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Terminated 'For Cause' to Avoid Paying Severance

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  • 08-23-2007, 10:51 AM
    michgineer
    Terminated 'For Cause' to Avoid Paying Severance
    This happened in the state of Michigan. In brief, I was hired as a direct employee by a company last year. I was let go after 8 months on the job without an explanation other that it was not working out between myself and my supervisor. I had recently signed an employment agreement with the company. The employment agreement allowed the company to dismiss me 'for cause' without severance or 'without cause' and 90 days severance. The employment agreement also stipulated that within the first 90 days of employment I was on probation and could be dismissed without severance. Since I was dismissed within 90 days of having signed this agreement my employer assumed that they did not have to pay severance. I had in fact been at the company for 8 months and received a positive end of probation review after 90 days. I contacted an attorney who sent them a letter along with a copy of my end of probation review asking for the 90 days severance. The company sent a letter back informing us that they had in fact dismissed me 'for cause' and had informed me of this when they terminated me. This is completely false. I never received any written or verbal warnings for the 8 months I worked there. They are manufacturing the 'for cause' reasons to avoid paying severance.

    My question is this. Until now my and my attorney's understanding of this case was that it was a simple contract dispute. As such I could sue the company for my 90 days severance but that is all I would be able to recover. Does the company's lying about my cause for dismissal in order to avoid paying severance change the case? Could this case now be a wrongful termination in violation of public policy or defamation/libel case allowing me to recover attorney's fees?
  • 08-23-2007, 11:16 AM
    cbg
    Re: Terminated 'for cause' to avoid paying severance
    There is no legal right to severance; therefore I can't see where there would be any kind of public policy violation here. Nor do I see that the definition of defamation has been met - what false statements were made to someone other than you, which cause (what) damage?
  • 08-23-2007, 11:47 AM
    michgineer
    Re: Terminated 'for cause' to avoid paying severance
    Lying in order to avoid paying severance does not cause any damages?
  • 08-23-2007, 02:58 PM
    cbg
    Re: Terminated 'for cause' to avoid paying severance
    Stay with me, here.

    To have a claim for defamation, here is what must happen.

    Someone must make a false statement about you.

    They must make that statement to a third party (not to you yourself).

    As a result of their making that statement, you must suffer damages (think money).

    Now, I'm going to ask you again. What false statement was made to what third party, and what damages did you suffer because of the statement to the third party?
  • 08-25-2007, 04:33 PM
    michgineer
    Re: Terminated 'For Cause' to Avoid Paying Severance
    My supervisor falsely told the president of the company that I violated the employment agreement. The damages are a loss of 90 days of severance pay.
  • 08-26-2007, 12:16 AM
    cbg
    Re: Terminated 'For Cause' to Avoid Paying Severance
    Fine. Since you are convinced that you have a slander claim, contact a local attorney and discuss it with him.
  • 08-29-2007, 09:58 AM
    michgineer
    Re: Terminated 'For Cause' to Avoid Paying Severance
    Does anyone have any legal experience with the particulars of a case like this?
  • 08-29-2007, 11:52 AM
    mlane58
    Re: Terminated 'For Cause' to Avoid Paying Severance
    Quote:

    Quoting michgineer
    View Post
    My supervisor falsely told the president of the company that I violated the employment agreement. The damages are a loss of 90 days of severance pay.

    If you have an attorney, why aren't you asking him/her these questions. If your supervisor believed that you violated your employment agreement, then he/she wouldn't be making a false statement---you don't have a case
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