wrongful termination claim

[gcl04743283]

What is the name of your state?What is the name of your state? New York


I believe I was wrongfully terminated and I’m trying to find out if have claims that are actionable, what the strongest ones are, where my best chance of success is (EEOC, state administrative agencies, state court…etc), and if I’d be precluded from filing a complaint in state court if I receive an unfavorable outcome in the federal or state administrative agencies.

Here are the details: I am a woman who reported a harassment claim to management two years ago, and subsequently to HR when management told me and the individual that I reported to “kiss and make up”. Management then tried to resolve this in front of a full staff meeting. I refused and ran out of the meeting and was later reprimanded for doing this. This resulted in other people not trusting me and intimidating other people into not talking to me (created a hostile environment).

I was also promised a promotion and raise about three years ago (this was the source of the harassment because a co-worker became jealous), but never received a raise that equaled the minimum salary for others in the same position (all others in the position are male). I also never received 15% differential pay on my check for working nights and was trying to resolve this for 4 years with HR up until the day I was suspended (the last time I went to HR about this, they figured out that they were DEDUCTING 15%, but I couldn’t follow up because they suspended me). They claimed that the reason for my termination was for password sharing, but I have proof that this is common practice in the department. Co-workers and managers all do this. Lastly, they fired a male employee about one hour before me on 3/31, but made his effective termination date April 1st giving him his health benefits for the month of April, but they ended my health benefits immediately.

Lastly, if the employer has a manual that calls for mediation of disputes, do terminated employees normally have to adhere to this (as opposed to people who quit on their own). I'm not sure becasue I can't get a copy of the manual.

 

[BelizeBreeze]

not one of your questions can be answered because you forgot to include one important fact. What was the incident that precipitated all of this between you and the other employee?

 

[cbg]

I am a woman who reported a harassment claim to management two years ago, and subsequently to HR when management told me and the individual that I reported to “kiss and make up”. On the basis of what you later say was the cause of the disagreement, not illegal.

I refused and ran out of the meeting and was later reprimanded for doing this I'd have reprimanded you too; that was not an appropriate response.

This resulted in other people not trusting me and intimidating other people into not talking to me (created a hostile environment). No, it didn't. A hostile work environment has a very specific meaning under the law and people not talking to you or trusting you doesn't even come close to meeting it. Unless you were being subjected to either sexual harassment or illegal discrimination under Title VII (race, religion, national origin etc.) you were NOT in a hostile work environment, no matter how uncomfortable it might have been.

I was also promised a promotion and raise about three years ago (this was the source of the harassment because a co-worker became jealous), but never received a raise that equaled the minimum salary for others in the same position (all others in the position are male). Only illegal if you have some kind of evidence to show that you were paid less BECAUSE you are female.

I also never received 15% differential pay on my check for working nights No law requires this.

They claimed that the reason for my termination was for password sharing, but I have proof that this is common practice in the department. Not illegal. MIGHT be usable as backup evidence IF it is established that you were discriminated against, as yet not proven.

Lastly, they fired a male employee about one hour before me on 3/31, but made his effective termination date April 1st giving him his health benefits for the month of April, but they ended my health benefits immediately. As above, only illegal if you have evidence that you were treated differently BECAUSE OF your gender.

Lastly, if the employer has a manual that calls for mediation of disputes, do terminated employees normally have to adhere to this (as opposed to people who quit on their own). Unless the manual specifically says otherwise, it doesn't matter whether you quit or are fired. Being fired does not give you any more or less rights than someone who quits.

BTW, in HR parlance, everyone who used to work for a company but doesn't any more is a terminated employee. If they quit it's a voluntary termination; if they were fired, laid off, etc., it's an involuntary termination.

 

[gcl04743283]

Talking about a harrassment claim in front of 50 employees IS an appropriate response? Wow.

 

[cbg]

Since from the information you provided the "harassment" did not qualify as illegal, the employer was free to handle it, or not handle it, any way they wish. While I'm not saying I would have told you to kiss and make up in front of 50 people, refusing to do so and running out of the room was NOT the proper way for you to make your point with your employer. They MAY have handled the matter insensitively - not possible to know for certain with the information you've provided. But it was NOT illegal, and running out of the room was a good way to earn a reprimand. I doubt you'd have liked it if they'd done the same to you.

 

[chasin_illusion]

Public Privacy exceptions are that the courts have identified various sources. Typically statutory, regulatory and constitutional law, which are to be recognized as repositories of public policy. If an employers action is seen as retaliation for taking advantage of, a right or carrying one out an obligation; that is set out in one of these sources, the action is prohibited under the public policy exception and the employee may be entitled to reinstatement, back pay, and other damage awards.
The fact that a state has not specifically prohibited retaliation for reasons of public policy should not be interpreted as permission to undertake retaliation action, but only as an indication that the state has not yet delineated.

Also, lets not forget additional protections may be available under the covenant of Good Faith and Fair Dealing, which is the basic standard of farness that is also implied by both written and oral.

I say go for it!