Reason for termination wrong...

What is the name of your state?What is the name of your state? OHIO

Hello,

I have a question if I should pursue a wrongful termination case.

Details: My fiance was terminated from a small company (less than 20 people) along with 3 other people. The reason she was laid off was becasue her job position was being eliminated (marketing). However, her job was not eliminated because one of her co-workers that was not laid off is training a new person on the exact same responsibilities.

Rumor: The boss said in the very begining to the co-worker that "She may not work out because she is too tall". The layoff occured because the company is losing money. The new person is blonde and flirts a great more than my fiance. Of the other 2 people laid-off, one was a middle aged woman as a receptionist. Comments made to my finance from the boss include "I need someone better looking up front at the desk". Many times the boss has made comments to the co-worker like "You are so sexy" and "Your outfit is definately the sexiest in the office" (or to that affect).

Thoughts: I dont know if we have a wrongful termination case because we think she was terminated because she was not pretty enough or too tall - not because the company need to layoff people.

Thanks - I am cornfused and do not know if I should contract a lawyer.

Any thoughts or ideas will be greatly appreciated

Solas

I dont know if we have a wrongful termination case because we think she was terminated because she was not pretty enough or too tall - not because the company need to layoff people. Solas, "we" don't have anything. You have no legal standing in your fiance's or wife's employment relationship. I don't see that your fiance doesn't have a claim either. She was not terminated for a prohibited reason. If the company is losing money, then the boss has a valid reason to lay people off as long as those laid off weren't specifically selected for a prohibited reason (age, race, religion, gender, etc.)

Hiring a young flirty blond to pick up some of the slack after the layoff isn't illegal - sounds like she's cheap in more ways than one.

Thanks for the info. I say "we" because I post on behalf of her.

Anyway, the new person is not picking up slack - it was a replacement. So I guess the fact that they lied about why she was laid off accounts for nothing. The new girls started the next day and mgmt had interviewed her previously. They stated the position was being elimanated while it was actually just a firing.

If they said "You are not working out" I know there would be no case but they intentionally lied about the reason.

Thanks

Solas

Lying to an employee about the reason for his or her termination is not illegal. If I want to fire Jane simply because she annoys me, I'm free to tell her it's a layoff/job elimination if I wish to.

Thank You very much!!!!!!

Solas