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Position Eliminated After Filing Complaints

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Mcam1980

Junior Member
CALIFORNIA

I was terminated yesterday and given the reason of position elimination.

Not So Brief Summary;

My previous supervisor attempted to have me fired due to an alleged time card violation a year and a half ago. I refuted and provided HR many documented instances of management violations including time card manipulation and fake reimbursement receipts. That saved my job. Two months later that supervisor was terminated.

The new director was incensed when they didn't fire me. He began to retaliate against me by stripping my job duties to mundane tasks. He treated me very unfairly. I took a week stress leave, when I came back it was worse but I was not about to give up.

I loved my job and had been doing it very well for 10 years. I also knew that my previous years review had a promise of a promotion in writing.

Ultimately (a year ago Sept)I filed a "formal" complaint of non sexual harassment and retaliation against this director with our HR department. I was promised assistance by them to have me transferred to a different department because I was valued and it was obvious that he was not going to ease up (her words). They did not help, and my name was crap to every department manager and director all of a sudden.

As for the complaint, it was never investigated and when I requested status, I was given private meetings where I was assured that it would be, but they did not reply to my emails.

When my performance evaluation was upcoming, I requested copies of all documentation in my file with my signature on it (per employee handbook). I received all of my previous stellar reviews, EXCEPT the one from last year. I followed up for four months and only received the statement from them that "it is in storage and they're looking for it, just be patient". When my evaluation was performed 2 months ago, I had somehow become less than acceptable at all of my tasks scoring a 33% as opposed to my normal 90%. I was heart broken, but again was not going to give him the satisfaction of forcing me out. I followed up on my complaint again and again, the copy of my evaluation again, and again to no avail.

When HR terminated me yesterday, I was given an option to sign a document relieving them of any wrong doing and agreeing never to sue the company. In return they would give me a pittance of 2 months wages. Now, I have worked there for a long time, and this company never offers severance to hourly employees which I was.
I know they are trying to buy me off, but what should I do? It's only a couple of thousand after taxes and that will not replace what was promised and then taken from me.
I have complete documentation of all events, emails written notices, chat messages etc. Believe it or not, this was the advice given to me by counsel at the company. (I hope he doesn't read this forum!)

Please help.
 


Zigner

Senior Member, Non-Attorney
I don't see what you hope to accomplish. You don't appear to have any sort of case for wrongful termination. What do you think you can sue for?

What is your legal question?
 

Mcam1980

Junior Member
I don't see what you hope to accomplish. You don't appear to have any sort of case for wrongful termination. What do you think you can sue for?

What is your legal question?
There is a documented history of retaliation against me due to my internal whistle blowing. How can this be a "clean" termination? Why are they offering severance to an hourly employee with stipulations of no wrong doing?
Sorry I'm not a lawyer so please excuse me if I'm just not in the know. Thanks for replying.
 

Proserpina

Senior Member
There is a documented history of retaliation against me due to my internal whistle blowing. How can this be a "clean" termination? Why are they offering severance to an hourly employee with stipulations of no wrong doing?
Sorry I'm not a lawyer so please excuse me if I'm just not in the know. Thanks for replying.

Virtually every termination is legal unless it involves you being terminated just because you're part of a Title VII protected class (and we're all at least one of those).

There is a space for whistleblowers but from memory it involves reporting illegalities to an outside agency.

The others will clear it up, I'm sure.

Oh one other thing. Offering severance is by no means an indication of anything at all. It may even be "oh shut up, and go away" money.
 

Zigner

Senior Member, Non-Attorney
There is a documented history of retaliation against me due to my internal whistle blowing. How can this be a "clean" termination? Why are they offering severance to an hourly employee with stipulations of no wrong doing?
Sorry I'm not a lawyer so please excuse me if I'm just not in the know. Thanks for replying.
What you did is not whistleblowing.
 

Zigner

Senior Member, Non-Attorney
Virtually every termination is legal unless it involves you being terminated just because you're part of a Title VII protected class (and we're all at least one of those).

There is a space for whistleblowers but from memory it involves reporting illegalities to an outside agency.

The others will clear it up, I'm sure.

Oh one other thing. Offering severance is by no means an indication of anything at all. It may even be "oh shut up, and go away" money.
In CA, it could also mean reporting illegal acts to a supervisor or a person with authority to investigate. I'm just not seeing an illegal act here in the first place.
 

Mcam1980

Junior Member
In CA, it could also mean reporting illegal acts to a supervisor or a person with authority to investigate. I'm just not seeing an illegal act here in the first place.
I suppose my fall back is unemployment and their severance. What happens if the deny my unemployment and say that the position eliminated was decided by performance?
He gave me a false evaluation based on his personal dislike even his documented reasons were dis proven. If it was true that I went from an A+ employee to and F, they would have fired me long ago.
 

LdiJ

Senior Member
I suppose my fall back is unemployment and their severance. What happens if the deny my unemployment and say that the position eliminated was decided by performance?
He gave me a false evaluation based on his personal dislike even his documented reasons were dis proven. If it was true that I went from an A+ employee to and F, they would have fired me long ago.
That is a decision that you have to make. I don't think that they can ultimately prevail in getting you denied unemployment, but you will have to decide what works best for you. It might not hurt to get a quick consult with a local attorney anyway.

They are at least nervous that you could sue them or they would not be offering two months severance in exchange for you signing a document that you won't sue.
 

Proserpina

Senior Member
I suppose my fall back is unemployment and their severance. What happens if the deny my unemployment and say that the position eliminated was decided by performance?
He gave me a false evaluation based on his personal dislike even his documented reasons were dis proven. If it was true that I went from an A+ employee to and F, they would have fired me long ago.

You don't get denied for performance issues to begin with.
 

Zigner

Senior Member, Non-Attorney
As was mentioned above, it can't hurt to speak with an employment law attorney. Many of them are eager to give free consultations...ESPECIALLY in California.
 

commentator

Senior Member
OP, please do not waste time consulting with an attorney at least until you have filed your unemployment claim. FILE IT IMMEDIATELY, even though you are receiving the two months severance or whatever they want to call it. Position eliminated does NOT disqualify you for unemployment. They are NOT going to tell the unemployment system that they are eliminating your position because blah blah blah blah. No inquiries will be made, except to verify your separation information. You were not terminated for performance issues. Your position was eliminated.

And as it has been said, even if you had been terminated for performance issues, that would probably not disqualify you for unemployment. All they want to know in this situation is if you did the job to the best of your abilities. The time for you to quit obsessing about your poor review is at hand.

It is not your place to bring up all this to unemployment when you file anyway. Remember, they are only interested in whether you are out of work for a qualifying reason. Forget about all the information about WHY they eliminated your position, how you were a whistleblower, etc.

Unemployment, (and incidentally no one else like prospective employers) will ever want to hear this whole wrongful treatment harassment story you have to tell. They'll just look at what the company says on your termination form. Position eliminated. Check. Happens all the time.

That they eliminated the position means that they are saying you were no longer necessary to the company, and you are out of work through no fault of your own. They have essentially given you a lack of work lay off. This will not require appeals, no attorney discussion about unemployment here, you will just file the claim, tell them you were told your position was being eliminated, and you'll almost certainly be good to go with unemployment benefits, provided that you meet the other monetary and availability requirements.

You are not a whistleblower, and you do not have any sort of wrongful termination action that I can see, though sometimes companies can be very ignorant about these things, and may be willing to try to buy you off, negotiate, whatever. That's why they may have given you the whole severance deal. Talk to an attorney later if you want to, see if you can scare them any worse.

But legally, honestly, it's not sounding like there's a thing. Are you over 40? You have been very very involved in your job and your war with your former supervisor, very very tied up with and incensed about your unfair treatment and your work issues. You're well out of such a stressful and energy sapping situation, especially with a clean unemployment claim and a good reference, which I suspect you'll receive from them.

Hopefully you will soon be able to find another job in which you do not have all these problems.
 
Last edited:

Zigner

Senior Member, Non-Attorney
OP, please do not waste time consulting with an attorney at least until you have filed your unemployment claim. FILE IT IMMEDIATELY, even though you are receiving the two months severance or whatever they want to call it. Position eliminated does NOT disqualify you for unemployment. They are NOT going to tell the unemployment system that they are eliminating your position because blah blah blah blah. No inquiries will be made, except to verify your separation information. You were not terminated for performance issues. Your position was eliminated.

And as it has been said, even if you had been terminated for performance issues, that would probably not disqualify you for unemployment. All they want to know in this situation is if you did the job to the best of your abilities. The time for you to quit obsessing about your poor review is at hand.

It is not your place to bring up all this to unemployment when you file anyway. Remember, they are only interested in whether you are out of work for a qualifying reason. Forget about all the information about WHY they eliminated your position, how you were a whistleblower, etc. Unemployment, (and incidentally no one else like prospective employers) will never want to hear this whole wrongful treatment harassment story you have to tell. They'll just look at what the company says on your termination form. Position eliminated. Check. Happens all the time.

That they eliminated the position means that they are saying you were no longer necessary to the company, and you are out of work through no fault of your own. They have essentially given you a lack of work lay off. This will not require appeals, no attorney discussion about unemployment here, you will just file the claim, tell them you were told your position was being eliminated, and you'll be good to go with unemployment benefits, provided that you meet the other monetary and availability requirements.

You are not a whistleblower, and you do not have any sort of wrongful termination action that I can see, though sometimes companies can be very ignorant about these things, and may be willing to try to buy you off, negotiate, whatever. That's why they may have given you the whole severance deal. Talk to an attorney later if you want to, see if you can scare them any worse.

But legally, honestly, it's not sounding like there's a thing. Are you over 40? You have been very very involved in your job and your war with your former supervisor, very very tied up with and incensed about your unfair treatment and your work issues. You're well out of such a stressful and energy sapping situation, especially with a clean unemployment claim and a good reference, which I suspect you'll receive from them.

Hopefully you will soon be able to find another job in which you do not have all these problems.
The reason I mentioned running this by an attorney is that CA tends to lean very much towards the employees. There is a teensy-weensy possibility that the OP might, maybe qualify as a whistle-blower if it can be shown that the acts he was reporting were illegal and/or against public policy. However, the OP will ALSO need to show that he was fired because he reported those acts to HR. It's a HUGE bunch of hurdles, but there is a small itty-bitty chance...
 

Mcam1980

Junior Member
The reason I mentioned running this by an attorney is that CA tends to lean very much towards the employees. There is a teensy-weensy possibility that the OP might, maybe qualify as a whistle-blower if it can be shown that the acts he was reporting were illegal and/or against public policy. However, the OP will ALSO need to show that he was fired because he reported those acts to HR. It's a HUGE bunch of hurdles, but there is a small itty-bitty chance...
Thank you ALL very much. I will take everything I've learned here into consideration.
I did immediately file for UI, and I won't be telling my story to anyone except an attorney if it comes down to it.
I have reason to worry about a legal action though, since my spouse also works for the same company in a different department.
That scares me, and will probably be the biggest factor in resigning my fate to UI and then a new job.
 

Proserpina

Senior Member
Thank you ALL very much. I will take everything I've learned here into consideration.
I did immediately file for UI, and I won't be telling my story to anyone except an attorney if it comes down to it.
I have reason to worry about a legal action though, since my spouse also works for the same company in a different department.
That scares me, and will probably be the biggest factor in resigning my fate to UI and then a new job.
Please let us know what happens if you remember :)
 

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