Wrongful termimation

This is a discussion on Wrongful termimation within the Hiring, Firing, Wrongful Termination forum, part of the LABOR & EMPLOYMENT LAW category; Employee was wrongfully written up .. reason...non-performance by a manager who was newly employed. The new manager quit after being ...

Consult Your Own Personal Lawyer Now!
Reply

 

Thread Tools Search this Thread Rate Thread Display Modes
Old Jul 27th, 2009, 04:15 PM   #1
Junior Member
 

polo1970's Avatar
 
Join Date: Jul 2009
Posts: 2

Default Wrongful termimation

Employee was wrongfully written up .. reason...non-performance by a manager who was newly employed. The new manager quit after being on the job for 3 wks. In the disciplinary action, the employee was given one month from the date of the write-up to correct a technical issue or the employee will be fired. The correction of the technical issue was contingent on Management purchasing equipment that will be used to resolve the technical issue. Two months after the disciplinary notice, the employee's management failed to purchase the equipment. The employee was terminated...the HR manager sited 'at-will' clause and non-performance. The new manager who wrote the disciplinary action did not sign the document before quitting. Employee never had prior disciplinary action and Management had never questioned her work. Please, is there a legal remedy here for the employee [wrongful termination]. Edit Report
polo1970 is offline   Reply With Quote
Sponsored Links
Our lawyers can help you avoid foreclosure to salvage your home, buy time to pay mortgage debts, and resolve your financial troubles. Consult Your Own Personal Lawyer Now!
Old Jul 27th, 2009, 05:35 PM   #2
Top Level Member
 

sunlover's Avatar
 
Join Date: Dec 2008
Location: USA
Posts: 650

Default Re: Wrongful termimation

You need to Google "at will". It coveres your answer. Wrongful termination is a termination that violates law, cba or, employment contract. I see none of these in your post
__________________
Legal advice comes from an Attorney you share a client Attorney relationship with no other!
www.retailtheftanswers.org
sunlover is offline   Reply With Quote
Old Jul 28th, 2009, 11:43 AM   #3
Junior Member
 

polo1970's Avatar
 
Join Date: Jul 2009
Posts: 2

Default Re: Wrongful termimation

Thank you for the answer, but the question is this.....should the employee be terminated after the employer was not able to provide the employee with the resources needed to complete her project, which was the reason why she got a disciplinary action in the first place? Because at the time of termination, the employer had not provided the equipment needed for the completion of the project.

I googled and read 'at-will' clause.

Was the at-will clause, though stated in the employee's manual, not used as a 'ruse' to get the employee terminated? The employee was not a trouble-maker at the office.
polo1970 is offline   Reply With Quote
Old Jul 28th, 2009, 12:33 PM   #4
Top Level Member
 

sunlover's Avatar
 
Join Date: Dec 2008
Location: USA
Posts: 650

Default Re: Wrongful termimation

Once more "nothing illegal" was done in this termiantion! In order to have a successful wrongful termination there must be a violation of law, cba or, employment contract. The company is not even bound (by law) to follow its own employee handbook! You are free to consult an Attorney but he will likely tell you the same thing or ask for huge retainer with no guarantee of results
__________________
Legal advice comes from an Attorney you share a client Attorney relationship with no other!
www.retailtheftanswers.org
sunlover is offline   Reply With Quote
Reply

Bookmark & Share

This thread has 3 replies and has been viewed 156 times

Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes Rate This Thread
Rate This Thread:

| More

Posting Rules
You may post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off

Format Your Messages
Add Forum to Google Toolbar
Forum Jump

Similar Threads

Thread Thread Starter Forum Replies Last Post
Wrongful Death Scottiejman Other Criminal Law Matters 2 Mar 3rd, 2009 05:06 PM
Wrongful incarceration? Unregistered Civil Litigation 0 Apr 12th, 2008 02:22 AM
Wrongful termination?? Unregistered Hiring, Firing, Wrongful Termination 0 Feb 23rd, 2008 10:24 PM
wrongful termination klbears34 Hiring, Firing, Wrongful Termination 0 Jan 21st, 2008 03:50 PM


Our lawyers can help you avoid foreclosure to salvage your home, buy time to pay mortgage debts, and resolve your financial troubles. Consult Your Own Personal Lawyer Now!


All times are GMT -5. The time now is 08:50 PM.