Terminated

What is the name of your state? PA

Hello, I received my termination notice today. I was terminated for Inappropriate Behavior. (Basically pressed the wrong buttons with the wrong people) I work for a large corporation based in Ohio. I was given a retention last year which I singed a document to return it should I be terminated or leave early. They had asked me to repay the amount I was given. The company has gone through recent downsizing in which they let a number of people 5 days ago (And several times before this). These folks were given a severance as dictated in the merger agreement. As I was fired I did not get a severance and actually have to pay them money. I was never given a written notice or verbal notice stating my job is on the line. I have recently polled a few people in the office to see if they would entertain the idea of the union. I also displayed a newspaper article, which was related to companies being sued by exempt employees for working excessive hours. (I was told to remove this article 3 days prior to my termination.) The reason being is I work for a company that was ranked last in ethical business operation for its classification. The company I previously worked for was bought by this new company and we have seen a number of policies which have been very questionable. E.g. They have 2 overtime policies for the same department. We are all exempt employees and perform the same job.

I state my opinion when policies, procedures are questionable and believe this led to my termination. Am I not permitted to have an opinion? After all this is America, the greatest country on the face of the earth.

What would you recommend I do, knowing that all the press for large corporations have been negative?

Thanks

My response:

Thank you for your lengthy background post, but what do you want to do about what?

Your question is vague and ambiguous. You have stated many concerns, and actions, but I can't tell what it is you want to do, or what "wrongs" you think have occurred to you, or what type of legal redress you're hoping for.

Please be more specific.

IAAL

Thanks for the quick repsonse.

Do I have a case to collect (at least) the severance package, vacation pay, and whatever they may be withholding to apply to the retention amount I was given??

A number of employees stated they would take the stand on my behalf should it be needed.

nativeone said:

Thanks for the quick repsonse.

Do I have a case to collect (at least) the severance package, vacation pay, and whatever they may be withholding to apply to the retention amount I was given??

A number of employees stated they would take the stand on my behalf should it be needed.

Click to expand...

My response:

You have no legal right to a severance package. Such a package is tantamount to a gift from an employer, and an employee has no vested rights to a "gift."

You have a right to your earned, but unused, vacation benefits. Talk to your Wage and Hour Division in your state about your rights, and potential actions to be taken. You're going to need to speak to an employment attorney about your "retention" because you haven't stated the "facts" or the contract provisions of that "retention" agreement.

IAAL

Your only recourse is in regard to the unionization. If you believe and can prove that you were fired for attempting to unionize, then you have an issue worthy of an attorney.

Otherwise not following policies and procedures is rarely cause for legal action and your fellow employees standing up for you, while telling, does not effect legality. Best of luck!

Hello thanks for the repsonse, I do need to mention that I was not fired for not following policies and procedures. I beleive I was fired as I stated my opion about questionable decisons or procedures that were being made by managment. As an American, no as a human, I have this right.

You do have the right. What you must accept, however, that the company has the right to then terminate your employment as PA is an at-will state. They can terminate you at any time for any reason unless stipulated by law. Speaking your mind is not a protected action.

I agree. You do have the right to voice your opinion in whatever manner you wish. If you do so at work and your employer objects to your behavior, they have the right to right to show you the door - a right they opted to exercise. The workplace is not a democracy in case you haven't figured that out yet. The rights that apply to you as a citizen in relation to the government do not apply to you as an employee.

If your employer can point to specific instances of you violating policies and procedures which have been appropriately enforced with other employees, then your pro-union activities becomes irrelevant.

As far as your "retention" goes (whatever that was - a bonus?), you'll have to discuss that with a lawyer. You haven't provided any information on what that's all about so it's not possible to comment on whether the employer can lawfully demand repayment.

Regarding vacation pay, if the employer has a policy or past practice of paying vacation pay to separating employees, PA reg's require the employer to follow their policy.

I read the statement in reply to the severance question. I am confused about that. Here is a quote from a book I am reading on how employers can avoid being sued. Here is the quote from the book. (this book was written by an attorney) however it again is only advice. If this was not appropriate for me to post I apologize in advance.....


You are required to provide former employees with severance in only a limited number of circumstances - those in which a worker had good reason to believe he or she was entitled to it as evidenced by:
1) a written contract stating the severance will be paid
2) a promise that employees would receive severance pay as documented in an employee handbook
3) a history of the company paying severance to other employees in the same position, or
4) an oral promise that you would pay severance

JBE, all that author is saying is that if the company has provided any guarantees that severance would be paid or there is a practice of providing severance to similarly situated employees upon termination, the employer would be wise to fulfill their contractual guarantees and/or be consistent.

There is absolutely no legal requirement for an employer to have a severance policy/practice or include it in employment contracts however.