What is the name of your state (only U.S. law)? TX
This is actually for a friend. My friend was recently let go from her job due to a really childish and petty event. She feels like the situation was mishandled from the start and because of what they're accusing her of (retaliation) she cannot apply for unemployment and has been out of work for almost a month now, as the job market hasn't been as friendly.
The situation was basically an employee (known for stirring up trouble) went and told a store manager that she heard one of my friend's direct reports verbally trashing another manager. Instead of fact-checking and asking any of the numerous employees that were in the huddle that this was supposedly coming from, the store manager went over and pulled my friend aside and reprimanded her saying that as a leader it's her responsibility to hold that employee accountable. She tried to explain that no one said anything and the manager in question wasn't even part of the conversation they were having but he was still coming down on her. So she took it upon herself to go ask the employee that reported the incident and video recorded the results. She didn't do this to get that employee in trouble, but more or less to show the store manager that yeah she's known to start stuff and he was coming down on her for no reason and sure enough the video shows the employee back peddling and saying she never said this or that. The store manager was embarrassed and instead of apologizing, reported my friend to HR saying that he didn't want to be a part of it (although he clearly was) -- and unbeknownst to my friend, he reported it as a case of retaliation saying she was trying to throw the employee that reported the incident under the bus. He also stated that she tried to go back a second time and discuss the incident with the reporting employee (which my friend didn't) to insinuate harassment, intimidation and/or retaliation.
A week after the incident, the store manager called my friend into his office and told her he was letting her go on the grounds of retaliation; However; it seems like this decision was made long before it was "officially delivered to her" because she got her last paycheck three days before she found out. Furthermore, when she tried to appeal to HR, they told her they had already gotten all the information they needed from the store manager, which seemed suspicious because there's three parties involved and they only got the story of two employees (the reporting employee and manager apparently called HR together). They told my friend they were standing behind the store manager but my friend knows some people higher up in HR and they told her it did not sound like it was handled correctly and they recommended she call a hotline for an independent analysis.
The store manager has been known to show select favoritism towards the reporting employee including giving her vacation time during a black out period which is almost unheard of if you know anyone that works in retail. My friend feels like this was clearly demonstrated by the fact that he took her word at face value without doing further investigation and that they were (for lack of better words) in cahoots with each other to get her terminated.
Based on this information does she have a case for wrongful termination?
PS; thank you so much for your time and if you have any questions or need more details please ask and I'll be happy to get whatever you need.
This is actually for a friend. My friend was recently let go from her job due to a really childish and petty event. She feels like the situation was mishandled from the start and because of what they're accusing her of (retaliation) she cannot apply for unemployment and has been out of work for almost a month now, as the job market hasn't been as friendly.
The situation was basically an employee (known for stirring up trouble) went and told a store manager that she heard one of my friend's direct reports verbally trashing another manager. Instead of fact-checking and asking any of the numerous employees that were in the huddle that this was supposedly coming from, the store manager went over and pulled my friend aside and reprimanded her saying that as a leader it's her responsibility to hold that employee accountable. She tried to explain that no one said anything and the manager in question wasn't even part of the conversation they were having but he was still coming down on her. So she took it upon herself to go ask the employee that reported the incident and video recorded the results. She didn't do this to get that employee in trouble, but more or less to show the store manager that yeah she's known to start stuff and he was coming down on her for no reason and sure enough the video shows the employee back peddling and saying she never said this or that. The store manager was embarrassed and instead of apologizing, reported my friend to HR saying that he didn't want to be a part of it (although he clearly was) -- and unbeknownst to my friend, he reported it as a case of retaliation saying she was trying to throw the employee that reported the incident under the bus. He also stated that she tried to go back a second time and discuss the incident with the reporting employee (which my friend didn't) to insinuate harassment, intimidation and/or retaliation.
A week after the incident, the store manager called my friend into his office and told her he was letting her go on the grounds of retaliation; However; it seems like this decision was made long before it was "officially delivered to her" because she got her last paycheck three days before she found out. Furthermore, when she tried to appeal to HR, they told her they had already gotten all the information they needed from the store manager, which seemed suspicious because there's three parties involved and they only got the story of two employees (the reporting employee and manager apparently called HR together). They told my friend they were standing behind the store manager but my friend knows some people higher up in HR and they told her it did not sound like it was handled correctly and they recommended she call a hotline for an independent analysis.
The store manager has been known to show select favoritism towards the reporting employee including giving her vacation time during a black out period which is almost unheard of if you know anyone that works in retail. My friend feels like this was clearly demonstrated by the fact that he took her word at face value without doing further investigation and that they were (for lack of better words) in cahoots with each other to get her terminated.
Based on this information does she have a case for wrongful termination?
PS; thank you so much for your time and if you have any questions or need more details please ask and I'll be happy to get whatever you need.