Wrongful Termination without any discrimination in At Will state- Illinois

[dgibson]

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

Somewhat at a loss for words as I was released by my employer very unexpectedly. I was told during my termination meeting that I was being terminated due to an HR investigation that concluded that I had violated policy. I do not believe I violated policy at all however I was instructed by both my manager and his manager to execute a policy change for certain clients. I questioned whether or not this was change ethical and against company policy to which I was informed it was not by both said managers. Fast forward 3 weeks after executing the directive given to me and I was terminated for violating company policy. All I was told is that the directive THEY instructed me to give to the client ended up in the wrong hands in corporate. Did my managers not entrap me into being terminated? I have spoken to 2 attorneys who have no interest in contingent case because of the at will employment laws in Illinois. Any help or advice would be appreciated.

 

[adjusterjack]

The only advice that anybody can give you is to file for unemployment and seek employment elsewhere.

There was no "wrongful" termination in the legal sense.

 

[cbg]

A wrongful termination does not mean you were terminated for something you didn't do. It means that you were terminated for a reason prohibited by law.

If two different lawyers have not been able to come up with a law that was violated by your termination, I think it's safe to say that you were not, as the law defines it, wrongfully terminated. You may or may not have been unfairly terminated (I don't have enough facts to say) but you were not wrongfully (illegally) terminated.

Did my managers not entrap me into being terminated?

Suppose they did. Unless they did so as a pretext to hide fighting you for an illegal reason (which is not supported by the facts you've provided; nor would the two lawyers you've consulted with overlook that possibility) that is still not prohibited by law.

I don't blame you for being upset. You have a right to be. I'm not saying what happened was fair, or right, or ethical.

But unless you have left out major facts both in your post here and when you talked to the lawyers, I think this is something you're just going to have to suck up and take. File for unemployment and look for a new job - that's about all the recourse I can see from here.

 

[dgibson]

Thank you for the clarification. It just seems amazing to me that manager can instruct an employee to do something that violates company policy and then weeks later fire the employee for carrying out the instruction and state that is the reason. I feel if they would have terminated me with any other reason I understand but to specifically point to an instruction from my management team as the violation, seems unfair.

I know there are a few states that consider employment cases where there is unjust or unfair practice in termination. Illinois is not one of them but my employer base is in CA which is one. Would that be an avenue for filing a suit? Or am I only allowed to be filing in IL?

I also do have the option of appealing the termination thru HR. I am going to take advantage of that but I am torn between heavily documentating and clarifying exactly what happened or would I have a better chance keeping it simply and straightforward? Has anyone had any success overturning a termination?

 

[dgibson]

Forgot to add, after being terminated I did go back and reread the employee handbook and our "code of ethics". What my managers instructed the sales team to do in regards to a change in client policy absolutely violated our employee handbook and internal code of ethics. Is there anything illegal about that?

 

[cbg]

You were working in IL - only IL law applies. CA law is irrelevant regardless of where the company is based. Plus,

I know there are a few states that consider employment cases where there is unjust or unfair practice in termination.

That doesn't mean what you think it means.

What my managers instructed the sales team to do in regards to a change in client policy absolutely violated our employee handbook and internal code of ethics. Is there anything illegal about that?


Sorry, but no.

 

[The Occultist]

All of the ammo you think you're bringing up will not help get your job back for allow you to sue for compensation. However, this ammo would be helpful should you file for unemployment and your ex-employer attempts to fight it.

 

[dgibson]

Thank you all for the responses. I am in the process of appealing my termination thru our own internal channels. Obviously it would be uncomfortable to return to my previous employment. What best practices are there in asking for severance for "unfair or unjust" termination?

 

[cbg]

I don't think there is one.

Look, you have to do what you think is right for you, but let me just give you a few uncomfortable facts: You need to think what incentive the employer has to give you any severance at all. It's not required by law. If you sue them you'll lose since they haven't done anything illegal and I promise you they know that. So what do you have to negotiate with?

 

[dgibson]

I meant I am in the process of appealing because there is one within my company. Anyone terminated has an appeal process to investigate the termination within our company internally.

I understand there isn't a legal reason for them to consider other options rather than "termination by violation of policy" however my ex company is not in the best of places in the media and social networks currently with the proven allegations of opening millions of unauthorized customer accounts as well as employees that attempted to shine light on it and nobody above paying attention. Also I don't believe they would offer an appeal process internally if they were not to investigate claims completely.

They do care very much of protecting their brand and quite frankly what happened was completely wrong. I started asking questions about a policy implemented that was against our internal code of ethics and handbook. I didn't receive answers I wanted and pushed harder and they basically decided to eliminate me so I didn't cause problems for the managers they violated our policies. It's unfortunate that legally it means nothing.

Thank you for all your input on this btw. I really appreciate it.

 

[cbg]

I'm not denying that you got a raw deal. You did. But not every wrong has a legal recourse.

Now, go to your dictionary and look up the word, extortion. And remember that at some point, you are going to need a reference from these people.