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Is this wrongful termination

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codysmom

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

A co-worker was fired last week and the reasons given were as follows:

Production not up to office standards - however her production has exceeded her counterpart production for the last 6 months and she has been "patted on the back" every month for her production numbers.

Tardiness - again however she is usually in the office earlier than her counterpart that are supposed to start at the same time.

Lax in proceedural documentation items - as she had scanned documents that were not electronically attached to client files yet - still in a holding pattern in the router. She had about 100 documents (not unusual for our line of work as that is only about 2 days worth of scanned documents) that she had not routed to the files yet. Again her counterpart had over 350 unrouted documents in the router waiting to be attached to client files.

Now her counterpart does not like her and is really buddy buddy with the owner (her husband went to school with the boss). Counterpart also did not take kindly to her (fired ee) pointing out some discrepancies in the monthly commissions that wee to be paid. Counterpart had several items that she should not have been paid on but listed them anyway in an effort to draw a higher commission check. Counterpart is also resonsible for a claim that needs to be paid and will not admit that it was indeed her mistake (not fired ee) that caused the claim to be submitted and since boss has no knowledge of how to review notes on client files, boss is taking counterparts word as the truth as to what happened even though it is clearly and precisely documented in the client file who did what.

Does fired EE have a leg to stand on?

Thanks
 


pattytx

Senior Member
Based on the information provided, this is not even close to a wrongful termination. Google "wrongful termination". It may have been unfair, favoritism, any other word you might think of, but the termination was not illegal.

The fired employee should file for unemployment benefits immediately.
 

cbg

I'm a Northern Girl
FYI, a wrongful termination does not mean that you were fired for something you didn't do. It also does not mean that it was unfair, unjustified, a violation of company policy, or unexpected.

Unless a specific law specifically states that the employer cannot fire you for the reason he did, it is not a wrongful termination.
 

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