• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Wrongful Termination & "Lay-Off"

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

katm1179

Junior Member
What is the name of your state? MA

Two weeks ago I was called into my managers office and was informed that I was being "laid-off". I asked my manager why I was being "laid-off", how I was selected and why an HR position was being eliminated. The only response I received was "This is a tough environment." The "lay-off" came as a shock to me since there was only myself and my manager in the department and 200 + employees and my manager mentioned hiring another HR person to help us out because we were swamped with work. I responded to my manger by saying, "Interesting I always thought "lay-offs" weren't random and that their needed to be some "business rational" behind the decision. I received no response but only a hard smile. :D

I was then told that I would receive 2 weeks in lieu of notice and 2 weeks severance and could file for unemployment. I asked for the unemployment information (since you are suppose to hand this to employees and have them sign off as having received the information) and was told that I would receive it in the mail. I also requested that I be sent a letter in writing confirming that I was "laid-off" and the rational behind the "lay-off". To this date and after sending a reminder email I still have not received anything in writing.

I was also told that I couldn't get back on to my computer and had to leave immediately. At this point I requested that I speak to our Compliance Officer. I told the Compliance Officer that I had documents on my private drive that I co-authored and that were confidential copy written documents from my last company. I requested that these be destroyed and that I be sent written confirmation and acknowledgement. I still have not received anything in writing that the files have been destroyed and will not be reproduced.

Most interesting is the timing of everything. There was a new employee who was being treated unfairly, perhaps discriminatorily, and was trying to resolve some issues she was having with my manager. She was extremely frustrated because it was falling on my managers "deaf ears" and because her issues as requested were not being kept confidential by my manager. My managers friend was a co-worker and worked in the same department as this new employee. It was obvious that this co-worker didn’t like the new employee and was also perhaps threatened by her because her skill set, experience and education was far more advanced. This co-worker would frequently go up to my managers office to gossip with her about the new employee even after this new employee requested that the situation she was having be kept confidential. The night before I was "laid-off" another employee who is very chummy with my manager saw me talking with the new employee. Myself and this new employee talked extensively that night about her frustrations. I believe this co-worker that is chummy with my manager told my manger the next day that she saw me talking to the new employee and things were taken way out of context. I believe the "lay-off" wasn't not really a "lay-off" and that it was retaliatory for having joined with an employee to help improve her conditions as well as being threatened by me because I had more experience than her .

Further, a week later after I was "laid-off" this new employee who was having difficulty with my manger and was being treated unfairly was fired and given false reason for her termination. The reason given for her termination was a vendor complaint from 3 week earlier. However, the vendor actually admitted to making a mistake and provided the new employee with an upgrade in tickets! No type of discipline on the vendor complaint was ever given or made. :rolleyes:

I was also on a guaranteed bonus to be paid out to me at the end of the year. The only condition was that I be an employee in good standing at year end, which would have been the case if I wasn't “laid-off.” Am I entitled to receive this payment or a pro-rated amount of the guaranteed bonus? :confused:

We are also concerned about what is being said about the both of us as we are sure the "rumor mill" is going around!

Any suggestions on how to take action would be appreciated. :)
 


Beth3

Senior Member
I responded to my manger by saying, "Interesting I always thought "lay-offs" weren't random and that their needed to be some "business rational" behind the decision. Which of course is how the great majority of employers handle such situations but it isn't required by any laws.

I also requested that I be sent a letter in writing confirming that I was "laid-off" and the rational behind the "lay-off". To this date and after sending a reminder email I still have not received anything in writing. Your employer isn't obigated to do this and clearly they don't intend to.

I still have not received anything in writing that the files have been destroyed and will not be reproduced. Again, they have no obligation to do this.

I believe the "lay-off" wasn't not really a "lay-off" and that it was retaliatory for having joined with an employee to help improve her conditions as well as being threatened by me because I had more experience than her . Even if that's the case, that's not illegal.

Further, a week later after I was "laid-off" this new employee who was having difficulty with my manger and was being treated unfairly was fired and given false reason for her termination. The reason given for her termination was a vendor complaint from 3 week earlier. However, the vendor actually admitted to making a mistake and provided the new employee with an upgrade in tickets! No type of discipline on the vendor complaint was ever given or made. Unfortunate but not unlawful.

I was also on a guaranteed bonus to be paid out to me at the end of the year. The only condition was that I be an employee in good standing at year end, which would have been the case if I wasn't “laid-off.” Am I entitled to receive this payment or a pro-rated amount of the guaranteed bonus? No. Presumably the bonus in "all or nothing" program, as most are, and if you aren't employed at year-end, you aren't eligible to receive it.

Any suggestions on how to take action would be appreciated. Start looking for a new job. Nothing in your post suggests anything prohibited has taken place or that you have any legal recourse.
 

katm1179

Junior Member
Thanks. That's what I thought since the "Firm" is an at-will employee. :( However, even though the "Firm" is at-will employer don't they have an obligation to the "good faith and fair dealing" principle. Does this not apply given the circumstances of the situation?
 

Beth3

Senior Member
As far as I know, California is the only state with a statute regarding good faith and fair dealing in the employment relationship. If MA has such a statute, then you'll need to discuss your situation with an employment law attorney.
 

cbg

I'm a Northern Girl
MA does have such a statute - however, it would be impossible to say on the basis of one post (and without hearing the other side of the story) whether it applies in this situation. MA is also an at-will state, which means you can be fired for any reason that does not violate the law.

I'm in MA and I have to say that I don't see anything illegal about your termination based on what you have posted. You are free to discuss it with a local attorney if you do not agree.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top