Wrongful Termination - Manager Falsified Work Evaluation to lay me off

[iconoclast2019]

What is the name of your state?NY

Manager Falsified Work Evaluation to lay me off for not only for the most recent year but also an evaluation from two years back.All the notes about evaluations and performance goals from previous years were wiped out before handing over me a performance improvement plan so as to lay me off of on performance grounds.Do I have any recourse?

 

[Zigner]

Yes, you'll likely qualify for unemployment and you can find a new a better job.

 

[eerelations]

Unless you have an employment contract or CBA which specifically states that your employer may not terminate your employment for any reason except poor performance, a wrongful termination as defined by law has not taken place.

In almost all 50 states, employers are legally free to terminate their employees' employment for any reason (and including no reason), except reasons specifically prohibited by law. Prohibited reasons include things like race, age, gender, disability and religion. Falsifying performance records is not a reason prohibited by law, ergo, your termination was legal.

 

[cbg]

Agreed. This is not a wrongful termination as defined by law (read my signature), so there is no oversight or law enforcement agency you can appeal to. If you have copies of the original notes and evaluations you are free to take them to HR but they are not obligated to take any notice or any action. In 49 out of 50 states, including yours (and sometimes also in the 50th) you can be fired because the day of the week ends in Y and it will be legal in the vast majority of cases. Nothing you have posted suggests anything different.

 

[Edgar 1776]

There is nothing you can do. Your employer doesn't even have to do an evaluation. They can fire you for no reason at all as along as its not in violation of a statue or protected status.

 

[iconoclast2019]

Unless you have an employment contract or CBA which specifically states that your employer may not terminate your employment for any reason except poor performance, a wrongful termination as defined by law has not taken place.

In almost all 50 states, employers are legally free to terminate their employees' employment for any reason (and including no reason), except reasons specifically prohibited by law. Prohibited reasons include things like race, age, gender, disability and religion. Falsifying performance records is not a reason prohibited by law, ergo, your termination was legal.

They terminated soon after I turned 40 and cited performance explicitly as a reason for termination (with falsified work evaluation under the hood) this strategy enabled them to terminate without giving me a severance pay

 

[iconoclast2019]

Agreed. This is not a wrongful termination as defined by law (read my signature), so there is no oversight or law enforcement agency you can appeal to. If you have copies of the original notes and evaluations you are free to take them to HR but they are not obligated to take any notice or any action. In 49 out of 50 states, including yours (and sometimes also in the 50th) you can be fired because the day of the week ends in Y and it will be legal in the vast majority of cases. Nothing you have posted suggests anything different.

They terminated soon after I turned 40 and cited performance explicitly as a reason for termination (with falsified work evaluation under the hood) this strategy enabled them to terminate without giving me a severance pay

 

[iconoclast2019]

There is nothing you can do. Your employer doesn't even have to do an evaluation. They can fire you for no reason at all as along as its not in violation of a statue or protected status.

They terminated soon after I turned 40 and cited performance explicitly as a reason for termination (with falsified work evaluation under the hood) this strategy enabled them to terminate without giving me a severance pay

 

[iconoclast2019]

There is nothing you can do. Your employer doesn't even have to do an evaluation. They can fire you for no reason at all as along as its not in violation of a statue or protected status.

They terminated soon after I turned 40 and cited performance explicitly as a reason for termination (with falsified work evaluation under the hood) this strategy enabled them to terminate without giving me a severance pay

 

[iconoclast2019]

Unless you have an employment contract or CBA which specifically states that your employer may not terminate your employment for any reason except poor performance, a wrongful termination as defined by law has not taken place.

In almost all 50 states, employers are legally free to terminate their employees' employment for any reason (and including no reason), except reasons specifically prohibited by law. Prohibited reasons include things like race, age, gender, disability and religion. Falsifying performance records is not a reason prohibited by law, ergo, your termination was legal.

They terminated soon after I turned 40 and cited performance explicitly as a reason for termination (with falsified work evaluation under the hood) this strategy enabled them to terminate without giving me a severance pay

 

[Edgar 1776]

If you can establish they falsified your records to fire you because of your age (40 is the magic number) then you could have and age discrimination case. You would have to file an EEOC compliant first.

 

[Just Blue]

They terminated soon after I turned 40 and cited performance explicitly as a reason for termination (with falsified work evaluation under the hood) this strategy enabled them to terminate without giving me a severance pay

Was it really necessary to post the same act answer to five different volunteers? No. It was not.

 

[cbg]

Are there other people still working there who are over 40?

 

[iconoclast2019]

Are there other people still working there who are over 40?

Yes

 

[cbg]

That's going to make an age claim difficult.