Wrongful termination??

[DonnaJY]

What is the name of your state?Illinois
51 year old female who had previously worked for a privately owned restaurant.
Restaurant was sold due to financial problems and new owner took over.
Before taking over came out and talked about " promoting me" and making me in charge of the bar, along with setting my hours.
Three weeks after take over the boss fires me because I am making more money than anyone ele and working too many hours!
Prior to taking over, an accident happened at work with another employee and One other employee and I witnessed it. I filled out accident report.
The new boss asked me to change my story on the accident report and he was told no.
New boss said the accident report didn't need to be so detailed, and if another accident were to happen out there would I do the same, answer yes.
Can anything be done about this?

 

[cbg]

On the surface, you do not have a clear case for wrongful termination. However, there are a couple of things to look at closely.

It is not illegal to terminate a highly paid employee in favor of one who will work for lower wages. Doing so CAN (BY NO MEANS does it mean that doing so WILL) be a pretext for age discrimination, but this is NOT enough to "prove" a case of age discrimination. You would need some sort of backup evidence.

It is unclear whether the boss is asking you to LIE on the report, or simply to reduce the amount of detail. Depending on the EXACT circumstances, the first COULD be considered a public policy violation. If so, then yes, that could qualify as a wrongful termination. However, if he's just asking you to hit the high points and eliminate the detail, but still tell the truth of what you witnessed, that is not illegal, not a public policy violation, and not a wrongful term.

 

[DonnaJY]

Two previous accidents

from Illinois:
Actually I was told by boss that I shouldn't have filled out the accident report even though I was in Management position at the time of the accident and witnessed it. I told him it was my job to do this . He basically said there had already been two previous accidents there and this would be the third.
I believe he was expecting no accident report to be filled out.
The lady that was hurt is off of work with rotor cuff damage.

The hourly wage I was making before he took over and he knew but never said anything about putting me on salary or reducing my wages.

The hours he set, so I was not working anymore hours than what he wanted me to.
Thanks for your reply.

 

[cbg]

I'm still not seeing anything I can point to and say, there, that proves that you were definitely wrongfully terminated.

However, I'm more than a little suspicious. If I had to guess one way or another, I'd put my money on your having some form of legal recourse somewhere in there. I don't think it would do you any harm at all to consult with a local attorney, preferably one specializing in employment law, and get some advice a bit more specific to your situation than you can get on a message board. A face to face interview will be able to elicit more facts that will help you, than I can do in this forum.

Good luck.

 

[slccom]

Wrongful termination?

I'm wondering if the employer is trying to pull off some sort of Workers Compensation scam, too. I'd have the attorney you consult consider that angle as well.
SLCCOM

 

[DonnaJY]

Thanks everyone

Thank you all for your replies.
Going to make some phone calls!
This new boss is a retired Lawyer!
The lady that was hurt has only received ONE compensation check since being hurt in OCT.
The only thing I can figure out is two previous accidents happened way before he took over, the last one was when he was in the process of taking over, previous owner , I believe would or would not be liable for this last accident?
New boss is worried about his W.C. insurance probably going up due to having three accident claims at this restaurant ?
I don't believe firing me had anything to do with making too much money and working too many hours.
Thanks again, will keep you informed of the outcome.