Wrongful termination and beyond, subcontracting

[jtmd]

What is the name of your state? Texas, but the project is in California.

I was hired as an independent subcontractor to a systems integration company managing a project at a large pharma company in California. After 4 months of stellar performance, I was let go.

The reason given to me was that I was not meeting my deliverables. This was incorrect and can be proven otherwise. Truth is that the new team lead at the pharmaceutical client company did not care for me. She went to the steering committee and to the project management company (that I was subcontracting through) and gave false reasons for my termination. While I realize that this is not considered wrongful termination of the definition of the law, as an independent contractor my good name and reputation that I have built doing this type of work over the past 11 years has been tarnished. There are approximately 120 people on the project that this message was delivered to... the people that know me know the truth and would back me up in court, but there are many people that were not on my team and really do not know the real story. Is there any recourse for this slander that will very likely cost me future opportunities at other projects?

If I went on television and told the viewing public not to buy a Ford car because they are unsafe, gave specific reasons that could be proven otherwise, couldn't I be sued by Ford Motor Corp?

Any help would be greatly appreciated.

 

[BelizeBreeze]

You have been a consultant for how many years? And you still haven't figured out that you can be let go for any unprotected reason, even if someone doesn't like the way you comb your hair?

Sure, go to the media. And then, once the newsflash airs, you can answer the knock on your door from the process server with a civil suit naming you as defendent.

 

[jtmd]

My point exactly

BelizeBreeze,

Thanks for the response. Yes, I have been a consultant for 11 years, and understand that in "at will" states, you can be terminated for any reason, even it if is inaccurate. The way your hair is combed, or personality conflicts can be somewhat subjective. Meeting deliverables is not.

Your response to my parallel about going to the media is exactly my point. If I can be sued in a civil case over misleading the public about the safety of a vehicle, for example, can't I sue the person (or the company that hired her) that lied about my work output? Like I said, I realize it's not "wrongful termination", but I could lose business as well because of what transpired.


CoolCostaRica

 

[BelizeBreeze]

BelizeBreeze,

Thanks for the response. Yes, I have been a consultant for 11 years, and understand that in "at will" states, you can be terminated for any reason, even it if is inaccurate. The way your hair is combed, or personality conflicts can be somewhat subjective. Meeting deliverables is not.

Your response to my parallel about going to the media is exactly my point. If I can be sued in a civil case over misleading the public about the safety of a vehicle, for example, can't I sue the person (or the company that hired her) that lied about my work output? Like I said, I realize it's not "wrongful termination", but I could lose business as well because of what transpired.


CoolCostaRica

The answer to that question is the same as the answer to this one:

Can I sue my ex wife for calling me an ******* and saying the minutemen gave her more satisfaction in bed than I did?

 

[Venus05]

So That's What Happened

The answer to that question is the same as the answer to this one:

Can I sue my ex wife for calling me an ******* and saying the minutemen gave her more satisfaction in bed than I did?

I knew it!

 

[jtmd]

I'm not sure it's the same situation. I'm pretty sure she can prove what she said.

 

[BelizeBreeze]

I'm not sure it's the same situation. I'm pretty sure she can prove what she said.

And you have missed the point completely.

Proof, in your and my stated situations has nothing to do with the burden in a libel/slander action. In BOTH cases, the stated case rests on OPINION, a subjective determination of ones own perception.

it is neither right nor wrong. And opinion in and of itself is not slanderous nor libelous. Also, the problem of your situation (and that which I posted) is that once the court determines the validity of the opinion (that it IS opinion and therefore subject to a different legal measurement) the burden of proof shifts to you to prove intent to cause harm in such a way as to prove the plaintif knew it would result in harm.

Get it now?

 

[jtmd]

Not sure I missed the point completely. I was responding with a sarcastic remark... pretty much like most of your replies. It was a meager attempt at a joke.

However, I think you missed the situation completely. What your wife said is definitely an opinion, and nobody can dispute that. My deliverables were based on specific actions to be completed in the system that I was working on, which has an audit trail of what took place, when, and why. There is no disputing the system. In fact, its audit trail is approved by the FDA as a "validated system"... a system that meets regulatory requirements for the Pharma industry. What she documented as "behind" was completed well before the documented due date. How is that the same as the situation you described? It's clearly not.

However, I was able to gleam an ounce of law from your last statement about the burden of proof. I'm pretty sure that she knew that her actions would cause dismissal... not sure she considered the downstream ramifications. Irregardless, her actions were reckless and caused loss of business.

Thanks for your opinion.

 

[BelizeBreeze]

Listen, you want to be a smartass then that's your choice.

But don't make the mistake of thinking I don't know what deliverables are in the IT industry, or what a Scope document entails, what a requirements Doc or rollout script requires or that a design document requires revision and budgeting, all of which are fluid and in no way pass the legal test of an indisputable contract.

Now, let someone else help you understand the process. I'm done with you.

 

[jtmd]

You sure do blow quite a bit of hot air. Aren't there any other "attorneys" on this board?!