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Wrongful Termination?

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frustrated1

Guest
Texas

I was let go a few weeks ago and told it was a cost cutting thing and that my position was eliminated since it was the easiest to absorb.

Since then I have found that someone else is sitting doing exlusively what I was doing. I also received some other conflicting information. My first line manager said he didn't find out about the cutback till the Friday before. My second line manager said my first line manager was heavily consulted.

This was said to be for cutting internal costs but I was 100% billable.

I contacted HR and they said the mgr's WERE NOT supposed to look at billable positions. Also, they dug deeper to find out what the real reason was.

HR says the manager claims it was for performance reasons. This is also a lie and is documented and can be proven. My boss violated company policy regarding the performance rankings, not once, but twice! This is also documented and can be proven.

HR advised me to use the Open Door policy since our HR is an advisory board and has no teeth.

All this happened a few weeks after coming off STD for my 2nd surgery at this company for Inflamatory Bowel Disease (covered by ADA). I am waiting now for explanation #3. Do I have a case?
 


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loku

Guest
I would say you have a chance. This sounds like discrimination because of a disability. There is a lot of circumstantial evidence of such discrimination if you can prove: (1) that your old job still exists; (2) that your boss violated company policy regarding the performance rankings; and (3) that the manager claims that you were fired for performance reasons but that that is a lie. I think it would be well worth your while to discuss this with an employment law lawyer in your state.
 
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frustrated1

Guest
Thanks for the opinion. I can definitely prove all three points. My manager has shot himself in the foot on this one (with a 12 gauge).

If you care to answer this, how often do these issues go to court and how often do they get settled out of court? 50/50 - 70/30 - other?
 
L

loku

Guest
I would like to clarify one thing about this. Since you said your malady qualified under the ADA, I assume it is. But be sure it is before you start anything here. Your rights depend on that.


I can't give you the odds on an out of court settlement, but I can say that by far the majority of cases settle out of court.
 

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