Wrongfully fired!

[toodlesmcgee]

What is the name of your state (only U.S. law)? MT

I was recently fired from my job and the reason they gave me was the bad economy could not support my position and it was phased out. But I just learned from a friend who still works there that my boss immediately put his son in my old position. His son did not work for the company before I was fired.

How much would it cost to sue? What kind of judgment can I expect if I win?

 

[pattytx]

You wouldn't win, so forget it. It was not illegal to fire you and hire a relative. Google "wrongful termination". This isn't even close.

 

[Antigone*]

What is the name of your state (only U.S. law)? MT

I was recently fired from my job and the reason they gave me was the bad economy could not support my position and it was phased out. But I just learned from a friend who still works there that my boss immediately put his son in my old position. His son did not work for the company before I was fired.

How much would it cost to sue? What kind of judgment can I expect if I win?

You did not hit the law-suit lotto. Nothing illegal occurred.

 

[xylene]

The white lie you were told does not equal wrongful termination

Nepotism is general legal.

Also, as a moral point, there may be more truth in the situation (the bad economy let to your dismissal) than you are privy to.

 

[cbg]

What makes you think this was a wrongful termination? What law do you think the employer violated?

You would not win. It would be a waste of money to try.

 

[toodlesmcgee]

Surprised

I'm really surprised by these responses. From my understanding what happened is illegal. What does this law mean if it doesn't help me? I'm no lawyer, but I can read and understand simple text:

39-2-904. Elements of wrongful discharge -- presumptive probationary period. (1) A discharge is wrongful only if:
(a) it was in retaliation for the employee's refusal to violate public policy or for reporting a violation of public policy;
(b) the discharge was not for good cause and the employee had completed the employer's probationary period of employment; or
(c) the employer violated the express provisions of its own written personnel policy.

Can someone please explain why part (b) doesn't apply to my situation? I was not fired for good cause, I was fired so my boss could put his son in my position.

 

[cbg]

I missed that you were in Montana. The laws are slightly different there.

If you feel that the law was violated, by all means take it up with a Montana attorney.

 

[Antigone*]

Yikes ~ I missed that too. My apologies for that misstatement.

 

[toodlesmcgee]

Okay, thanks for the update. But let's get back to my original questions. I just want to know if it's even worth it to talk to a lawyer. About how much would it cost me to sue, and what kind of judgment can I expect? Would I get money, or get my old job back, or something else? Would it cost me between 2 and 3 thousand to sue, or between 20 and 30 thousand? I called three lawyers last week, and none of them offered free consultations. So I don't want to pay $300 just to find out that it'll cost me $25 thousand to sue and I probably won't get more than that in a judgment.

 

[justalayman]

I was cruising the statutes and I thought I read you could sue for up to 4 years of income.

Were you at the Montana site for code for the citation you provided? If not, go there and research the germane laws.

39-2-905. Remedies. (1) If an employer has committed a wrongful discharge, the employee may be awarded lost wages and fringe benefits for a period not to exceed 4 years from the date of discharge, together with interest on the lost wages and fringe benefits. Interim earnings, including amounts the employee could have earned with reasonable diligence, must be deducted from the amount awarded for lost wages. Before interim earnings are deducted from lost wages, there must be deducted from the interim earnings any reasonable amounts expended by the employee in searching for, obtaining, or relocating to new employment.
(2) The employee may recover punitive damages otherwise allowed by law if it is established by clear and convincing evidence that the employer engaged in actual fraud or actual malice in the discharge of the employee in violation of 39-2-904(1)(a).
(3) There is no right under any legal theory to damages for wrongful discharge under this part for pain and suffering, emotional distress, compensatory damages, punitive damages, or any other form of damages, except as provided for in subsections (1) and (2).

http://data.opi.mt.gov/bills/mca_toc/39_2_9.htm

 

[BOR]

I'm really surprised by these responses. From my understanding what happened is illegal. What does this law mean if it doesn't help me? I'm no lawyer, but I can read and understand simple text:

39-2-904. Elements of wrongful discharge -- presumptive probationary period. (1) A discharge is wrongful only if:
(a) it was in retaliation for the employee's refusal to violate public policy or for reporting a violation of public policy;
(b) the discharge was not for good cause and the employee had completed the employer's probationary period of employment; or
(c) the employer violated the express provisions of its own written personnel policy.

Can someone please explain why part (b) doesn't apply to my situation? I was not fired for good cause, I was fired so my boss could put his son in my position.

So, you are saying in accordance with (b), you had finished your probationary period, correct?

 

[xylene]

I was recently fired from my job and the reason they gave me was the bad economy could not support my position and it was phased out. But I just learned from a friend who still works there that my boss immediately put his son in my old position. His son did not work for the company before I was fired.

I can stick to a position that nepotism is not illegal, even in Montana

Just because you were replaced by the bosses son, does not mean you were wrongfully terminated- at leas that you can prove.

The employer will articulate the economy related cause as justifying your dismissal.

Let's put it this way, would you have been able to prove that you were wrongfully terminated if someone had not been hired?

 

[ElvinMelvin]

Just one other thing--do you know if your former employer's son is working for less money/benefits?

If so, then the economic necessity reason may be valid.

 

[cbg]

I haven't dealt with this issue in Montana so I can't give you any idea what the associated costs would be or what kind of judgement you can expect, if any. As indicated, there are different ways this could go.

You might want to call around and see if you can find an attorney who will give you a free or low cost consultation. Check with your State Bar Association, your local Legal Aide society, or any law schools in your area for referrals.

 

[commentator]

Even in Montana, where there is actually a wrongful termination statute, you also need to file for, and will likely be approved to receive unemployment compenstation. This is in most states as good as it gets, if you are terminated unjustly, you can get unemployment while you are looking for another job.

As for the other, this will be a long drawn out process. In the meantime, file for unemployment, start looking for another job. Good luck on the lawsuit regarding the unfairness of their firing you in the first place. In all the other states in the U.S., you would be out of luck, but here, who knows?