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  1. #1

    Default Can You Claim Wrongful Discharge Over a Violation of Termination Policy

    I have recently been terminated from my employer and while reviewing my documentation from them I discovered that a prior coaching that had been placed on me had expired 2 months prior to the termination taking place. The policy that the employer has is that you get 3 coaching and after the 3rd coaching it results in termination. I had 3 coachings, however one expired 2 months prior. According to the policy my termination should have resulted in a 3rd coaching and not a termination. Also another manager at the employer was coached for the same incident and not fired. Is this grounds for a wrongful termination case because they violated their policy's and also enforced the action inconsistently among parties involved? Any help would be greatly appreciated, I have an unemployment appeal hearing on the 10th, however I am interested in pursuing a wrongful termination case upon these new discoveries.

  2. #2
    Join Date
    Apr 2009
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    Somewhere near Canada
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    Default Re: Violation of Termination Policy

    A wrongful termination is a termination based upon a legally-protected characteristic.

    Which characteristic do you believe is the basis of your termination?

    http://legal-dictionary.thefreedicti...ul+termination

  3. #3

    Default Re: Violation of Termination Policy

    I believe the basis of my termination falls under
    Some examples of wrongful termination occur if an employer laid off or fired an employee:
    In violation of a state or Federal discrimination law (1)
    In violation of the employment-related provisions in the Fair Credit Reporting Act or Bankruptcy Act
    In violation of rights granted by the First Amendment to the U.S. Constitution
    In violation of a state voting leave law
    In violation of the employer's own discharge policy
    In breach of an explicit or implied contract of employment or an employer-union collective bargaining agreement (contract law)
    In breach of the covenant of good faith and fair dealing
    According to the constructive discharge doctrine (2)
    Because the employee would not break a law (public policy violation)
    Under the guise of a false statement of fact
    For jury duty (Judiciary and Judicial Procedure Act)
    Insufficient Cause (3)

    http://www.lawyersandsettlements.com...F#.UabckkAWI2s

    They terminated me in violation of their own discharge policy. It should also be stated that the termination was called a "Poor business decision". A non-terminable offense with the employer based on their policy's.

  4. #4
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    Massachusetts
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    24,521

    Default Re: Violation of Termination Policy

    Google, at-will employment. Then, find the law (not a blog on a law board; an actual statute or a case law) that says you cannot be fired in violation of company policy.

    Then come back here and tell us what you find.

  5. #5

    Default Re: Violation of Termination Policy

    To state a claim for breach of contract under Pennsylvania law, a plaintiff must
    allege: (1) the existence of a contract, including its essential terms,(2) a breach of a duty
    imposed by the contract, and (3) resultant damages. Ware v.Rodale Press, Inc., 322 F.3d

    http://www.paed.uscourts.gov/documen...s/08D0320P.pdf

    This case would full under an Implied-in--fact contract, which is supported in Pennsylvania.

  6. #6
    Join Date
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    Default Re: Violation of Termination Policy

    Quote Quoting newberryle19
    View Post
    To state a claim for breach of contract under Pennsylvania law, a plaintiff must
    allege: (1) the existence of a contract, including its essential terms,(2) a breach of a duty
    imposed by the contract, and (3) resultant damages. Ware v.Rodale Press, Inc., 322 F.3d

    http://www.paed.uscourts.gov/documen...s/08D0320P.pdf

    This case would full under an Implied-in--fact contract, which is supported in Pennsylvania.
    OP needs FACTS and EVIDENCE to prove this (more than her testimony IMO). But why is being bad at your job reason for being denied benefits?

    Who knows what infraction the OP was involved with (late, no show, who knows) ... the employer may have been justified in this case - I simply have no idea.

  7. #7
    Join Date
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    Default Re: Violation of Termination Policy

    The courts have ruled over and over that company policies seldom rise to the level of a contract. In order to prove to the courts that your former employer's policy does rise to the level of a contract, you will need a very good attorney, a lot of money, and a lot of time.

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