| Author | Message | ||
     Growler |
Does anyone know if a case can be made for someone getting fired for no apparent reason? Example: come to work on Monday and get fired. No prior written or verbal warnings given. Only excuse is that the employer says his accountant told them to "do something." Then goes on to say that the employee is a good worker and they are appriciated. No other employee gets fired. Not even the ones that have prior warnings. I know its not right but are there any legal actions than can be taken? | ||
| Lseltzer |
It's called a layoff, isn't it? | ||
| Njjoseph |
I believe it would be called a layoff, and I also believe that there is a minimum number of people that would have to be laid off in order for certain procedures (i.e. advance notification) to be followed. Since employees are hired and kept on at the will of the employer, there's not much that can be done unless there's a case of discrimination. | ||
| Greenetree |
Growler- how many employees do the same job as this one? Could've been this is the most expendable position. How long was the employee with the company? It's easier to get rid of a new person. If an employee with more tenure & a warning got sacked, there would most likely still be legal repercussions. Is it possible they were singled out because he/she is known as someone who will take it without fighting back? How many employees work for this firm? Unless there is a contract, employment is usually 'at will'. It ain't fair, but most labor laws are for the benefit of the employer. If the employee had seniority over others in similar job titles, they can make a fuss & tell the boss they are going to consult a lawyer. Does the person have written copies of good performace reviews? If so, perhaps they can get a package (did they get a package?). With more details, we can give you more insight. | ||
| Njjoseph |
True, without a lot of details, good advice can't be given. Employment contracts are always cancellable, but there is usually a provision to say a minimum amount of severance or notice. For non-union jobs, seniority doesn't mean a hill of beans. In layoffs, performance doesn't, either. Packages, severance and notice aren't mandatory when the layoffs don't hit a certain number of employees. | ||
| Mem |
Growler, I think they really have to cite a credible reason in this case. I was surprised when I got laid off, but I was told it was budgetary due to 9/11 (my company lost over $500,000,000). | ||
| Njjoseph |
I'm not sure they do, Mem. They SHOULD, for ethical reasons (or is it moral reasons), but I don't think they have to legally. Obviously, the accountant's advice to management was finance-related. I'm sure that Growler's comment "do something" is probably not the exact phrasing, nor was it complete, so I'm thinking there is a reason, albeit one that Growler or his/her friend don't buy. | ||
| Growler |
To answer all of the questions in more detail (and let's say that it was me that got fired and something didn't seem to add up, hence asking for advice)... Njjoseph: when told "do something" that was the exact phrase. Confusing. Greenetree: I'll answer in sequence. 1) only one employee did the job I did. 2) the position was not expendable. No one else knew how to do what I did. 3) 11 months. I was the 2nd highest ranking person in the company. 4) as you can see, I'm seeing if fighting back is futile or not 5) including the owner, 6 (now 5) 6) no performance/review was ever given. It was supposed to happen at the 3 or 6 month mark but was alway put off. Then I was told it would happen at the year mark. Then this. There were no verbal or written warnings and I was always praised for doing a good job. I realize that this may be a layoff situation but to come into work and then be told to leave with little excuse seems wrong. On the flip side, if anyone needs an employee or knows of someone that needs an employee, I available! :-) | ||
| Greenetree |
Growler- With a small shop like that, you don't have a lot of options. Unfortunately, with your 11 month tenure & no written evaluations, you don't have a case. It definitely sucks (I now know of 3 people who got axed with no warning 2 weeks before X-mas), but you have little repercussion. It is possible (likely) that the business is suffering & the owner decided that in order to survive, he/she has to change direction & eliminate the aspect that you were in charge of. You don't say what you did, what kind of business, your gender or ethnicity. However, depending on those issues, perhaps another employee (fairly or not) complained about your behavior in some fashion. In a company that small, rather than face legal repercussions from the complaintant, maybe you were let go. Since the owner did not acuse you of this, or make any statements that could be considered libelous, you don't have a case. If he/she says something negative to a future employer looking for references or prohibits you from collecting unemployment (says you were fired for cause with no back-up documentation), then you may have an actionable cause. Bottom line, I sympathize with you, but I don't know that you can do much about it. I would be very cautious if you talk to a lawyer & they say they can help you. They may be looking to take your money. I'm not a lawyer myself, but have quite a bit of background in the HR area on these matters. | ||
| Growler |
Thank you Greenetree. Your advice has been good. And I'll swallow the bitter pill of unemployment. YUCK! | ||
| Wharfrat |
Growler- Laid off is a definite downer, you have my sympathies. Has your former employer offered you out placement services? How about any glowing recommendations when you seek new employment? Both, either, or may provide some closure, and help you land a new job. Good luck! | ||
| Johnny |
Growler; If you had no contract and were employed "at will" I don't think you have a chance. Since you were the second highest ranking employee, I'm assuming that you had the second highest salary (after the owner). This and your brief stay with the company would make you a prime target in a time of financial crisis. Also, I have learned over the years that there is always someone else that can do your job in your absence. Who was doing it a year ago before you were hired? | ||
| Ignatius J Citizen Username: Ignatius_j Post Number: 277 Registered: 8-2003  |
If you got fired in New York you are out of luck. New York is a 'Right To Fire' state. They don't need a reason to terminate your employment. | ||
| Tom Reingold Citizen Username: Noglider Post Number: 3726 Registered: 1-2003  |
They don't need a reason to fire, but if the reason was on the list of forbidden reasons, then you have a case. Odd, yes. So if you can prove it's because of your religion, for example, you can make a case. But how do you do that? Note that this is a very old thread, started almost three years ago. |
