wife wrongfully terminated?

[creep14]

What is the name of your state?What is the name of your state? INDIANA

She, along with another female coworker, was trying to convey to her 1st line management what had happen during a NMR sponsored dinner on Wednesday the 26th. During this discussion all 3 employees were clocked in and ready to work. The 2nd line management was absent at the time. During the discussion, the 3RD line management (highest level in the office) came out of his office and told them to stop talking and get back to work. When the, soon to be fired employee, responded by saying this was a work related conversation, the 3RD line management, in a negative tone, said he had heard everything and it was gossiping not work related, so they were told to get back to work or clock out. Then the 3RD line management went to his office where the soon to be fired employee followed to try to explain what they were talking about. If he truly heard what they were talking about then he would have been derelict in his duties not to take appropriate action to take a report on the incident that occurred on Wednesday the 26th. The 3RD line management immediately picked up the phone to make a call and wouldn't allow her to explain. The soon to be fired employee then went back to her 1st line management to see what she should do since the 3RD line management had severely upset her and wouldn't listen to reason. The 1st line management told the soon to be fired employee to go to her car and take some time to calm down and that she would try to talk to the 3RD line management. When the 3RD line management was off the phone the 1st line management went in to explain what had happen so at that time he new that it was a work related conversation and he was wrong from that point on. After that conversation the 1st line management came out of the office visibly upset and the other female coworker ask what was going on and she stated that the 3RD line management wanted the soon to be fired employee out of here (fired). The 1st line management's shift was over and left work but stopped by the car of the soon to be fired employee (who was sitting in her car at the request of her 1st line management) to tell her that the 3RD line management was off the phone if she wanted to talk to him. The soon to be fired employee said she would go back in as soon as she got herself together (because she was worried about getting fired from the job that she absolutely loved and excelled in) and the 1st line management agreed she should get herself together first. While still in her car the 3RD line management came out to take out the trash and gave "evil looks" at the soon to be fired employee. On his way back from trash duty he stopped by the car to ask if he could speak to the soon to be fired employee to which she responded yes. On the way back into the office (maybe 50ft from the car) the 3RD line management asked for the soon to be fired employee's pass key and key to the office to which the soon to be fired employee asked if she was fired and he said Yes. At this point the now fired employee refused to give the pass key and key back until she was assured she would be able to get all her personal affects from her desk. The 3RD line management stated if she didn't immediately give him the keys then he would call the police. The now fired employee reluctantly gave him the items he wanted and she retrieved her belongings. While she was doing this the now fired employee asked what she had done to be fired and he stated that he gave her an ultimatum to either clock out and go home or get back to work (both the 1st line management and the female coworker confirm that he never said anything about going home) and that she clocked out. He didn't say that if she clocked out and went home that meant she was fired otherwise she would have went back to work even though she was just in doing what she did. The facts are that the now fired employee did not clock out or get back to work. She went back to her 1st line management (upset and confused about what she did wrong to be treated so poorly by her upper management) to see what she should do and the 1st line management said she would talk to him and she should take a break in her car until then.

While still gathering her things she let him know that he was a sexist because of the numerous comments made in meetings and in general office banter. She was given a number for Human Resources when she requested one but when she saw the name she said it was not going to do much good since it was one of his friends. When the now fired employee was outside of the office on the sidewalk and heading toward her car she turned and called him a "dick". She obviously was upset at being fired when she said what she did but that facts were she was not on NMR property or an employee under his supervision.

Human resources was contacted the evening of the firing by the now fired employee. The HR rep was called back on Monday the 31st to see what was happening. The HR rep stated he probably could have gotten her job back had she not called him a "dick". Also HR stated that the 3RD line management admitted he made a mistake about the initial conversation being gossiping. Also, at the time of the comment she was not on the NMR property and was not an employee.

Since the beginning of her employment she had seen numerous incidents of sexual harassment (mainly comments made by 3RD line management about women) and felt the fear of bringing up inappropriate behavior due to fear of retaliation. That fear came true when she stood up for what she knew was right and stood up to her management. I believe that if her 2nd line management had been there that day she would still be working because even though he didn't follow through on things he at least would listen and make rational not hot headed emotional decisions.

Back to the being conversation that started it all: It was a complaint against one female employee hitting another female employee in the arm hard enough to leave a bruise at a NMR sponsored event. Plus the employee's continued use of foul language, even after she was asked to stop, in the office particularly when the other coworkers are on the phone recruiting potential NMR Homes. When called from this office you can hear what the other coworkers are saying so it would seem very inappropriate to use foul language at anytime.

Now HR wants to meet with my wife and the her Supervisor that fired her to go over the events. It looks like they are really scared of a lawsuit. Does she have one?

 

[Beth3]

No, she doesn't have one. This was not a wrongful (illegal) termination.

Mistakes were made all around, including by your wife. When it became clear the 3rd line management wasn't in the mood to discuss the issue and listen to reason your wife should have backed off, not followed him to his office to debate the matter further. I'm not excusing his behavior (he behaved badly) but a smart subordinate needs to recognize when to keep his or her lip buttoned and delay the discussion to another day when the manager is willing to listen. Had she backed off, I doubt any further unpleasant incidents would have ensued and she would still be employed.

It also appears HR would have been able to talk reason to the manager the next day when he'd calmed down and had her reinstated had she not called him a dick. It doesn't matter that she was no longer employed or on company property. Her anger was understandable but at that point, she was not behaving any better than the manager.

She has no basis to file any legal claim against the company nor do they have to reinstate her. The things you describe regarding possible sexual harassment are irrelevant as they have nothing to do with the reason your wife was terminated.

 

[Katy W.]

This is how someone else could view the termination:

Your wife was told to quit talking and go back to work and refused, instead following the 3rd line into his office to talk more, then leaving and going to talk to another supervisor, again instead of going to work. Her 1rst line told her to pull herself together so, instead of splashing water on her face in the bathroom, she goes out and sits in her car, on the clock. The first line came by her car and suggests she talk go back and talk to the 1rst line, which she did not do, but continued sitting in her car, keeping in mind she is still on the clock. The 3rd line sees her and becomes angry, asking to talk to her and asking for her pass. She refuses to give it to him and he has to threaten her with the police to get it. While retrieving her belongings she calls her 3rd line a "sexist" - although there is no evidence that anything the 3rd line has done in this affair is because of your wife's sex - and she calls the Human Relations guy a "dick."

At what point was your wife going to actually do what someone in management told her to do? I'm an advocate, not an HR person, but jeez Louise, your wife appears not to understand that she cannot just do whatever she wants to do at work! It really bugs me when situations like this are referred to as "standing up for what she knew was right." This is not remotely akin to standing up for what she knew is right. This is standing up for her right to do whatever she wanted at work. The rest of this saga is pure spin.

 

[creep14]

wife WINS her employer thought she had a case!!!

Indiana

In less than 24 hours after meeting with 2 HR Reps (One Regional and One VP Level) and the 3rd Line Mgr that fired her, my wife has her job back. In addition to that; the Corporate Management has reassured her that major changes will take place in the office where she will be working again. Hooray for the little guy. Also, this shows you that even those these sites are a great place to vent and hopefully get some positive feedback they are not always right since each case is different. So, if you believe you were wronged stand by your convictions and fight back.

 

[cbg]

I'm glad it worked out for you.

However, the fact that she got her job back does NOT mean that the responders were wrong. It is still true that your wife did not have a case for wrongful termination under the legal definition of the term, even if the employer decided to reinstate her.