Possibly Fired for Being the Highest Paid Employee in a Job Position
My question involves labor and employment law for the state of: NC. Terminated a week ago. 17 years with large company, outstanding yearly reviews, never written up. Non stop pressure to sell an item. Store personnel gave customers coupons to customers to help sell. Boss sent txt several times a day pressuring for results. I asked boss to stop, I was expected to do 3x the rest of my peers. He calls one day and asked if coupons are used, I pulled 6 sales. 2 out of 6 did and I told him that. He comes in a week later and tells me I will most likely get written up. I explained that it was being done all through the company. I made sure to end it immediately. A week goes by, he comes back, fires me.Reason given was, not setting a precedent with associates. Paperwork saidviolating company policy. He also writes 3 other ppl up. He walks me outside talking to me about some made up story that HR had in my file that started the whole chain of events. I'm devastated!!! I'm one of the highest paid in my position and I feel it's the actual reason.
Re: Possibly Fired for Being the Highest Paid Employee in a Job Position
You did not ask a question so I don’t know what it is that you are looking for in response to your post. If the question is whether the employer terminating you because your pay was too high is illegal the answer to that is no. The employer does not have to have a good reason to fire you. All that matters is that the reason is not among the relatively few things that the laws says the employer cannot have as a reason for firing you. The prohibited reasons include firing you because:
- of your race, color, religion, sex, national origin, citizenship, age, disability, or genetic test information under federal law (some states/localities add a few more categories like sexual orientation);
- you make certain kinds of reports about the employer to the government or in limited circumstances to specified persons in the employing company itself (known as whistle-blower protection laws);
- you participate in union organizing activities;
- you use a right or benefit the law guarantees you (e.g. using leave under FMLA);
- you filed a bankruptcy petition;
- your pay was garnished by a single creditor; and
- you took time off work to attend jury duty (in most states).
The exact list of prohibited reasons will vary by state. Since firing you because your pay is too high is not on that list, the employer is free to fire you for that reason.
If I was your employer and thought your pay was too high, I’d first approach you about cutting it and tell you that if you don’t agree to the cut you’ll be fired. Then at least I have a chance to keep a good performing employee at a wage I can afford to pay. The only reason that the employer might try to drum up a bogus reason for termination is to set it up that the termination was for misconduct or something similar that would get you denied for unemployment benefits. If you get denied unemployment then the firing won’t increase the unemployment tax rate for the employer. It’s not right, but some employers do try to play that game.
About all you can do here is apply for unemployment and go from there. From what you described, there is no wrongful termination lawsuit available here against the employer.
Re: Possibly Fired for Being the Highest Paid Employee in a Job Position
File immediately for unemployment benefits, as in before the quarters change next week. Then you proceed with looking for other jobs. But do not say you resigned, let the "fired" thing be the reason, because when you are terminated, without a valid misconduct reason as you have been apparently, it is more difficult for them to keep you from receiving benefits, which the employer will want to do because it costs them money. But even though you are moving on, get the claim filed for unemployment immediately and get it in the works, this is money that you are entitled to if you are out of work for any length of time through no fault of your own, which is what has happened here.
Stress that you always did your job to the best of your abilities, that you did not do something that you knew was likely to get you terminated, that you had always had stellar performance reviews, all are things you need to throw in when you file the claim. If they weren't total jerks, they'd have simply let you go due to lack of work if you were the highest paid person on the job and they wanted to cut labor costs. This happens, very legally, all the time. But they cannot, in this case, cook up some fake reason to terminate you and then keep you from receiving the unemployment benefits that should come your way until you find something else.
Re: Possibly Fired for Being the Highest Paid Employee in a Job Position
Yep, been in exactly that position. Couldn't even make an argument as to age as I wasn't the oldest, just the highest paid (and not coincidentally the longest-serving employee in the company. 21 years I guess means nothing in this day and age).