I fear I am about to be wrongfully terminated. Can you help?

[baylor3217]

What is the name of your state (only U.S. law)? Texas

I was called in by my boss and a representative last week whereby they proceeded to talk to me for 90 minutes about my "poor performance". In the end, I was handed a document detailing (although very generally with little to no specifics) what we had discussed.

I was told they plan to meet with me again in about a month to follow up on my performance.

I have been an employee of this privately held company for a decade. On each of my reviews for a decade now, I've been a "Meeting expectations" or "Exceeds".

In fact, I was given a bonus less than a month ago with a letter stating in short that I was receiving this bonus, something I've never received in the decade I've been here, for "recognition for your performance and dedication to the company in 2014".

Let me know out a few bullet points to maybe help the smart people on here respond in a more organized fashion to my questions and concerns:

1) I was told this was my "second strike". I asked what the first strike was and they said I was given a "formal verbal warning" in late January. Those words were never used with me during that discussion which I'm not even sure I recall. To make something an official verbal warning, should I have received something in writing to make that stick? COuldn't it just be a he said / she said otherwise? They seem to be using that to set me up to expedite my termination even though I never officially knew I had a 1st strike

2) The document I received has little to no specifics. It says things like "we have observed unacceptable behavior. Specifically, you allow your staff to work with little to no direct supervision." No specific examples or dates are given. THat's all it says. Is it wrong to ask for specifics? I'm not even sure what they're talking about. I'm doing the same thing I've been doing for a decade.

3) A new person was recently hired to implement a new process. I worked very little with her, but the perception is the new process she was hired to implement didn't go as perfectly as it could have. It was by no means a failure, but it seems she is being blamed for the short comings and possibly shifting the blame to me. Again this is a he said / she said. I've never been given this feedback before but she showed up 4 months ago and now all the sudden I'm on my 2nd strike in less than 2 months. Knowing that management will likely take her side since she's one of them, how can I make this point clear without being overly defensive?

4) The direction I was given for the next 30 days was to "effective immediately, I expect you will be actively involved in the deficiency resolution process over the next several weeks." I'm already actively involved in it every single day. SHouldn't they have to give me more specifics on what I'm not currently doing and how I could do it to their satisfaction? Again, they didn't set any expectation there would be weekly touch points with them to review my performance. Nothing. Just a meeting in a month where it seems they will likely say I wasn't "actively involved" and then I will get terminated.

5) I'm probably going to be asked to sign this document early this coming week. The way it is written is so vague and un-specific and subjective that I in no way agree with what's written, nor can I tell specifically what I've all the sudden done wrong in the last 3 months to have TWO STRIKES against be and about to be walked out the door after 10 years of dedication and quality service to the company. SHould I not sign it? Should I require that they amend it or be more specific before I sign it? There's a place for comments, but signing it seems like I'm endorsing their feedback and I want myself to be in as defendable a position as possible should I Have to get a lawyer.

5) As a female in my late 30s, I'm not sure what recourse I have here. I appear to be being thrown under the bus by another female that arrived 120 days ago and didn't effectively do her job. Should I ultimately be terminated here in 30 days, 1) should I go ahead and get a lawyer now and if I got one now, or later, what difference would it make? What possible positive outcome would that have for me before being fired or after being terminated I do really like this job or I wouldn't have stayed here for a decade. I can't believe my company isn't standing by me so it seems something else may be at play here (maybe I'm paid too much now. Maybe they want to squeeze me out so they can put one of the new people's friends in my position).

Either way, I am extremely disappointed that a career I've worked a decade to grow and maintain a longstanding positive reputation appears to be 1 strike away from being taken away from me with a meeting that randomly occurred last week.

6) It's also clear to me that my company may have done a few things that are technically illegal. I am afraid to bring it up as they may just use that against me, but if it could defend my job, I may have to so any insight on what I should do there would be appreciated as well.

Do you have any suggestions on how I can protect myself from this wrongful action?

Apologies in advance for the long post but i wanted to provide as much detail as I could. I'm sure everyone in this situation feels like they are being wrongfully singled out, but after a decade of quality reviews, a bonus award 30 days ago for my good performance and now to all the sudden have 2 strikes and being 1 strike away from losing this job, I can't sit back and take this injustice. Please help.

Thank you

 

[eerelations]

Just curious, how can you be so sure certain words weren't used in a conversation you can't recall?

 

[baylor3217]

Just curious, how can you be so sure certain words weren't used in a conversation you can't recall?

1) I know for a fact I was NEVER told "this is an official verbal warning"

2) since that was never made clear and I talk to my boss multiple times per week, I'm not clear which conversation he may be referring to as the "official verbal warning"

Maybe that clears up what I was trying to state I was unclear about. I know there was never a time I was told I was given my first strike and this was an official verbal warning. I wasn't clear on what conversation he was referring to in my write up that was the "official" one he was referring to.

 

[eerelations]

Based on the information you've provided, if your employer fires you it will not be a wrongful termination as defined by law. Google "at-will employment" for details.

If you report your employer's illegal acts to the relevant external authorities, you may have protection from being fired for making such a report. However, your employer will be legally free to fire you for pretty much any other reason.

 

[cbg]

A wrongful termination means that there is a specific law - not a company policy; a state, Federal or municipal LAW - that is being violated by your termination. So far I'm not seeing any evidence that any laws are being violated, or would be violated by terming you.

1.) By law, they are not required to give you any warnings at all. You can be fired immediately and on the spot, with no warnings of any kind, and it would not violate any laws at all.

2.) It is not wrong to ask for specifics, but no law requires that you be given them even if you ask.

3.) If you are looking for a way to make this point that will protect your job,there isn't one.

4.) It would be nice for them to give you specifics but the law does not require them to do so.

5.) Signing the document does not mean that you agree with the contents; it means that you have been advised of management's view on the matter. IMO, there is no downside to signing it and refusing to do so may be playing into their hands, since you can be fired on the spot for your refusal.

6.) So far, you have not listed anything your employer has done that is illegal, technically or not. Do YOU have any specifics?

Please note that I am not saying you are being treated fairly or that I approve of the employer's actions. However, nothing that you have posted suggests that your employer is doing anything illegal or that terminating you would be a wrongful termination as defined by law. Google, at-will employment.

If you have additional details that you believe would change the answers, I would be happy to review them.

 

[baylor3217]

A wrongful termination means that there is a specific law - not a company policy; a state, Federal or municipal LAW - that is being violated by your termination. So far I'm not seeing any evidence that any laws are being violated, or would be violated by terming you.

1.) By law, they are not required to give you any warnings at all. You can be fired immediately and on the spot, with no warnings of any kind, and it would not violate any laws at all.

2.) It is not wrong to ask for specifics, but no law requires that you be given them even if you ask.

3.) If you are looking for a way to make this point that will protect your job,there isn't one.

4.) It would be nice for them to give you specifics but the law does not require them to do so.

5.) Signing the document does not mean that you agree with the contents; it means that you have been advised of management's view on the matter. IMO, there is no downside to signing it and refusing to do so may be playing into their hands, since you can be fired on the spot for your refusal.

6.) So far, you have not listed anything your employer has done that is illegal, technically or not. Do YOU have any specifics?

Please note that I am not saying you are being treated fairly or that I approve of the employer's actions. However, nothing that you have posted suggests that your employer is doing anything illegal or that terminating you would be a wrongful termination as defined by law. Google, at-will employment.

If you have additional details that you believe would change the answers, I would be happy to review them.

Thank you for the feedback. Looks like I don't have much recourse and may just be the next person to get screwed at the whim of my employer.

 

[baylor3217]

so for example, let's say i was late to 2 meetings. Could my employer fire me on the spot for that? If so, could I sue them? And if I could, would I be guaranteed to lose that lawsuit?

That seems to be what I'm reading here. I had no idea it was so easy to get fired I guess.

What would any of you do in this situation?

 

[commentator]

Since you are obviously being marked for termination, there are some steps you can take. First of all, forget about getting "more specifics" about why you're being written up, what you did wrong, etc. Let them go with it, put on their little show, write you up for whatever.

But be sure to document, while you can still remember it completely, exactly what you have been told. Save several copies of your warning letter. Save all the performance reviews, employer performance reviews, commendations, etc. that you have received in the past. VERY IMPORTANT. Get these documents quickly, get hard copies of everything, and make sure you have it at home, so if you are blindsided and walked out of the building by security some fine day soon, you won't have to leave everything on the company email or on your computer, where you may be denied access immediately upon termination.

When you meet with them to sign this document, as it has been said, it matters not at all whether you sign it or not. Tell them something like that you are very surprised that your performance has not been up to their expectations, and that in the future you will, as you have been in the past, work very hard to make sure you do everything as you should be doing it. Don't argue, complain or threaten. There's no threat. But do emphasize that you are shocked, and that you will try your very hardest in the future.

DO NOT let them talk you into something like resigning to "save your reference" or for "a more professional looking exit" or something. Many companies will try to encourage an employee to quit the job, threatening to fire them to scare them into quitting, though the choice is not theirs. That's so you will be less likely to be able to draw unemployment benefits while you are out of a job and looking for the next one. Do not give them this. Make them go through it, and actually fire you for performance issues if they are going to. It is very hard to prove you had a valid misconduct reason to fire somebody for performance. Employers do not seem to realize this. And contrary to what they might tell you, being fired for cause, when it's a made up cause, is not a huge black mark on your record. Quitting isn't a better option, unless of course you have another excellent job to move on to.

If you are fired, you file for unemployment benefits, and what you say is that you worked there for xxx amount of time. You were being given good evaluations, and bonuses, and you had NO indication that your job performance was unsatisfactory. You tell them that you had no idea and were not told that the meeting you had earlier had been an "oral warning." You had not been told in any way that your job was in jeopardy. Stress how you always did your job to the best of your abilities.

There's no misconduct involved in not meeting your employer's performance standards. They can set those standards so high you could never reach them. But unless you're actually, deliberately slacking, knowing that your job may be on the line, as long as you can say you are doing your best, then whether or not you're pleasing them isn't going to be a misconduct poor performance issue.

And while there is no wrongful termination involved here, unemployment insurance is a recourse, and if they terminate you this way without a valid reason, which the unemployment system will determine, not the employer, it will cost them money, as their unemployment tax rates will be raised. You do not need an attorney to work through an unemployment appeal, you can do this yourself.

Meantime, you be doing some job searching while still working there. Once the handwriting is on the wall, companies rarely get you off their radar, and your time there is very likely limited. So it would be helpful if you had another job to go to, instead of having to file for unemployment when fired. Do keep doing your job to the best of your ability, keep a positive, professional outlook, and keep careful records of everything you might need moving forward as you anticipate a sudden termination in your future. I know it's painful, but it happens a lot, and it will certainly move you into something new. Good luck to you.

 

[eerelations]

so for example, let's say i was late to 2 meetings. Could my employer fire me on the spot for that? If so, could I sue them? And if I could, would I be guaranteed to lose that lawsuit?

That seems to be what I'm reading here. I had no idea it was so easy to get fired I guess.

What would any of you do in this situation?

You really need to google "at-will employment" as I recommended.

Yes, you can legally be fired for being late for two meetings. In fact you can be legally fired for never being late to any meetings! You can even be legally fired for wearing green socks to work, or for not wearing socks at all. And you cannot sue if your employer hasn't done anything illegal.

If I was in your situation, I would start looking for a new job right away. And while job hunting, I would do everything I could to get along with my employer, so that when reference-checking time rolls around, my employer might feel kindly enough towards me to provide a good reference. And do what commentator says.

 

[cbg]

so for example, let's say i was late to 2 meetings. Could my employer fire me on the spot for that? If so, could I sue them? And if I could, would I be guaranteed to lose that lawsuit?

That seems to be what I'm reading here. I had no idea it was so easy to get fired I guess.

What would any of you do in this situation?

Yes, you could be fired on the spot for being late for one meeting, let alone two. You would have no legal grounds on which to file a lawsuit, and if you did file one, you would lose.

 

[baylor3217]

You really need to google "at-will employment" as I recommended.

Yes, you can legally be fired for being late for two meetings. In fact you can be legally fired for never being late to any meetings! You can even be legally fired for wearing green socks to work, or for not wearing socks at all. And you cannot sue if your employer hasn't done anything illegal.

If I was in your situation, I would start looking for a new job right away. And while job hunting, I would do everything I could to get along with my employer, so that when reference-checking time rolls around, my employer might feel kindly enough towards me to provide a good reference. And do what commentator says.

I'm sorry I didn't respond on that earlier. I have googled it as you said. I am well versed in the "protected classes" and as a female, I guess I'm in that protected class, but would have to prove I was fired because I was female and that's not likely the issue. I'm not a liar or a thief so that wouldn't sit well on my conscience anyway.

What I'm trying to now understand, since my company, at least as I see it, is trying to squeeze me out, is when i likely get fired, can i sue and get some kind of settlement? The basis of the suit that I have in my mind (that I'm a model employee, recognized as such with an award bonus a month ago, a decade of solid and exceptional reviews with no mention once in 10 years of the issues that magically showed up in this "write up") may have no legal basis, hence why I'm here.

GIven all that and if I lawyered up, would that be a fools errand? I have no perspective on what someone in my position based on what I've share with y'all can expect in a best case scenario. In a worst case, of course, i'd spend tens of thousands of dollars and not get a penny.

Thoughts on what getting a lawyer may do for me? thx

 

[eerelations]

As I have said before, and as others have said, you cannot sue your employer if your employer has not done anything illegal. And since what's going on with you and your employer right now is perfectly legal, you have no basis for a lawsuit. A lawyer needs that before he/she can do anything. In summary: no lawsuit = no lawyer.

 

[cbg]

You would not receive a penny. You can be the best employee in the world and if the boss wakes up one morning and says, I've got nothing to do today, I think I'll fire someone, and pulls your name out of a hat and fires you, it would be completely legal and the only legal recourse you would have would be apply for unemployment benefits. Your best case scenario would be that the judge felt sorry enough for you so that he did not give you a tongue-lashing for wasting his time, and instead simply dismissed your case out of hand without tearing strips out of you for filing a frivolous lawsuit.

I don't know how to make it any more clear than that.

For the record, everyone in the world is in at least three so-called protected classes. We all have a race, we all have a gender and we all have a national origin.

 

[baylor3217]

You would not receive a penny. You can be the best employee in the world and if the boss wakes up one morning and says, I've got nothing to do today, I think I'll fire someone, and pulls your name out of a hat and fires you, it would be completely legal and the only legal recourse you would have would be apply for unemployment benefits. Your best case scenario would be that the judge felt sorry enough for you so that he did not give you a tongue-lashing for wasting his time, and instead simply dismissed your case out of hand without tearing strips out of you for filing a frivolous lawsuit.

I don't know how to make it any more clear than that.

For the record, everyone in the world is in at least three so-called protected classes. We all have a race, we all have a gender and we all have a national origin.

Thank you for the clarify. Again, my apologies for my ignorance and desire for crystal clarity. It's by nature, what I do for a living. I appreciate everyone on here's willingness to give someone new to a bad situation like this their time so I could explore all my options and prepare accordingly.

Again, thank you.

 

[Chyvan]

You may think your employer is trying to squeeze you out, and that may be true, but they are trying to do one better. They are trying to make it so that you won't get UI. Texas is very big on making "poor performance," or what many other states treat as "inability," into misconduct. One of the ways that TX makes that determination is by saying, "you used to do your job acceptably and now you're not, so it must be willful and delibrate."

Problem with your performance reviews is that they do prove that you did a good job. Things you want to get proof of are things that might thave CHANGED. If you had a quota and were meeting that, and then they raised it, that would be a defense to the you-used-to-do-a-good-job-and-now-you-aren't argument. When they raised the quota it was more likely that you used to meet the old one and are not meeting the new one. Those are the things that will help you with your UI.