Wrongful termination

[Airseabattle]

I am from Nevada. From my very first day, I was bullied at work. I tried to talk to my managers about it and they told me to deal with it because I was still under my introductory period. Said if I keep complaining they will likely term me. I hoped to just stick it out and but it continued. I didn't go to HR because I feared they'd tell my managers and I would be terminated. However, I did write numerous times to an executive within the company about what was happening. She told me she would make sure to let someone know to keep an eye on the situation.

I ended up getting released on probation. They said it was performance issues but the only feedback I have ever gotten from management was that I was excelling. Customers seemed to love me as well. In our employee handbook, the company promised to protect us from bullying and to treat us all fairly. It also said if they felt we weren't performing well that they would inform us and they follow progressive discipline. That didn't happen. Do I have a strong case if I were to take this to court?

I don't want to go to court for a payday. I loved my job.

 

[eerelations]

Bullying at work is not inherently illegal unless it's based specifically and directly on things like the victim's race, religion, gender, disability and/or age (if the victim is over 40). As a result, employers are not legally obliged to stop workplace bullying that's based on things other than race, religion, gender, disability and/or age. And they are legally free to fire people who complain about this type of legal bullying.

Unfortunate but true.

However, if you believe the bullying you experienced was based on things like your race, religion, gender, disability and/or age, then you may have a case for wrongful termination. Please describe the nature of the bullying you experienced so that we can determine if it was based on things like your race, religion, gender, disability and/or age.

 

[cbg]

Based solely on what you've posted, you not only do NOT have a strong case; you don't have ANY case. It is possible that additional details will change that answer, but you're going to need to be very specific about what was being done that you term as bullying, from whom, and your best guestimate as to why.

 

[Airseabattle]

Hello eerelations and Cbg,

Thank you for taking the time to help me. Are either of you familiar with the implied contract clause and how it applies in Nevada? I read that would very much help me in this case. I do not know much about the implied contract or how it works in Nevada but I was hoping that because the handbook promised to protect us from bullying and to treat each of us with respect ( in these words " our promise to you") and to take action if we report a hostile work environment that the implied contract would apply? They didn't help me.


They pretty much told me to take it. And the whole time this was happening, I was being promised by a senior member of management ( at a sister site though not at my property) that I would not be fired and she would back my up. I told her my coworkers have told me that they are plotting to make me look bad to management because they think our acting head manager hired me to spite them.

She said our company doesn't tolerate that and she won't allow that. It's all in writing. I believed her because under our open door policy, I was allowed to go to anyone of authority within the company and I felt safe with her. Plus she worked with my vice president a lot and promised to keep him informed.

The official reason is that I failed to perform to standards but I know and can prove that's a lie because all my feedback was positive. The only time I didn't know what I was doing was at the very beginning. I was terminated by a head manager I had never even met right after my own head manager (who adored me) left.


Sorry if this is too much info. Also, I do feel I was discriminated due to age because we work in a looks based role. However, not because I'm older so I doubt it's protected. I'm in my 20s they're all older

 

[eerelations]

An implied contract clause is a unwritten clause in a bona fide contract. The concept of an implied contract clause is irrelevant to employee handbooks because employee handbooks are not bona fide contracts. As a result, employers are not legally required to abide by the contents of their employee handbooks.

Verbal promises made by senior managers without the authority to make such promises on behalf of the employer are not contractual either.

Employers are not legally obliged to tell employees they're firing the truth about why said employees are being fired.

It is perfectly legal for managers to fire employees they've never met.

As I advised previously, age discrimination is only illegal if the recipient is over 40. You have said you are in your 20s so while you may indeed have experienced age discrimination at the hands of your former coworkers, it was not illegal discrimination.

 

[Airseabattle]

An implied contract clause is a unwritten clause in a bona fide contract. The concept of an implied contract clause is irrelevant to employee handbooks because employee handbooks are not bona fide contracts. As a result, employers are not legally required to abide by the contents of their employee handbooks.

Verbal promises made by senior managers without the authority to make such promises on behalf of the employer are not contractual either.

Employers are not legally obliged to tell employees they're firing the truth about why said employees are being fired.

It is perfectly legal for managers to fire employees they've never met.

As I advised previously, age discrimination is only illegal if the recipient is over 40. You have said you are in your 20s so while you may indeed have experienced age discrimination at the hands of your former coworkers, it was not illegal discrimination.

You are likely right. However, I think I should speak with a lawyer. I'll make an appointment tomorrow. I think you are credible but I have so many questions and I know you have limited time and other obligations. It wouldn't be fair for me to expect you to answer all my questions for free. Trust me, I ask so many questions that even those close go me at times get annoyed.

I have read of cases where passages from the employee handbook were treated like a contract. I'm not a lawyer so I don't know what the judges were thinking. I just know it has happened. I want a lawyer to explain to me ( if possible) why in those cases, passages from the handbook were viewed as implied contract but not in my case.

I know what my termination paper says, though. They gave me a copy. I know for a fact the allegation on it is false. so maybe a Nevada lawyer would be able to provide insight. Thank you for your time.

 

[eerelations]

Just as an FYI, I have 30+ years' working experience researching and analyzing employment law, and advising senior management on same. And cbg has even more experience than me.

Feel free to ask me any questions you may have. I have time - I am retired and this is what I do.

Finally, as I said before, employers are not legally obliged to tell the truth about why they are firing employees. A false statement on a termination paper does not mean you have a case for wrongful termination.

 

[commentator]

Unemployment insurance is the venue where you fight it out about whether or not the employer had "good cause" to let you go. And that's what you do when you are terminated. You file a claim for unemployment insurance and see if you monetarily qualify. If you have worked for covered employers during the last five quarters, about the past 18 months, that should do it. Since you have worked for this one only for a short time, they won't be charged quite so much if you are approved to draw, but to keep you from drawing unemployment benefits, which are YOUR ONLY RECOURSE that I am seeing here (34 + years in unemployment and employment services experience) they'd have to show that they had a valid misconduct reason to terminate you.

And what I am seeing during your brief stay there is that you failed immediately to get along with your co workers. They were, as you said, "bulllying" you and you complained mostly to not the logical people you should've complained to, if you were going to, your immediate supervisors or your human resources, you went over all their heads and complained to a higher up than they were. And what happened of course is that since you were a probationary employee, and were about to be come an obvious squeaky wheel and complainer and somebody who was going to go over their heads all the time, you got put out. This may turn out to get you unemployment insurance, but it is HIGHLY doubtful, unless there is some big old EEOC red flag that we're not seeing here that you have any kind of lawsuit against the company for letting you go during your probationary period. Don't spend too much money on that attorney unless they want to take your case on contingency. If they see a case, they will do that. Otherwise, you're wasting money and time, and you should move on, just as your company has moved on. You were simply not a good fit here.

 

[Airseabattle]

Unemployment insurance is the venue where you fight it out about whether or not the employer had "good cause" to let you go. And that's what you do when you are terminated. You file a claim for unemployment insurance and see if you monetarily qualify. If you have worked for covered employers during the last five quarters, about the past 18 months, that should do it. Since you have worked for this one only for a short time, they won't be charged quite so much if you are approved to draw, but to keep you from drawing unemployment benefits, which are YOUR ONLY RECOURSE that I am seeing here (34 + years in unemployment and employment services experience) they'd have to show that they had a valid misconduct reason to terminate you.

And what I am seeing during your brief stay there is that you failed immediately to get along with your co workers. They were, as you said, "bulllying" you and you complained mostly to not the logical people you should've complained to, if you were going to, your immediate supervisors or your human resources, you went over all their heads and complained to a higher up than they were. And what happened of course is that since you were a probationary employee, and were about to be come an obvious squeaky wheel and complainer and somebody who was going to go over their heads all the time, you got put out. This may turn out to get you unemployment insurance, but it is HIGHLY doubtful, unless there is some big old EEOC red flag that we're not seeing here that you have any kind of lawsuit against the company for letting you go during your probationary period. Don't spend too much money on that attorney unless they want to take your case on contingency. If they see a case, they will do that. Otherwise, you're wasting money and time, and you should move on, just as your company has moved on. You were simply not a good fit here.

Well, I never fought back hence why I call it bullying and not an actual confrontation. My immediate supervisors had no idea I went above them. My term paper says it was for failing to meet standards and that I had too many mistakes. But there isn't any documentation. after everything I've reported, corporate got involved.

I'm not even past probation but someone at work told the union Stewart what happened and they decided to make an exception and represent me. I am very surprised. I did not know that I was even covered under the collective-bargaining agreement until after I passed the probationary period. However, I was told that my case was special?

The union is scheduling an appointment next week for us to have a sit down with the head of HR. Also, my employee access card was just reactivated. I was also paid via direct deposit with everyone else. I was initially told that I would be paid a paper check because I am terminated but that I won't receive it until I return my access card and all company property. I haven't returned anything.

I'm not sure what is going on but if I have no case, Im not sure why my company would do all that. But who knows? I'm very confused. I Will be sure to keep everyone updated because if it turns out that I do have a case, I want to be able to share this with everyone so that I may help someone else in a similar situation.

 

[eerelations]

I'm not even past probation but someone at work told the union Stewart what happened and they decided to make an exception and represent me. I am very surprised. I did not know that I was even covered under the collective-bargaining agreement until after I passed the probationary period. However, I was told that my case was special?

The union is scheduling an appointment next week for us to have a sit down with the head of HR. Also, my employee access card was just reactivated. I was also paid via direct deposit with everyone else.

And all of this happened on a Sunday afternoon? Wow.

 

[Airseabattle]

And all of this happened on a Sunday afternoon? Wow.

No last week. A few days ago I informed corporate. I went and checked my mail today and found out that they sent me notices that I was sent direct deposits. so I logged in with my access number and saw everything was working again. I have been in contact with the union Stewart For a few days now. I wasn't sure how much the union could even do for me. I simply asked questions here because I was hoping to get in touch with someone who might know the Nevada employment laws quite well.

I want to make clear that my access number was reinstated without the company knowing I even went to the union. They will find out that the union is involved when the union steward places the call to HR on my behalf .

Edited:
Interesting. I just pulled out a copy of my offer letter. My offer letter specifically says that my "employment is subject to the terms of a collective bargaining agreement." But I thought that only took into effect after the probationary period? I was always told until you finished the probationary term that you aren't part of the collective-bargaining agreement? I am just as confused as everyone else

 

[commentator]

Well, maybe your attorney will be able to help you work it all out. In the meantime, don't count on giving hope to all the hopeless who've been unjustly fired after being bullied. Even as part of the union's collective bargaining agreement, and with the union rep working for you, there's no way you're going to show that you've been "wrongfully terminated" or that you're going to be able to sue your employer for firing you in your at will state. Unemployment insurance approval maybe, but as for the rest, I hope you get reinstated with back pay and all that, fully vindicated and everything, but I can hardly believe it's a great possibility.

 

[cbg]

You still haven't identified specifically what was being done that you've classified as bullying.

 

[Airseabattle]

Well, maybe your attorney will be able to help you work it all out. In the meantime, don't count on giving hope to all the hopeless who've been unjustly fired after being bullied. Even as part of the union's collective bargaining agreement, and with the union rep working for you, there's no way you're going to show that you've been "wrongfully terminated" or that you're going to be able to sue your employer for firing you in your at will state. Unemployment insurance approval maybe, but as for the rest, I hope you get reinstated with back pay and all that, fully vindicated and everything, but I can hardly believe it's a great possibility.

Thank you. Yes I am so very confused. Now I am wondering if I am even at will? The handbook says that we are all at will with the exception of those who are under a collective bargaining agreement. I always knew that my job title was part of the collective bargaining agreement but I thought an individual had to finish their initial introductory period before they get the privilege of being covered by the collective bargaining agreement. I will let you know what the lawyer says. Thank you so much for your well wishes . I do appreciate it.

Like you I have no idea what a lawyer will tell me but I am hoping to learn that maybe in Nevada that we have more rights than we realize and if that is the case I will definitely be sharing this because no one should have to go through something like this

 

[Airseabattle]

You still haven't identified specifically what was being done that you've classified as bullying.

I have had trainers walk off the floor and go home because they did not want to train me. On the way out they would tell me it is nothing personal but management knows not to stick them with new girls. They said they'd rather use fmla than train me. So management would tell me to wing it but if I'm lucky sometimes they're able to find another girl willing to train me.

Girls would tell me that it doesn't matter how well I do and how much customers like me . They say it only takes one of the more senior girls to get me terminated. I have been called stupid on the floor by them in front of customers. I've Been shoved repeatedly on "accident."

Girls with more seniority would make a mistake on the floor and would tell the customers it's me. Even though it wasn't me. Even when I'm not even there because I'm on break. I have had girls push me out of my section even though it was in clear violation of the union rules but management would tell me to just take it .


And a manager told me to take it because I will never matter as much as the girls with more seniority and I definitely don't matter during the introductory period. I was told that I was weak and if I thought others would be nice to me then I'm naïve. She told me knows they pick on me and scape goat me but it's the nature of the business. I never fought back or even tried to defend myself to the girls because I really believed that I was beneath them . That I don't matter. All of this I wrote to the executive on the same day that it happened. She told me she was documenting all of this.

Corporate was appalled when I told them what happened and they told me that even though the executive I confided in did not work on our property, I was allowed to go to her under the open door policy because she is still a person with authority ( for the one above who said me going to her made "no sense.").