FIRED!! (wrongful dismissal R ?)

Unknown

Exactly 5 months after starting a job, I was let go without notice.I passed the 3 month probationary period with flying colors and have made significant contributions during my time there.There were no disciplinary issues. I never missed a day of work, never late, never pulled into an office to talk about anything I was doing wrong, etc.I was told that I was being let go because of "fit". The real reason (I assume) is that the manager wants to replace me with the temp who has become a smoking buddy over the same period of time.I'm no lawyer, but this sounds like wrongful dismissal. That said, I have only been employed with them for 5 months.Is it worth my while to take legal action?What can I expect in terms of financial compensation, and how long do these things take before being resolved?Thank you in advance for your help and advice.

SoulOnIce

What is "fit?"

Electrode

A company can do that without notice. You, I assume, signed a paper agreeing to those terms. Whether it's unfriendly and bad form is up for debate, but it's perfectly legal.

Gary

damn, you shoulda joined a union!

Unknown

By "fit", I was told that I was not "entrepreneurial" enough.

I pointed out 4 things I had done that were "entrepreneurial". Numbers were doubled over the same period last year that prove my work.

Manager then talked about my need for "structure" (asking questions about accounts I was responsible for) and that they can't provide me with "structure" (ie) she can't be bothered to answer any questions I have--I need to go figure shit out on my own.

LaserWolf

damn, you shoulda joined a union!

Unknown

A company can do that without notice. You, I assume, signed a paper agreeing to those terms. Whether it's unfriendly and bad form is up for debate, but it's perfectly legal.

There is nothing in the contract about being let go without notice, and there is such a thing as 'employment standards'.

phongone

http://en.wikipedia.org/wiki/At-will_employment

At-will employment is a doctrine of American law that defines an employment relationship in which either party can break the relationship with no liability, provided there was no express contract for a definite term governing the employment relationship and that the employer does not belong to a collective bargain (i.e., a union). Under this legal doctrine:

??? any hiring is presumed to be "at will"; that is, the employer is free to discharge individuals "for good cause, or bad cause, or no cause at all," and the employee is equally free to quit, strike, or otherwise cease work.[1]

Jonny_Paycheck

was it an "at will contract"?

CousinLarry

Yeah, the only exception to at-will is if they let you go based on race, age, gender or another protected class.

CousinLarry

Oh and they have to pay 65% of you cobra if you have health insurance. You can thank Obama for that.

ZEN2

I believe at-will is state by state. You'll need to see if your state is one of those.. I know Virginia is one.

maru

Yeah, the only exception to at-will is if they let you go based on race, age, gender or another protected class.

and that's always difficult to prove

Rockadelic

Call your State Employment/Workforce Commission.

Explain your story and ask if you have a case.

It's free.

Big_Stacks

Exactly 5 months after starting a job, I was let go without notice.

I passed the 3 month probationary period with flying colors and have made significant contributions during my time there.

There were no disciplinary issues. I never missed a day of work, never late, never pulled into an office to talk about anything I was doing wrong, etc.

I was told that I was being let go because of "fit". The real reason (I assume) is that the manager wants to replace me with the temp who has become a smoking buddy over the same period of time.



I'm no lawyer, but this sounds like wrongful dismissal. That said, I have only been employed with them for 5 months.

Is it worth my while to take legal action?

What can I expect in terms of financial compensation, and how long do these things take before being resolved?

Thank you in advance for your help and advice.

Hey,

I'm sorry to report this, but essentially, you haved no recourse if you were employed in an employment-at-will state. As others have pointed out, you might have some footing if you're a member of a protected group (e.g., racial-ethnic minority, woman, older worker 40 and above, disabled, etc.), but most discrimination claims made to the Equal Employment Opportunity Commission are dismissed without merit (check it out here EEOC Charge Statistics). Plus, the EEOC only takes on very egregious cases of discrimination, particularly class action suits, given the costly nature of such litigation. You're better off devoting your energies to finding another job. I'm sorry to hear of your misfortune and I wish you well.

Peace,

Big Stacks from Kakalak

batmon

damn, you shoulda smoked w/ dude!

faux_rillz

was it an "at will contract"?

I doubt whatever document he was referring to is actually a contract--that's probably the first clause.

Grafwritah

What is "fit?"

Kind of a crappy Wikipedia article:

http://en.wikipedia.org/wiki/Personality-Job_Fit_Theory



Better known as person-job fit, or p-j fit.

Unknown

Thank you all for your input and advice. I live in Soviet-Kanuckistan and will have a quick consult w a labour lawyer to see if it's worth it. I will spend the majority of my energy on moving onto another job.

Thanks again, guys.

Brian

More time for important charity work?

bassie

I live in Soviet-Kanuckistan

you can always try the United Gold-Plated Wonderland States of Atlantis - I hear their economy and social programs are amazing.

Unknown

More time for important charity work?

Wow. Really dude? Way to kick someone when they're down. I mean, ideologies aside, losing your job on some wack pretense is tough. You're STILL not over that shit from months ago?! lol...

Unknown

I live in Soviet-Kanuckistan

you can always try the United Gold-Plated Wonderland States of Atlantis - I hear their economy and social programs are amazing.

Sorry Bassie. I was trying to be cute. I'm actually Canadian.

Ex-Boyfriend

yeah, you'd be better off trying to find a job where errybody dont hate you.

aka

Which province are you in? I'm in BC, I know our Employment Standards Act outlines notice requirements for terminations . Any employer can terminate any employee without cause and have them leave immediately, they just have to pay them for the notice period. There will be a statute for whatever province (territory?) you're in, just google it, it should be easy enough to navigate.

bassie

I live in Soviet-Kanuckistan

you can always try the United Gold-Plated Wonderland States of Atlantis - I hear their economy and social programs are amazing.

Sorry Bassie. I was trying to be cute. I'm actually Canadian.

Me too - trying to be cute and being Canadian.