Wrongful Termination

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

I was a hotel sales manager who was responsible for booking incoming business to increase/maintain revenue. On 10/30/08, I was given a written warning stating that I needed to increase my sales production. The written document stated that, on average, I should book (get signed contracts) at least $46,000.00 worth of revenue per month. It went on to say that my performance would be re-evaluated after six months. On 01/20/09, I was fired without warning for "lack of sales production".

This was not even three months after the company stated in writing that I had six months to improve. From the time that I received the written warning until the time I was fired, I had been meeting the company's self-imposed regulation requiring me to book at least $46,000.00 average monthly revenue.

The General Manager at the time had a confrontational management style and was trying to eliminate my salary to reduce expenses. Since my firing, that GM has also been fired by the corporate office due to complaints of improper conduct, cursing at employees in front of hotel guests, etc.

My question is this: Do I have grounds to file for wrongful termination? Also, does the GM's actions and firing strengthen my case?

The company is also trying to refuse me part of my earned benefits. They do not want to pay me the remaining 240 hours of vacation time that I had accumulated.

Do I have grounds to file for wrongful termination?

No, you do not. A wrongful termination means that you were fired in violation of a specific law that would otherwise have prevented the firing. It does not mean that they decided you were not making sufficient progress on the PIP and decided to cut their losses.

Also, does the GM's actions and firing strengthen my case?

The question is moot since you do not have a case in the first place.

The company is also trying to refuse me part of my earned benefits. They do not want to pay me the remaining 240 hours of vacation time that I had accumulated.

Texas law does not require that they pay you for unused vacation time unless there is a company policy, preferably in writing, that says they will and under what circumstances.

cbg said:

Do I have grounds to file for wrongful termination?

No, you do not. A wrongful termination means that you were fired in violation of a specific law that would otherwise have prevented the firing. It does not mean that they decided you were not making sufficient progress on the PIP and decided to cut their losses.

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Okay...I have read on numerous websites that a breach of an oral or written contract is also grounds for wrongful termination...as well as a company not following its own stated policy. If I was assured by the GM and the Corporate DOS that I would only be held to the written warning (and I had 6 months to improve,) doesn't this constitute a legal contract agreement between myself and the company? Isn't that their own written policy that they are not following?


"Executives or employees fired in violation of an oral or written contract."

http://www.kilgorelaw.com/PracticeAreas/Employment-Law.asp



"And it's illegal for an employer to terminate an employee:
-Without following its own stated procedure or policy"

http://research.lawyers.com/Texas/Employment-Law-in-Texas.html

Fine. I've been in HR for 30 years but you know better than I do. After all, you did a google search. I only work with it every day of my life. But you know the law better than I do.

Good luck proving that you've got a contract. And good luck with the "illegal for the company to ignore its own polices" - that one's been thrown out on plenty of occasions. But you're the expert. Sue away.

cbg said:

Fine. I've been in HR for 30 years but you know better than I do. After all, you did a google search. I only work with it every day of my life. But you know the law better than I do.

Good luck proving that you've got a contract. And good luck with the "illegal for the company to ignore its own polices" - that one's been thrown out on plenty of occasions. But you're the expert. Sue away.

Click to expand...

Umm, bitter much? Good Lord, no need to bite off my head. Excuse me for not automatically accepting your answer as the only option in the world. You don't have to put words in my mouth. I'm no expert; I'm simply trying to find out more information.

As far as proving I have a contract...would having an original copy of the written policy that was signed by me and my superiors qualify as proof?

An employee handbook is not a contract. A performance improvement plan is not a contract. They are allowed to fire you to save the expense of your salary even if your performance was never in question.

And I'd put money on your PIP specifying 'if you do not improve, you may be fired' and NOT 'if you DO improve, you will NOT be fired, even for a totally unrelated reason'.

Apply for unemployment. You will most likely qualify. But you are an at-will employee and you can be fired for any reason or no reason, and they can tell you that you are being fired for poor performance even if they are actually firing you for financial reasons.