell my other unit staff that this particular employee made a bad comment about her view of Management's philosophy and again I refused.
4. I was told by the VP of my department to have my staff close more files, even though there exist a potential exposure to the company's customer. I let my Manager know I did not feel this was proper and refused to do so.
I strongly believe Sr. Management Staff felt I could not be relied on siding with them on certian irregularaties and I would not stoop down to their manadatory wishes. This whole affair about my termination had been dealt with an air of Mystery and the entire middle management staff were shocked at the Company's decision to fire me. One needs to review my past Annual Reviews to understand where I am coming from.
I had always looked upon this incident as some bad karma until I received a letter from the same Law Firm that represented the employee who filed a temp restraining order against me. The letter tells me to stop contacting employees of the Company or else the Law firm will once again seek a temp restraining order against me. I now believe that this Law Firm handled the restraining order petition for that employee on a Pro Bono basis. Now for the Law Firm to represent the Company itself, may constitute a possible conflict of interest.
Does it appear I may have a cause of action for Wrongful Termination against my former employer. I was terminated ten months ago. Can I take this case to a Labor Board for punishing my former employer of any wrongdoing by way of monetary sanctions not payable to me but to some charitable organization helping low income kids in their pursuit for a rewarding career.
Thank you all for any insight.
"It is so simple to be difficult
But so difficult to be simple".
California
While working 3 years as a Supervisor, I was terminated. The Termination Memo signed by all Sr. Mamagement Executives gave five reasons for my termination. Four had to do with Jpb Performance and one for accepting collect calls from a friend during business hours. I was not allowed by the HR Manager to read the memo prior to signing it. She instructed me to sign the termination memo, leave the premises, go home and read the memo. if I had questions, I could call her. I signed and left as a matter of respect.
About 8 weeks prior to my Termination, my Annual Performance Review signed by Sr Management staff showed I was doing my duties well to their expectations. The review also mentioned I was regarded by my peers as the 'to go person' when dealing with issues complex in nature.Three other Job Reviews I received in the 3 years I was there indicate I was an above average employee. I was never given any verbal or written warning regarding my job performance. On the contrary, my superiors spoke quite highly of me during staff meetings.
I sent some e-mail to the VP of HR, disputing their reasons for terminating me as I said not one of their allegations could be justified. Two months after exchanging e-mails with the VP of HR, I got an e-mai from her saying the only reason for my termination was accepting those collect calls.
They provided me with copies of the phone records. After reviewing these records in detail, I was shocked to learn that about 80-90% of the collect calls were made either during my lunch breaks or after my scheduled working hours (mostly Saturdays and Sundays). My official working hours were 37.5 hrs a week but I averaged about 70 hrs a week. I was an exempt employee. I sent an e-mail to the VP, HR, telling her about my above findings. I never heard back from her.
Three months after being terminated, I received a letter from the Company's corporate counsel, saying I am not to communicate with any of their employees during business as they felt I was harassing them. No one at the company ever told me my contacting them constituted any form of harassment. I asked the corporate counsel via an e-mail on to explain to me any legal basis as to why she feels I have no right to contact their employees. I asked for her response because I wanted to know whether the law required I desist from making any further contacts with these employees who regarded me as a good friend.The corporate counsel did not respond to me.
The final straw in this saga of humilation came when one of the Supervisors at the company filed a restraining order against me for harassing her via e-mail (an e-mail I sent to fifty other employees of the company describing my last day at work, a satire to stir humour but with no disrespect shown towards the company). I went to court and the judge told the plaintiff attorney there was not a single evidence as to why the court grant the petition. Within a few minutes into the proceeding, the judge dismissed the action with prejudice. Surprisingly, the judge told me I make no further contacts with these employees. I was going to ask her on what grounds?
My reasons for the Termination:
1. I made certian comments in a file which did not meet the approval of the VP of the Branch. My comments could have been construed to mean she failed to take an action that was necessary in the handling of that file. I was forced to make changes (and I complied) to my prior notes to exonerate the VP of any fault in the handling of that file.
2. I refused my Manager's request to peek into one of my staff's drawer to see if she was hiding any mail addressed to the company and these mail required a response from the sender.
3. My Manager was very unhappy about by decision in recommending an employee be taken off her probationary warning period. This employee made a remarakable improvement in her performance. The Manager suggested I tailor this particular employee's performance review in such a manner that would make it difficult for the employee to survive her probationary warning. I told the Manager it was wrong to do that and I refused to do so. Another time,I was asked by my Manager to tell my other unit staff that this particular employee made a bad comment about her view of Management's philosophy and again I refused.
4. I was told by the VP of my department to have my staff close more files, even though there exist a potential exposure to the company's customer. I let my Manager know I did not feel this was proper and refused to do so.
I strongly believe Sr. Management Staff felt I could not be relied on siding with them on certian irregularaties and I would not stoop down to their manadatory wishes. This whole affair about my termination had been dealt with an air of Mystery and the entire middle management staff were shocked at the Company's decision to fire me. One needs to review my past Annual Reviews to understand where I am coming from.
I had always looked upon this incident as some bad karma until I received a letter from the same Law Firm that represented the employee who filed a temp restraining order against me. The letter tells me to stop contacting employees of the Company or else the Law firm will once again seek a temp restraining order against me. I now believe that this Law Firm handled the restraining order petition for that employee on a Pro Bono basis. Now for the Law Firm to represent the Company itself, may constitute a possible conflict of interest.
Does it appear I may have a cause of action for Wrongful Termination against my former employer. I was terminated ten months ago. Can I take this case to a Labor Board for punishing my former employer of any wrongdoing by way of monetary sanctions not payable to me but to some charitable organization helping low income kids in their pursuit for a rewarding career.
Thank you all for any insight.
"It is so simple to be difficult
But so difficult to be simple".