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Legal Help!!!
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Legal Help!!!
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
Unjust Dismissal – do I have cause for action?
My employer terminated my employment relationship today; I was the HR Manager and had been with the company for one year. (I have over 15 yrs of H
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Forums » Topic Forums » Legal Forum » Legal Help!!!
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Legal Help!!!
posted at 7/23/1999 8:07 AM EDT
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Posts: 5
First: 7/5/1999 Last: 7/28/1999 |
Unjust Dismissal – do I have cause for action?
My employer terminated my employment relationship today; I was the HR Manager and had been with the company for one year. (I have over 15 yrs of HR exp. at this level). Employer said “it’s just not working out…. I’ve counseled you before about not being a team player and hoped you would improve,…I just don’t see this working, you are not a team player and your employment relationship is terminating” Events leading up to my dismissal – …my employer offered the following …. “you always tell me things that should not be done or were done wrong (related to HR situations, but never what could or should be done”.) Employer said, it’s not just her/him… other members of senior management feel the same way…”they can’t come to HR, HR isn’t supportive..” Example employer used…”I failed to obtain keys from a terminated employee (during an exit interview I conducted this week) – keys that unlocked a room with marketing materials and promo items, etc. – keys that employer specifically called me about during the exit and said “get keys”; (separated employee said she/he was going back to dept. and would give to manager so I said ok, ) Employer continued…”the Manager had to show documentation to CEO before coming to HR to make sure there was enough in case HR questioned it…(I guess that meant in case I had questions to ask about the reason(s) for the dismissal?). Here’s my POV: I worked in an environment that favored some members of management over others, that used non-performance factors in appraisals and did not act on factual information. My employer did not want to know the facts that would explain any of my actions in the performance of my job as the HR Manager…but rather would support conduct that could be considered unethical in my opinion. It created a hostile work environment…and conspiracy to “get rid of me”? Do I have a basis for a claim or am I just angry that I lost my job? (I am in a protected class and reside in Texas) |
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Legal Help!!!
posted at 7/24/1999 10:44 AM EDT
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Posts: 833
First: 6/11/1999 Last: 8/23/2001 |
You said you were the HR manager, so there's no need to go through the employee-at-will drill; you've heard it enough, I figure.
Without an employment contract, expressed or implied, if would seem that you're stuck, unless you feel that the characteristic that places you in that protected class was the basis for the decision to separate you, in which case the EEOC is the place to go. |
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Legal Help!!!
posted at 7/26/1999 1:51 AM EDT
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Posts: 2217
First: 6/16/1999 Last: 12/13/2001 |
Based on your response to Jim, I assume no agreement to modify the employment at will relationship, or evidence of discrimination based upon your membership in a protected class. Other than the EEOC, the only other avenue would be a Texas attorney (familiar with Texas fair employment law), with whom you could discuss your situation in greater detail. Good luck with your future endeavors. |
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Legal Help!!!
posted at 7/26/1999 9:55 PM EDT
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Posts: 5
First: 7/5/1999 Last: 7/28/1999 |
At one time my former employer named several employees that in her/his opinion would not be long term employees, (gen x employees) and then proceeded to name employees, (including me) that would probably retire from the company...she/he would often make stupid remarks like this without thinking, (I often bit my lip - but apparently not often enough). Maybe I will speak with a TX. Attorney...., I don't know right now. Thanks for replying. |
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Legal Help!!!
posted at 7/28/1999 12:49 AM EDT
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Posts: 67
First: 7/20/1999 Last: 6/30/2000 |
I know you probably don't want to hear this, but . . . if I were you, I'd consider this a lesson learned and move on with your career. How many employers do you think will want to hire you, an HR person, with a record of suing a company? You will not be able to hide the fact that you sued a company . . . someone will know/find out.
I don't think, unless you are just about to retire, that you want that on your career record. Food for thought . . . |
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