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wrongful termination- slander

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Nagrom

Junior Member
What is the name of your state? Texas

I am a professional and was recently terminated in the state of Texas which I understand is an "at will" state. Moreover, to restrain me from going after current clients, the employer terminated my contract "for cause" based upon something that they believed was a conflict of interest. However, the information that they had at the time was incorrect and what they originally understood to be a conflict of interest is certainly now turning out to not be that. There is no conflict of interest.

I have received word today from a 3rd party "outside of my former employer" that they were having dinner with a current officer of the my former employer and was told that I was terminated because I "received hundreds of thousands of dollars on the side from a client and funneled the money to an offshore account". When, factually, this was not the case at all.

I did invest in my client's company 2 years prior and have received $40k (incl. principle) on my $30k investment. There was no company policy against investing in a client. Moreover, the "offshore account" was not that at all. It was a simple, commonly used, self-directed IRA account.

I have since obtained a new job, but because I'm in the professional services business, this kind of untrue comment damages my reputation and ability to obtain future clients and perhaps future employment.

The fact that I was wrongfully terminated for something that I did not do is something that frustrates me, but I understand I can do little to overcome it in my state. Not only did I lose out on being compensated for a substantial client base that generated over four hundred of thousand of dollars to me every year, but now people are going to question my ethics based upon incorrect information and untrue statements. Does this slanderous remark give me SOME right to justice? If so, what compensation should I expect as I am trying to ascertain if it is worth pursuing.

This has been a very difficult experience for me and my family and I would appreciate any insight.
 


cbg

I'm a Northern Girl
Actually, you were not wrongfully terminated. You may have been unfairly terminated. You may have been terminated for something you did not do. But neither constitutes a wrongful termination under the law. It's not a wrongful termination unless there is a specific law that prohibits the employer from terming you for the reason they did.

What damages have you ACTUALLY suffered because of this statement? Not, what are you afraid might happen. What jobs have you lost? What money have you not been paid?
 

Nagrom

Junior Member
I agree, there is no such thing as wrongful termination... I get that.

Here is what I'm losing- Based upon my current "book" of business, I am losing out on earning $600,000 ($550,000 after expenses) this year (2006) from the earnings of that particular book of business. This "book" renews every year at approx. 97% retention rate. My historic client growth has averaged 35% a year for the past 3 years; however, the numbers that I have stated above do not take this growth into account.

The Slanderous comment was made to another individual in my industry who is in charge of hiring at another brokerage firm. Most of our business/compensation is based upon "book of business". There was also a statement made by someone at my former employer who knew what my "book of business" size was, yet they stated about 40% less in an effort to make it difficult for me to negotiate a deal my new employer. I was eventually able to back up the numbers and find employment, but this undoubtedly had a negative effect. However, even with finding employment, keep in mind that I am starting from $0 again and my salary is 1/3 what it was and contemplates me acquiring new business to support this amount which is not a simple matter and could easily take 5+ years to achieve the same level of business if I achieve it at all.
 

seniorjudge

Senior Member
Nagrom said:
I agree, there is no such thing as wrongful termination... I get that.

Here is what I'm losing- Based upon my current "book" of business, I am losing out on earning $600,000 ($550,000 after expenses) this year (2006) from the earnings of that particular book of business. This "book" renews every year at approx. 97% retention rate. My historic client growth has averaged 35% a year for the past 3 years; however, the numbers that I have stated above do not take this growth into account.

The Slanderous comment was made to another individual in my industry who is in charge of hiring at another brokerage firm. Most of our business/compensation is based upon "book of business". There was also a statement made by someone at my former employer who knew what my "book of business" size was, yet they stated about 40% less in an effort to make it difficult for me to negotiate a deal my new employer. I was eventually able to back up the numbers and find employment, but this undoubtedly had a negative effect. However, even with finding employment, keep in mind that I am starting from $0 again and my salary is 1/3 what it was and contemplates me acquiring new business to support this amount which is not a simple matter and could easily take 5+ years to achieve the same level of business if I achieve it at all.


https://forum.freeadvice.com/showthread.php?p=884061#post884061


There are thousands of posts similar to yours so I have prepared a standard answer:

Get a lawyer.

Invest $20K and three years.

Sue the bad people for defamation.

If you win, expect them to keep doing it.

If you lose, expect them to keep doing it.


Stand by for other opinions.
 

BelizeBreeze

Senior Member
Wrongful Termination - as quoted, NO.

Slander - No. The statements for cause to terminate you was not a falsehood KNOWN by the company. In fact, the company believed it to be true at the time. So you have no case of slander.

And good luck finding a reputable attorney to take this case. This "book" belonged to your employer as work product so you have no legal claim to it or it's contents.

and you now have employment. "possible" or uncorroberated 'future' earnings are not compensible.
 

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