Wrongful termination and harrasment, do I have a case here?

[Frost78]

What is the name of your state (North Carolina)

I was terminated back in August this year due to false allegations. I applied for UI benefits and I was approved, my former employer then appealed and that went in my favor as well.

After I was terminated I told my former general manager to no longer contact me. I told him that my wife would be in that day to get my check and any other checks should just be mailed. He called the following Friday and said "your check is here", I told him, he was not supposed to call me and he then replied "you wanted to pick up your last check and I am not going to mail it, come get it or it will sit here". The reason he was doing this was to bait me as I was banned from coming back into the store for absolutely no reason.

My wife went to pick up the check and he told her it was a shame I didnt come pick it up because he wanted to throw me in jail for trespassing. She was polite and calm and just got the check.

So, the next week he called again and I told him the same thing and he replied the same way except this time he made sarcastic remarks to me about finding work. I told him again, do not call me. He said he had the right to do so, so I went to pick up my check with a friend and I texted him and asked if he would bring it out. He never responded so, I sent my friend in to get the check.

The following Friday another call, at this point I was so in awe and in shock that I just said ok, I will send someone to get it, he then made another remark like "oh this economy is so rough have you found a job yet"? and then he would laugh. My wife heard what he said and pleaded with me to call him back and tell him if he were to call again I would notify the authorities and I made the call to him and told him just that.

He mailed the last check but I did not recieve it until about three weeks later.

He made all calls to me from the company phone and I am wondering can I sue for the harrassment and if so do I have a case against the comapany. I have all calls logged via cell phone statements. This log was also sent to the Emploment security commission so the employer has the record of this as well.

I honestly feel, harrassed and I also feel I was terminated out of a conflict of interest. This has caused me so much stress and any and all advice will be much appreciated.

 

[commentator]

Based on your unemployment, he does not have any right whatsoever to call you. He cannot stop your claim or check on your claim, and has no right or privilege to contact you to ask if you are working. If he calls you and offers you your old job back, and tries to say you refused work, it is not considered a valid offer of work by the unemployment office. Therefore, do not take his calls any more. Stay away from that store.

He will probably try to call the state office and report you for unemployment fraud at least once. Be careful to follow all the rules. If reported, your claim will be looked at, but if there is no valid evidence of fraud, you'll never know it happened.

There is nothing in NC law about wrongful termination. Getting your unemployment insurance approved is as good as it gets, unless there is an EEOC issue. Since the harrassment has at this point pretty much stopped, and there were no physical or monetary damages other than the loss of your job, which is totally at the discretion of the employer, I suggest you simply terminate the conflict by refusing his calls and staying strictly away from him.

Sending the phone log showing this guy called you to the Employment Security commission accomplished nothing much that I can see. They're not going to prosecute or even reprimand someone in a company for being a jerk. You'd be better served by sending the phone log to the central office of this company you used to work for and reporting his misbehavior to them.

 

[fabulous07]

A friend of mine was fired from her job and began receiving unemployment. Her old boss kept trying to contact her by phone and certified mail (which she refused). Her old boss appealed the unemployment and won based on him trying to document trying to offer her a job back even though she never spoke to him. This was in NY.

Do not speak to the man and if he calls, call the cops for Harassment and even get a restraining order if you must. Good luck.

 

[commentator]

I really find that situation hard to accept. Since the person was fired, e.g. the relationship was severed, and the person's unemployment insurance is taxed against that employer, it would be very hard to say the job offer was a genuine good faith offer, especially after the employer had lost an appeal to deny benefits. But if there was no prior appeal...

If this person was merely laid off due to lack of work....there would certainly be a "refused recall' issue. If perhaps the person was given a lack of work lay off by the employer, who was really demanding that they just leave, and then was recalled (usually about the time they figured out that this lay off was going to cost them something) that would be a possible way it happened. Just saying I am having a hard time figuring it out, could be that it happened just this way, certainly.

If this jerk were to send a certified letter to this person, our NC OP I mean, making a job offer, he should report it to the unemployment office, but they will VERY likely make a decision that this is not a valid job offer. He should not take any more of this guy's calls.

 

[eerelations]

Uh-oh, commentator, now you're in fab's bad books. Expect a whole slew of posts denigrating your intellect, skills, and qualifications. Whatever happens, keep in mind that we're on your side.

Head up, shoulders back, be brave...and good luck to you!