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Fired/No Witness/No ValidReason/Considering Sueing

  • Thread starter Thread starter sony
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S

sony

Guest
I have been recently fired from my job 1/14/00 as an Executive Assistant in a new start-up company that is only 8 months old. I have been employed for 3 1/2 months. Upon agreeing to the job I was given a salary of $37,500.00 with a guranteed bonus by the end of the year of $2,500.00 making my salary equal $40,000.00 my asking salary. The bonus was guarenteed by the end of the year (December '99) December rolled around and I received no valid answer as to when my bonus would be given and then as time passed no mention of the bonus was ever made again. Before I was fired, I knew something had to be done with my relationship with my employer the C.O.O. because we we're both uncomfortable working with one another. I had thought of resigning from my position. However, the President and CEO are very fond of me and wanted me to wait a day or two while they spoke to my boss and maybe consider moving to me another department. He refused their request and said that I was his employer and why should he consider moving me, even if I would be a great advantage to the company in another department. Upon firing me he called me into a private area, told me that the relationship between us had deterioated and that he was letting me go. The decision was effective immediately and I was to be given 2 weeks severence pay. Now he did all of this without informing the other 2 partners the President & the C.E.O. whom were incredibly upset with the decision, he did not inform human resources about the change so no check was given to me, and he did not have a witness at the time he fired me. Now when other employee's were fired, the Human resources knew and took away their keys, computer accounts , gave severence pay upon leaving and had a witness at the time of the firing. He did none of these steps with me, as well as ignored our agreement re: bonus check. I still have the main office key, file keys, alarm key, I.D. card, e-mail account, no witness, no severence pay. He is a lawyer himself and I thought he would have more commonsense than to fire me just the way he did. But he was not thinking at the time, he just wanted to get me out before any of the partners would know. He gave me one reason for my leave and he gave the partners a totally different reason. The story all in all about my firing process does not make any sense. The pieces do not fit. However, one main reason I think I was fired was because I happen to know about his affair with an office employee and he is a married man with two very young children. He knew that I knew about it and could not stand that. I was one of the best employee's in that company. I would arrive at work a whole hour before time and still leave at the time designated 7pm. During my lunch hour I would continue to take his phone calls so that he would not miss his important business deals, I would handle office affairs when needed and support both the CEO and President whenever needed. I was considered the most valuable employee by the CEO and the President and was to be moved to another part of the company to run my own website. My boss refused the move and anything concerning my advancement within the company. He told me I was being fired because we just didn't work well together. He told the CEO and President that he fired me because I screwed up a lunch meeting ( which was totally untrue). Basically there is so much going on with him that he just wanted get rid of me because I guess he considered me a danger.
After all that I have said (certainly shortened, becasue there certainly is more to say) I would like to know if I have any case for lawsuit on my part. I was told by a lawyer who is also employeed at my job that every move he made was wrong, the big one was no witness. Four employees were fired and each one had a procedure to go through and all were ignored with me. I would like to fight for my job back as well as the money that was promised to me. What is your advice?

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SMP
 


A

Attorney_Replogle

Guest
SMP -- I don't know the law of New York, only California's. So my advice is based on that state's laws. From all you have written, in my opinion you do not have a case for wrongful termination. Unless New York's laws are different, the failure of an employer to follow its own internal termination procedures does not give rise to a claim for wrongful termination. Further, if your state is an at-will state, then your employer had the right to terminate you at any time, with or without a reason. However, you can always, and should get a second opinion. You can find a labor lawyer near you by checking out attorneypages.com.

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Mark B. Replogle
 

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