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Delaware Termination: At Will Exceptions/Other

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mrbob13

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

Executive Assistant to Partner
Wilmington, DE Mid-Size Law Firm
Fired 10 days ago

I think it's important to know that my mindset going
into and throughout my employment was simply to keep my
head down and "stay employed" rather than to rock the
boat. This firm was described as a "toxic" work
environment where a prior sexual harassment matter had
come to pass - but I needed to work.

Interview process: Told that there would be a 90-day
probationary period at the end of which I would sit
down with supervisors and HR to review and decide
mutually on continued employment.

Day One. Among many surprises for a first day at a new
job, no handbook provided. Later that day, the lead
associate for my team sat me down and told me that my
boss did not get along with her office-neighbor and
that this woman could not be trusted for any reason.
If she asked to speak with my partner, I was to find a
reason to keep her at bay.

Days 1-89. Many little things - notably, interview
shared an expectation of occasional overtime. This was
actually a scenario where I was not permitted to leave
each night until they were done with me.

Day 90. Reviews were apparently written with pros and
cons. However, the promised discussion and mutual
decision never materialized. I was only notified of a
general communication concern which I set about
repairing promptly.

Days 91-Termination. Early in this time period, I
became aware of an inappropriate relationship between
my partner and a lead member of the client's team.
Although it was none of my personal business, I was put
in a position where I had to help the partner to
facilitate the relationship - mostly regarding travel
arrangements and steering a spouse and children away
from telephone calls, etc. Then, the accounting team
began to question transactions on the account relating
to these matters (ex: why a one day meeting required
three days of hotel).

In addition, there was this "diversity survey" that we
were asked to take. It was supposed to be anonymous
but the timing of my departure does fall in line with
it to some extent.

My termination was framed in these words (paraphrased)
"your work product is fine and you're a great guy - you
just don't communicate with this particular attorney
and, therefore, you're just not a good fit for this
particular team".

So...it feels like I may have something to say about
this. I have received a written severance agreement
which will, in essence, silence me so I need to be
certain of my next steps. What does anyone see here,
if anything? If nothing is here, I'll walk away.
However, if there is something to be said, I want to
get ahead of it now.


Thank you!What is the name of your state (only U.S. law)?
 


swalsh411

Senior Member
Nothing in your post suggests an unlawful termination. Severance in exchange for agreeing not to sue is common and does not mean any laws were broken.
 

mrbob13

Junior Member
OK...but?

Is there nothing to be said, however, for the promises at the interview or the work scenarios (the environment where I could not say anything for fear of losing the income)? Where "is" that line? How should I have said anything when the HR person never lived up to their promises? Had I complained "during" my employment, and then been dismissed, would I have had a better argument?

Thanks.
 

cbg

I'm a Northern Girl
A better argument for what?

In every state but Montana, and in these circumstances even in Montana, you can be fired for any reason not prohibited by law.

What law do you think was violated? It is not illegal to break a promise. If a promise was indeed made.
 

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