Hired for a Long-Term Job, but Fired After One Month
My question involves labor and employment law for the state of: California
My experience in the industry with a leading company was well respected and had achieved many milestones. I resigned from this company for personal reasons and began my own operation. Within months, I was contacted by the biggest vendor in this industry with the intention on entering the direct market. The position that was offered was to build and restructure the company to obtain these goals. I was instructed and given access to anything I needed to make this happen including operation and strategic roles. After traveling and observing what I felt were the obstacles, I reported what was required and identified what needed to be addressed in order to reach these goals. This included identifying my direct higher up as the problem source and lack of leadership. Within a week, I received my termination notice from this person and was not given a reason. I felt somehow my action of identifying his role made for this person to pull rank and gut feeling it was maybe set up in order to "use" my industry knowledge in order to get insight on the operations of a leading company in which previously had played a big role in growing. As I come to dust myself off, I face a discredited image to my performance and character within the industry and having a hard time clearing my name. I feel I can't go on a negative path and open myself to a defamation accusation in doing so. I'm screwed. Understanding the at will position of an employer, I do have a signed hiring agreement which states my role which in the line of work that I do, pertain to "seasons" in which clearly would need years of commitment on my part to obtain what was needed of me. Now I can beat my sympathy drum and say I put aside and closed my newly opened business and reputation but know I don't have a legal stance for a fight. Will my job description and projects that I began during my tenure allow for any legal action defending what I feel is a wrongful termination?
Thank you in advance.
Re: Terminated After 1 Month Employment from Being Recruited for Long Term Company Go
"Wrongful Termination" has a specific meaning.
Which protected class do you believe is being discriminated against?
Re: Terminated After 1 Month Employment from Being Recruited for Long Term Company Go
Quote:
Quoting
Dogmatique
"Wrongful Termination" has a specific meaning.
Which protected class do you believe is being discriminated against?
Not too sure, Im curious to hear and gain a bit of insight. I don't feel there were any sort of discrimination acts committed. I believe the conditions and commitment which was presented and ultimately agreed upon, was not fulfilled. My conclusion is based off comparing this to a business agreement in which contracts are broken and clauses or penalties are applied as a result. Although, there is a document signed by both, I don't believe it to be able to stand on its own, yet I do believe it can prove an implied agreement if I'm not mistaken, can offer protection. I may be talking out of my league but I'd really appreciate any comments from the experts here and come away informed instead of not doing anything about it.
Re: Terminated After 1 Month Employment from Being Recruited for Long Term Company Go
A wrongful termination is when you're terminated solely because you're a member of a protected class such as race, sex, color, etc.
Being fired for wrongdoing, lack of fulfillment of an order, someone not liking you, wearing blue socks and green eyeshadow are not wrongful terms.
However now that we've cleared that up, please tell us more about this agreement you mention.
Re: Terminated After 1 Month Employment from Being Recruited for Long Term Company Go
Thank you for replying.
My position within the company required to organize and implement a new structure to position itself as a year round supplier in the market. This was written along with conversations and messages implying the authority to revise and/or change procedures within their current structure deemed inefficient towards reaching this goal.
The position and goals indicated on the document described my responsibilities which implies a long term commitment in order to begin phasing these strategic steps into place. Terms of salary, benefits, bonuses and vacation/personal time awarded were also laid out once negotiated by both of us.
Drilling more into the politics, they repeated TNT authority specifically towards the performance evaluation of my direct report, which was essentially my boss. I was recruited by an officer of the company (not my boss) and my communication throughout my tenure was with him and an upper management leader. It was clear, which was evident with other employees that I came to know, my direct report was not performing as they would have liked. This increased the confidence and ability to observe and report what I was hired to do without the fear of stepping toes given my assignment from the top.
Tension began right away with me second guessing current procedures and friction implementing new ones., which eventually led to my dismissal by my direct report. (Mind you, on record this person had no experience in the industry which is why I was brought in) No reason given other than his statement "I'm no longer seen in part of the company's future "
I feel the objectives presented to me, described as responsibilities and duties for the position, are bound to a long term commitment by industry standards. The politics itself is a questionable fight in the eyes of the law, but I feel strongly that I was erred by my dismissal given this agreement
Re: Terminated After 1 Month Employment from Being Recruited for Long Term Company Go
Thank you for clarifying.
While CA is very employee-friendly, I see no wrongdoing by the company. You didn't have a CBA (collective bargaining agreement), enforceable contract and you're not part of a union; this means that you can be fired for pretty much any reason (and for no reason at all).
Sorry, but the best advice I can give you is to file for UI and keep looking for other employment.
Re: Terminated After 1 Month Employment from Being Recruited for Long Term Company Go
Have to agree with Doggie here (she learned from the best) that this is not a wrongful term as defined by law. Not even close, sorry.
However, you are welcome to discuss your situation with a local attorney to determine if you actually do have an enforceable agreement under your state laws. I wouldn't count on it but it's your money to spend.
Re: Terminated After 1 Month Employment from Being Recruited for Long Term Company Go