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  1. #1
    Join Date
    Jan 2005
    Location
    Florida
    Posts
    3

    Default Imminent firing

    My husband works in a mangerial postion for five years at a mid size pharmaceutical company. In the last year, he has been made to be the "scapegoat" for problems that were out of his control. The problem seems to be the CEO and the owner of the company but they refuse to accept responsibility and would rather pass the buck. In the last month it has been painfully obvious that they are going to fire him. In fact, today he saw an ad posted for his job on Monster. He confronted the CEO who denied it and said he had no knowledge of the ad. Obviously he was lying. He did tell my husband that there have been concerns in the last year but that they would be discussed at his review which is in a few weeks. My husband realizes that his firing is coming. He is starting to get together a resume and get started on a resume. Is there any legal ramifications for this firing? Can a company fire you when they are blaming you for problems that are of your making? Should he just take the firing or seek an attorney

  2. #2
    Join Date
    Sep 2004
    Posts
    758

    Default Possible Future Termination

    It is no fun to be scapegoated at a place of work. This, unfortunately, is a relatively common phenomenon, particularly where a supervisor doesn't want to take responsibility for problems within a department. To put it mildly, it is no fun for the employee.

    However, in an at-will employment setting, being unfairly held responsible for problems in a department is unlikely, of itself, to support a wrongful termination suit. There can be exceptions - for example, if the supervisor has selected the scapegoated employee for unlawful reasons, such as race or gender, that may support a lawsuit. Also, if there is a contract of employment, a formal disciplinary process within the workplace, or the employee is the member of a union, there may be additional protections for the employee.

    Your husband would likely benefit from speaking with an employment lawyer about his situation. Even if he has no legal action, it may help him to get a full understanding of his legal rights.

  3. #3
    Join Date
    Jan 2005
    Location
    Florida
    Posts
    3

    Default

    Thanks for the advice AAron. I am not sure if any of these reasons would apply for the firing. My husband is continuing to get his resume to together. He is doing minimal work at his employment. I am not sure this is smart but he says that why should he 'kill" himself anymore. They have been interviewing all week at least he thinks so. He has reason to believe they are listening to his phone calls at work. Is this legal? For example, he asked for his timesheet so he knows how much vacation time he has left on the phone. Five minutes later an employee goes into who he asked for and says she needs to know all the vacation times for everyone and not to give info to employees. Coincidence? I don't think so. Also his boss asked for a list of vendors and contact numbers for "insurance" purposes. My husband doesn't want to give it to his boss because the company would be lost without it. It would only help the next person in his job. So far, he has been stalling but he doesn't know how much more he can stall. Any advice?

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