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Guest
What is the name of your state?Worked all over the country with a home base in an at-will state
Details/Timeline:
- Alleged offense committed off the job, on a weekend.
- Six months later, employee advised employer of a criminal charge pending.
- Surrender/Arrest of employee occurred with some local media coverage. (Employer never mentioned in media)
- Employer begins its own investigation contacting law enforcement to try to determine details and whether they want to/should/can fire employee. (They are really looking for something that could tie them to the act and open up their computer network to scrutiny which would be very bad)
- Two weeks into investigation, direct manager, with HR approval directs employee to make arrangements to simply work 100% at home. Manager states this should take care of situation to everyone’s benefit.
- One month after beginning investigation, employer sends employee out of town to do a job, direct manager citing employee as best to accomplish the objective and that the "issue" of termination “looks like it won’t happen, otherwise VP would not have agreed to send employee out of town”.
- The job was to secure an annual contract for which I would fulfill a portion of the contract as a deliverable in the contract. I was under current contracts to two other companies in different states.
- Employee returns from the out of town job, and taking vacation days to let things blow over, HR directs employee manager to call employee in to office and terminate employee. In termination proceeding and later on appeal, HR citing conduct guidelines where "If management finds that your conduct on or off the job adversely affects your performance, that of other employees, or legitimate business interests, you will be subject to disciplinary measures, including dismissal." HR not concerned about guilt or innocence, rather concerned that behavior may occur on the job and affect company business interest, if discovered.
I guess Management flip flopped from the week prior. So, fine. I guess at-will was a hard decision to make in this instance. Now please smart people, let’s get to work....
Research leads me to believe one must determine if a contract was formed to eliminate at-will?.
Can conversations with a manager create an oral contract and bind the company to remove at-will status? There were many discussions that took place. Should these be pursued?
If the position involves contracts with other companies and I am a deliverable in the contract can this remove at-will status?
If a Manager states verbally during the termination proceeding or at a dinner afterwards (yep, dinner was had at the going away party with the manager) that after "everything blows-over" and the issue is "resolved quietly, we will see about getting you back on", will this remove at-will status?
What about Performance? Employee performance is not an issue. Working at home was a normal part of the job before and after. Employee record was spotless and according to management, none of the coworkers who were questioned, mentioned having a problem with the employee’s continued employment according to the manager. Employee was a ten year veteran of the business acquired during a takeover of the original company and handicapped to boot!
What was the Breach? I guess if at-will status is beaten, the breach is obvious.
Damages? Significant economic and personal loss as a result of the employers breach of contract, if determined to exist. First, loss of wages and stocks at an estimated $1.5 million over the coming decade. Second, the employee was stripped of the means to defend against the felony charge by being fired prior to even a Grand Jury indictment, prior to entering a plea, and prior to a fair trial in a court by peers. The employer, by inserting themselves into the matter became judge and jury, when only one side could be heard. In the end the employee was left with no alternative but to plead guilty to a misdemeanor charge or face financial ruin sooner rather than later.
Details/Timeline:
- Alleged offense committed off the job, on a weekend.
- Six months later, employee advised employer of a criminal charge pending.
- Surrender/Arrest of employee occurred with some local media coverage. (Employer never mentioned in media)
- Employer begins its own investigation contacting law enforcement to try to determine details and whether they want to/should/can fire employee. (They are really looking for something that could tie them to the act and open up their computer network to scrutiny which would be very bad)
- Two weeks into investigation, direct manager, with HR approval directs employee to make arrangements to simply work 100% at home. Manager states this should take care of situation to everyone’s benefit.
- One month after beginning investigation, employer sends employee out of town to do a job, direct manager citing employee as best to accomplish the objective and that the "issue" of termination “looks like it won’t happen, otherwise VP would not have agreed to send employee out of town”.
- The job was to secure an annual contract for which I would fulfill a portion of the contract as a deliverable in the contract. I was under current contracts to two other companies in different states.
- Employee returns from the out of town job, and taking vacation days to let things blow over, HR directs employee manager to call employee in to office and terminate employee. In termination proceeding and later on appeal, HR citing conduct guidelines where "If management finds that your conduct on or off the job adversely affects your performance, that of other employees, or legitimate business interests, you will be subject to disciplinary measures, including dismissal." HR not concerned about guilt or innocence, rather concerned that behavior may occur on the job and affect company business interest, if discovered.
I guess Management flip flopped from the week prior. So, fine. I guess at-will was a hard decision to make in this instance. Now please smart people, let’s get to work....
Research leads me to believe one must determine if a contract was formed to eliminate at-will?.
Can conversations with a manager create an oral contract and bind the company to remove at-will status? There were many discussions that took place. Should these be pursued?
If the position involves contracts with other companies and I am a deliverable in the contract can this remove at-will status?
If a Manager states verbally during the termination proceeding or at a dinner afterwards (yep, dinner was had at the going away party with the manager) that after "everything blows-over" and the issue is "resolved quietly, we will see about getting you back on", will this remove at-will status?
What about Performance? Employee performance is not an issue. Working at home was a normal part of the job before and after. Employee record was spotless and according to management, none of the coworkers who were questioned, mentioned having a problem with the employee’s continued employment according to the manager. Employee was a ten year veteran of the business acquired during a takeover of the original company and handicapped to boot!
What was the Breach? I guess if at-will status is beaten, the breach is obvious.
Damages? Significant economic and personal loss as a result of the employers breach of contract, if determined to exist. First, loss of wages and stocks at an estimated $1.5 million over the coming decade. Second, the employee was stripped of the means to defend against the felony charge by being fired prior to even a Grand Jury indictment, prior to entering a plea, and prior to a fair trial in a court by peers. The employer, by inserting themselves into the matter became judge and jury, when only one side could be heard. In the end the employee was left with no alternative but to plead guilty to a misdemeanor charge or face financial ruin sooner rather than later.