I was very unexpectedly fired from my job a couple weeks ago. It was a Thursday when my boss, a dirtrict manager, found out and had me meet her to turn my things and tell me I was terminated, this was a shock to her, she had just put me in charge of a project recently. I talked with some people I worked with today and found out that another district manager I know knew I was going to be fired the Monday of that week and his whole crew knew about it. Noone wanted to call me because they were afraid of getting in trouble. I mentioned that to my mom and she suggested I may be able to sue for breech of confidentuality since it had been discussed with this other district manager and my district manager didnt know until Thursday. I do not want to get this other district manager or anyone in his crew in trouble. If I could prove this could I sue the company? If I did sue would it be worthwhile and not get people I do not want in trouble?
2007-03-19 14:03:55 · 8 answers · asked by David S 1 in Politics & Government ➔ Law & Ethics
I was never given a formal letter of termination with any reasons. All I recieved in the mail is a letter stating my last day of employmant was March 9th and that my insurance ended that day and i have the opportunity to enroll in Cobra and when I would recieve my last check.
2007-03-19 14:19:59 · update #1
I would like to find a reason to sue the company, they have done several unethical things in the last year that I am still investigating the legality. I love the people I worked with and I do not want to see them get away with so much anymore.
2007-03-19 14:36:59 · update #2
You can sue but the problem is that you need the ones who knew to testify... it sounds like they won't. You would do better to sue the employer then get subpoenas...
2007-03-19 17:47:37 · answer #1 · answered by BeachBum 7 · 0⤊ 0⤋
Unfortunately, you probably do not have a cause of action. Your employer is under no duty to keep your employment status confidential. Furthermore, it appears that you are an at-will employee, which means you can be fired for any reason at all (unless it goes against public policy).
Your best shot is to check out your employee handbook/manual. In some states the handbookcan act as a contract, and if it does, then the company must fire you the exact same way as it is outlined in the handbook. Good luck.
2007-03-24 20:24:21 · answer #2 · answered by akbar hakimbisatrkhandeep patel 2 · 0⤊ 0⤋
What exactly would you sue them for ?
What harm was done to you ?
The company had no legal obligation to keep your termination secret.
Think about it, you want to sue, because other people knew you were going to be terminated, before you did.
Again, so what ?
You don't mention the reason for your Termination, so im concluding that you find no fault with that .
You just don't like the idea that others knew before you or your boss knew.
Now if the company is telling people you were terminated for reasons other than the actual reason. Then you might have a case.
But otherwise, you can show no harm done, so just what would you sue for.
.
To the first posted, companies are not required to have hearings to terminate people. notice to the employee can be when you actualy terminate them, you do not have to give prior warnings of termination.
Of course union jobs are covered under the union contract and must follow its rules.
2007-03-19 14:15:48 · answer #3 · answered by jeeper_peeper321 7 · 1⤊ 0⤋
In order to have a valid case you must have some damages (what would you be suing for?). Upper management often discuss their personnel issues with their colleagues. Besides, what confidential breech was there? That you were going to be fired? I think when you stopped coming to work, the other people would have figured it out.
I know you must not be feeling great about all of this, but the best revenge is living well!
2007-03-20 09:40:34 · answer #4 · answered by mikehunt29 5 · 0⤊ 0⤋
breech of confidentiality?
you stated that it was discussed with other district managers not employees. Usually before someone is fired they discuss it over with other managers. So the other manager would know who to look out for if you just magically appear the next day and they know your not suppose to be there.
You do not have a law sue. If you feel differently go for it.
2007-03-26 23:19:27 · answer #5 · answered by Anonymous · 0⤊ 0⤋
The company which employs you is free to discuss you and your employment with anyone within the organization without getting into legal trouble. The only time confidentiality is expected is if your employer discusses you and your position with an outsider with whom they have no contract and that the court would determine that you would have an expectation of privacy from. In other words, if your employer could prove that their communication was essential to their business and that it did no harm to you, you have no case. To be sure, check with a local lawyer within your area.
2007-03-19 14:19:32 · answer #6 · answered by nukehoop 3 · 0⤊ 0⤋
there is honestly NO genuine way that everybody on right here can answer that question with out reading YOUR employ. tremendous. you've a 2 3 hundred and sixty 5 days signed employ. What does it SAY about this. If it says that landlord can wreck it if the living house is bought, or that each one they ought to do is provide note to you, and also you signed and agreed to it, then you definitely won't be able to sue them So, your answer is, we won't be able to allow you to be conscious of in the journey that they breached the settlement in view that we do not be conscious of what's in the settlement.
2016-11-26 23:34:51 · answer #7 · answered by ? 4 · 0⤊ 0⤋
Notice to the employee and hearing must be made in order that termination is valid under the Labor Law. Thus, you can file a case of illegal dismissal against your employer for not observing the requirements of due process in terminating you.
2007-03-19 14:10:07 · answer #8 · answered by FRAGINAL, JTM 7 · 1⤊ 1⤋