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Wrongful termination in TX

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Migraine100

Junior Member
Hi,

I am new to this Forum and am hoping someone can help me figure out my options.

I was working for a construction company up until Thursday when I was suddenly fired for poor performance and told I would not be getting my yearly bonus as a consequence.

I had been at this job for a year and 2 months, and had had my yearly evaluation last June, which went fine. Then three months go by (July, Aug., Sept.), I go on vacation in early September, come back after 14 days, work for 2 weeks and they hit me with this news.

Now here's the kicker: I asked for a copy of my evaluation to argue the reason for my being fired which they run around trying to find only to give me an UNSIGNED copy of an evaluation completely denigrating me and my work. I explain that this is certainly nothing I would have signed and isn't the result of the evaluation my boss had conducted with me back in June. I ask for the original I had signed in front of my boss but alas, he himself had suddenly been struck with amnesia and had no clue what I was talking about.

Later that same day at home I find out the following from my coworkers who are appalled by the whole thing and willing to help (I'm just glad there are still good people out there nowadays): my boss did have my performance review changed recently by his secretary (I have unsigned copies of both); During my last week of vacation, someone came to interview for my position but was introduced under a false title to everyone, and it was later discovered she was a friend of my boss' wife; upon my telling our CFO (this is who fired me although I did not work for him, his department or anyone in his department) I would fight the wrongful dismissal, my boss conceded later to giving me my bonus which is on its way.

If my performance was poor, why am I getting my bonus after all? And who in their right mind keeps a useless employee after more than a year but mostly 3 months after their "poor" review, pays for them to go on a vacation and gives them their yearly bonus before getting rid of them?

As previously mentioned, I worked for a construction company. Let's just say women aren't highly regarded there which is an entirely other issue. I have more than enough ammo in this regard (discrimination) and sufficient proof that my work was done and done well.

What are my options? Please keep in mind this is a company without an HR department in the US (they are foreign and their HR dept. overseas barely speaks English nor do they care for us or manage us). They also have quite a reputation as an employer, which I am hoping will work in my favor.

I am at a loss and could not have lost this job at a worst time, as is the case for everyone else out there, sadly. This is wrong on so many levels. I set aside my family for this company and put in the extra hours without overpay or comp time (they have us all as salaried exempt employees to justify our working weekends and overnights without having to pay extra for it).

Thanks for taking the time. I just can't believe this would be legal. What is wrong with people?
 
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eerelations

Senior Member
You may be able to claim OT pay. What exactly did you do for this company? Not your job title, but a brief bullet point (five max) list of your job duties. Your response may help us decide what you're entitled to.
 

cbg

I'm a Northern Girl
A wrongful termination does not mean that you were fired for something you didn't do, or that the reason you were given was incorrect.

A wrongful termination means that there is a specific law which prohibits the employer from terming you for the reason he did.

What law do you think was violated?
 

Migraine100

Junior Member
Hi and thank you for your responses.

I understand I may be terminated at will. My question pertained to the reason I was given for terminating me. They cite my performance as being the issue however my original evaluation as well as my work contradict that claim.

They also want me to sign a release form in exchange for the bonus they now want to give me. This is the bonus I was not granted as of last Thursday because of my said-poor performance in the past year, which is, again, the reason for my termination. I don't have the specifics of the letter they want me to sign yet but one can easily imagine its content if they now have changed their mind about the bonus I once had not earned according to them.

Thanks again for your feedback on this.
 

ecmst12

Senior Member
If they are willing to pay you the money if you sign the waiver, then it's *probably* a good idea to sign it. Depending what it says of course. You can't give up your right to file for unemployment and it doesn't seem that you have a case for any type of lawsuit.
 

Migraine100

Junior Member
Thank you!

I am assuming the release agreement they want me to sign will say something along the lines that in exchange for my bonus, I will not sue them for anything.

The problem is, my bonus is not discretionary, it is contractual. What would you recommend if they try to short-change me?

I am not looking at suing to make big, I just want what I have earned and for them to own up to their part of my contract.

I really appreciate your help trying to figure out this mess.
 

Zigner

Senior Member, Non-Attorney
Thank you!

I am assuming the release agreement they want me to sign will say something along the lines that in exchange for my bonus, I will not sue them for anything.

The problem is, my bonus is not discretionary, it is contractual. What would you recommend if they try to short-change me?

I am not looking at suing to make big, I just want what I have earned and for them to own up to their part of my contract.

I really appreciate your help trying to figure out this mess.
You would need to have said contract reviewed by a local attorney. None of us have had the opportunity to review it.

If they DO shortchange you, your option will be to sue for the dollar value of your bonus. As such, you won't gain anything by not signing, right?

Again, run it all by a local attorney (including the document they want you to sign)
 

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