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Wrongful discharge

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wolfeman5

Guest
What is the name of your state? Michigan
I worked for a company for 17 years. Over that time I worked my way up from the factory floor to the design area. I worked in the design area for 5 years. I always received excellent reviews.
The company is automotive related and they were going through some tough times. The man who had been my boss was fired after 18 years on the job. When that happened I begfan to worry about my own job. A former coworker e-mailed me that they might have a opening at her new employer that I would be suited for and wanted to know if I might be interested. I e-mailed her back that I might and attached a copy of me resume. We had corespondence a couple of times through e-mail but nothing ever came of it. No interview, nothing.
On a monday morning I was called into a conference room and told that my company had intercepted those e-mail's and that I was being teminated. I asked to see a copy of the e-mail's and a copy of the internet policy but was told no. I had to wait 2 weeks to recieve money owed me for hours worked and unused vacation.
Do I have a valid case against this employer?
 


Beth3

Senior Member
No. If they wish to terminate you for misuse of company e-mail or communication systems or using work time to pursue other employment opportunities, they can do that. An employer has every right to monitor e-communications and intercept them if they wish. You have no expectation of privacy when using your employer's systems. Nor do they have to provide you with proof of your misconduct or give you copies of the e-mails.

I can't tell whether your employer is in violation of MI reg's for final pay or not. Michigan requires final pay for a terminated employee must be paid at once or as soon as the amount can be determined - whichever is first. Final pay must also include vacation pay.

Two weeks is not a very lengthy time to have to wait. If you don't receive your final wages and vacation pay by that time though, I suggest you contact MI's DOL.
 

cbg

I'm a Northern Girl
The only thing that comes even remotely close to giving you a case is taking two weeks to get you your final pay and vacation, and even that is a very weak case. Michigan gives the employer "sufficent time" to figure the final pay, with no set number of days being legal/illegal. The general standard is the next regular payday; since many companies pay every two weeks and since you did receive it, it's doubtful that the DOL would consider this worth fining the employer.

You admit to sending the e-mails; I am assuming you sent them from work (if this is not the case, please say so). The e-mail system and everything that transpires through it is the property of the company; there doesn't have to be a written Internet policy for this to be true. They are entitled to see all e-mails that are transmitted on their system. You have no expectation of privacy in the workplace. It isn't clear whether or not you were fired for violating an Internet policy or for looking for another job on their time, but it doesn't matter; either is legitimate grounds.

In any case, Michigan is an at will state and therefore you can quit or they can fire you for any reason that does not violate public policy or Title VII laws. Nothing in your post suggests that this is the case.
 

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