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Is this wrongful termination?

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computer_guy

Junior Member
What is the name of your state (only U.S. law)? Wisconsin

I was fired from my previous employer for bogus reasons, when asked to write down information to receive unemployment this is the letter I sent them. With the information here, would this suffice for a lawsuit for wrongful termination. I was employed with a temp/staffing agency at the time as well. I am removing the names because I am unsure of the law.

The business I worked for is a well known insurance company.

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I was previously employed with (staffing agency) and working at (business) as a temporary employee with a contract position there lasting until January of 2012 and up to march of 2012. (Business) contacted (staffing agency) as of 11/4/2011 to inform them of an early contract termination and my services no longer needed with no reason as to why. After contacting (Staffing agency) and (Business), I received a phone call back several hours later from (Staffing agency) informing me the reason for early contract dismissal was due to poor quality, low production, multiple coaching sessions, and deviating from their processes. With the recent application to unemployment, they reported to unemployment insurance the reason for my termination was for excessive absences / tardies. I was never late, or missed a day of work. (clarified later as to the person reviewing got the information wrong from a previous job termination)

Production requirements were 15 to 18 an hour and I was accomplishing up to 30 if not more an hour. I was never taken aside and coached for quality errors. To perform the job, a person is required to deviate from the process per government and company regulations and standards. Through a personal contact of mine who looked into my quality reports, I had and still have no negative reviews to their knowledge. They wish to remain anonymous because of job security.

During my 3rd week working at (Business) and having HIPAA violations discussed in the training environment, I noticed an employee there, (Employee A), posting cell phone picture captures of the interior of (Business) on their facebook account. Some of these pictures show computer monitors that have client information on them. The photos on facebook do not show legible client information but can not speak of the original captures them self. I am uncertain if this is an absolute HIPAA violation but know with out a doubt this is a violation of company policies.

I reported this to my trainer (Employee N), who in turn reported it to our supervisor (Employee S), I noticed an immediate change in atmosphere the following week and was denied proper training on secondary projects I was put on. The day I received my termination phone call I reported this a second time to (Business Manager).


While working there to perform our tasks we rely on documentation called process references and process instructions. I was unclear and uncertain of what they were stating and questioned them to our product specialist (Employee S). Her job duties are to explain and make clear what it is we are specifically to do as well as maintain, write and update the process instructions and references. She made her self unavailable to me and gave me responses such as "just do what I tell you to do" with out any explanation. I believe some of the tasks performed were intentionally taught wrong to me specifically.

I also noticed a change in demeanor when I questioned (Employee S) about what to do when spotting an incarcerated employee, (employee V), breaking their Hubert agreement by leaving company grounds during their lunch break . This was immediately disregarded.

I absolutely feel the reason for my dismissal was in retaliation for bringing up company, and legal violations that my superiors were either guilty of themselves or did not want to take the time to address.

Thank you for taking the time and consideration for reviewing my case and additional information. I am unsure of what to do, and if there are any required actions for me perform in this situation. Any and all assistance would be greatly appreciated.

Thank you

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And thank you for taking the time to review this. It is greatly appreciated.
 


computer_guy

Junior Member
Because I worked for a staffing agency, is that their golden ticket for being able to terminate me with out any repercussions?

And I feel it was wrongful because all the reasons as to why they fired me, were lies that I can prove wrong.
 

justalayman

Senior Member
computer_guy;2985260]Because I worked for a staffing agency, is that their golden ticket for being able to terminate me with out any repercussions?
technically, you were not terminated since your employer is actually the staffing agency but even if the client company was your employer, it still was not an illegal termination.

And I feel it was wrongful because all the reasons as to why they fired me, were lies that I can prove wrong.
as long as the termination was not for an illegally discriminatory reason, it doesn't matter.
 

Proserpina

Senior Member
Because I worked for a staffing agency, is that their golden ticket for being able to terminate me with out any repercussions?

And I feel it was wrongful because all the reasons as to why they fired me, were lies that I can prove wrong.


Please google the term "wrongful termination". :)
 

computer_guy

Junior Member
But really, whose going to take on a discrimination suite defending a large white male vs a supervisor that's, not white, and not male.

I do appreciate your input though, unresolved questions I don't know where else to turn to next to a consultation with a lawyer.
 

justalayman

Senior Member
But really, whose going to take on a discrimination suite defending a large white male vs a supervisor that's, not white, and not male.

I do appreciate your input though, unresolved questions I don't know where else to turn to next to a consultation with a lawyer.
feel free to call a lawyer. From what you posted, not only do you not have a claim but it appears you are a bit overly involved in the companies operations, especially given the fact you were not even technically an employee of the client company.

I would suggest that the next time you find employment, you concentrate on your duties and not make such a big deal about what you believe others are doing incorrectly.
 

Proseguru

Member
Because I worked for a staffing agency, is that their golden ticket for being able to terminate me with out any repercussions?
No, but there is no protection for a whistle-blower/wrongful discharge/retaliatory discharge-like actions such as what you described.

So next time you want to report something, see if you are opening yourself up for the same treatment BEFORE you speak.
 

commentator

Senior Member
And regardless of this letter you have written to them, the unemployment system will disregard everything you said that is not related to the staffing agency. You were employed by the staffing agency. Any contract about duration of services was between the employer and the staffing agency, not you and the employer. Your assignment ended at the employer's request. Does the agency have another assignment to send you on? Are you still within their system as an up-to-date ready-to-refer employee, and they have nothing to send you on? Or have they decided to fire you, since your last assignment ended with negative feedback on the part of the employer/their client?

Yes, the reason that companies love to obtain workers through temporary services is that when they get a temp in and discover that they are a real troublemaking tattletale rights-demanding turkey, or just if they don't like the way this person dresses or combs his hair, they can simply tell the temp service to make the person go away.

The company has no legal responsibility to the person whatsoever, except that they may not harrass due to EEOC considerations, such as age, sex, religious affiliation, etc. and they must provide a safe environment to work in. They do not have to treat you fairly, listen to your complaints, or put up with your obstructive behavior. Nor do they have to be on the hook for unemployment taxes if you are approved to draw unemployment,(your benefits will be charged to the account of the temp service) nor are they contacted for feedback by the unemployment system when they are making a decision on whether to approve benefits.

Forget about the lawyer. Not only do you not have any sort of a wrongful termination case, you were never an employee of the company anyway.

And an attorney could not do anything to help you with an unemployment claim at this point as the unemployment system, as I said, will be contacting the temporary service (your employer) to ask them the reason why your assignment was ended by the company(whether it would be considered a misconduct reason) and whether or not you are still on their roster.

If they (the temp service) say the reason you were terminated from your assignment was low production, poor performance, all you need to say is that you did the job on your assignment to the best of your abilities, that you were given no feedback that your production was not acceptable, and that based on the feedback you did receive, you were doing very well. That is all you need to say, all they will be interested in hearing from you.

All this other stuff, this whole confused and confusing letter, while all these issues you bring up may be the true reason the company ended your temp assignment, is going to be discarded from consideration immediately.

Incidentally, when responding to unemployment issues, it is better to eliminate too much verbiage and unrelated detail, avoid "writing" your way through it anyway. Verbally answering questions posed by the ajudicator is much more effective. As I have frequently said, they have "hearings" they do not have "readings." And once someone gets off on the wrong track, as you have in your arguments here, then you have given them very little useful information.
 
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computer_guy

Junior Member
Thank you very much for the input and helping me understand this situation and better adapt to new situations. Although it is not information that works in my favor, I do appreciate the help understanding what was going on.

As for the unemployment I am currently receiving the insurance until I'm able to find a new position.

When I made a follow up call to my staffing agency the day of termination, my contact there said my attendance was great, and the reasons I was terminated was probably "bull ___", and could have been for a number of things including personality conflicts.

As for the whistle blower statement, part of the companies policy is to not retaliate. Also Wisconsin state law protects whistle blowers from retaliation.
 

swalsh411

Senior Member
As for the whistle blower statement, part of the companies policy is to not retaliate. Also Wisconsin state law protects whistle blowers from retaliation.
Absent a law that says they must, company policies are just policies and they are not required to follow them.

Whistle-blower laws are much narrower than many people believe them to be. A lot of people think they cover any person reporting any wrongful activity to any party and that is simply not true. What part of any Wisconsin law do you believe applies to your situation? You are probably not even covered to begin with since you were not their employee. What you should have done is reported what you believe to be improper behavior to your employer (the temp agency) and let them decide how to handle it.

It seems like you were fired for getting a bit too big for your britches. File for unemployment if you have not done so already.
 

cbg

I'm a Northern Girl
A wrongful termination does not mean that you were terminated for something you did not do; nor yet that the company's policy was violated. A wrongful termination means that there exists a specific law that was violated by your termination.
 

Hot Topic

Senior Member
What you "feel" and "believe" are irrelevant.

You are not as important to an employment agency as the client because the client pays the bills. The agency may appear to side with you, but don't expect to get a lot of assignments in the future.
 

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