Wrongful Termination?

[juanitalofton]

new hampshire;one month ago my employer decided to replace me with no notice, i was given the option of another position or 2 weeks severance.i took the next day off to consider my options,when the canidate did not meet his criteria he had my direct manager contact me and ask me to return to my position.i said i would return if only i was promised a position at same rate of pay if he decided to replace me again.that promise was made to me.a week later he let me know he was going to replace me again and gave me the option of the other position, i accepted.the following monday he changed his mind again and kept me in my current position.two weeks later(may 7th 2001)he had my direct manager fire me and offer 1 week severance pay.i did my required job responsibilities,showed up to work and even stayed late on occasion.does he have a right to do this after he made this verbal agreement?

 

[carebearsmom]

I am an HR Coordinator in the state of VA which is an "At Will" employer, which means that if we don't like the color socks you are wearing, we can legally let you go. In the same respect, you can leave at any time as well. Now, there are some circumstances that if youa re let go that you can still file unemployment - like the sock thing! But, some that you cannot, like if the comapny has written documentation of attendance prblems, performance issues, falsification of application, etc. Where you given a termination slip? If so, what was your reason for termination? If not, you can go to your unemployment commission adn have them obtain that information for you. Did you ever receive any disciplinary action? Were you qualified for the position that you were in? SOmetimes, a position will change duties and therefore requirements, like the need of a degree, etc. LIke I said, I can only speak for VA and our company policy, but it sounds pretty fishy to me. I would get a term slip and check your reason for termination and go from there. Also, are you a minority? Was the person who took your place a minority?

 

[juanitalofton]

This company does not practice documentation, not that I've seen. There is no set attendance policy, no time clocks,my application is accurate. As far as performance issues, I applied for "Customer Service- Telemarketer" for this company. When I showed up for my first day, in fact it was a lot more than that. I performed the following duties; customer service, telemarketing, marketing, A/P, A/R,and sales. This company is very well known in this area for its bad work enviroment and policies. Of course I did not know this before I applied. No I was not given a termination slip, no displinary actions were taken at all. I have worked in companies where there were certain rules such as verbal warning to 1st written etc. No such policies exist within this company. Yes I was qualified for this position. I have proof of my sales and renewal rates. I was employed since the day after Christmas and brought in approximately $10,000 in new business and worked with current subscribers to keep them bringing in over $100,000 in renewals. As far as duties changing that was an everyday occurence with this employer. The saying around the building is "When Mr.----- no longer has a need for you he will drop you like a hot rock." I think I have a case because of the verbal agreement he had my direct manager make with me if I returned the first time he did this to me.

I am an HR Coordinator in the state of VA which is an "At Will" employer, which means that if we don't like the color socks you are wearing, we can legally let you go. In the same respect, you can leave at any time as well. Now, there are some circumstances that if youa re let go that you can still file unemployment - like the sock thing! But, some that you cannot, like if the comapny has written documentation of attendance prblems, performance issues, falsification of application, etc. Where you given a termination slip? If so, what was your reason for termination? If not, you can go to your unemployment commission adn have them obtain that information for you. Did you ever receive any disciplinary action? Were you qualified for the position that you were in? SOmetimes, a position will change duties and therefore requirements, like the need of a degree, etc. LIke I said, I can only speak for VA and our company policy, but it sounds pretty fishy to me. I would get a term slip and check your reason for termination and go from there. Also, are you a minority? Was the person who took your place a minority?

 

[juanitalofton]

By the way I am a minority of Hispanic background and of course a woman.

 

[carebearsmom]

Sounds like you have your bases covered! I would suggest filing for unemployment - with no documentation as to hwy they let you go - it will be a breeze. Also, I would contact your state Labor Baord and discussthe situation with them!

 

[carebearsmom]

With your ethnic background and sex, you DEFINATLY have a case! Good luck!!!

 

[juanitalofton]

Thank you so much for replying to my post. It certainly made my morning. I knew I had not done anything wrong. I will certainly follow your advice.

 

[carebearsmom]

Nope, you did nothing wrong! Unfortunately you just worked for maybe not the best company and had a crappy businessman for a boss!!! Good luck!

 

[juanitalofton]

carebearsmom- I contacted the New Hampshire Labor Board and unfortunately the gentleman obviously did not want to be bothered since he spent a total of maybe 45 seconds on the phone with me, even putting me on hold. He stated that we are a at will state and an employer does not have to have a reason. Unless he specifically stated something about my gender,sex,age etc. He did not even allow me to finish my story. Not to worry there must be a back door somewhere.