I worked hard for a hospital in Texas for 3 mos and never got any complaints for my performance. I was also paid a lower salary than my counterparts of other races (and they did not have more experience). About 3 days before my 90-day eval. (the end of my "probation period"), my director came to me and said he wanted to extend my probation for another month because I "was not meeting department standards". I continued working and then one week into my extended probation I walked into the office and was promptly dismissed. Texas is an at-will state and employers can terminate you for "any reason" but there was NO REASON. I had 1 absence and the other girl working there had10 abscences and she was only fired after failing to show up or call in. My (former) job was posted for 1 week then filled by an internal "friend" of my director. Also even before I had my evaluation I was told by a friend who works at another place that my director was asking if a girl was interested in my position!
2007-03-28 12:59:48 · 8 answers · asked by TEXY1 2 in Business & Finance ➔ Careers & Employment
The only real effective way to sue for wrongful termination in an "at will" state is to file a Title VII complaint with the EEOC .
They will review your case. And if they find in your favor, then you basically have a legal position in your favor.
Watch out for binding arbitration agreements. Many employers are going to it and most people sign them without knowing what they are giving up.
There are two precedents I know of that ruled for and against arbitration vs EEOC review.
Make sure you didn't sign one of these agreements.
2007-03-28 13:24:03 · answer #1 · answered by Kari 4 · 0⤊ 0⤋
It is not against the law to look for some one else to replace you before they let you go. Some companies do this often, that is why there is no company name listed on ads in some cases so be careful if you are applying for jobs while still working for another company.
Yes, an employer can terminate you "at will" and at any time during the introductory period. And, if they extended your introductory period for the reason you mention did you ask what department standards you were not meeting ?
2007-03-28 13:24:45 · answer #2 · answered by hr4me 7 · 0⤊ 0⤋
Sorry, it doesn't look like you have a leg to stand on. First, it is an at-will state, second, you were still within the probationary period, and third, you were advised you were not meeting department standards which is a reason for termination. When you were advised this, did you ask what you were doing wrong?
2007-03-28 13:23:50 · answer #3 · answered by Mom of 2 4 · 1⤊ 0⤋
Contact EEOC ( Texas Work Force Commission now) on basis of discrimination. Not likely to go anywhere due to the work at will status you mentioned...
Next thing would be to escalate this up the corporate ladder if this was a big hospital.
2007-03-28 13:14:02 · answer #4 · answered by Don W 6 · 0⤊ 0⤋
Yeah I would try and sue. You never know unless you try.
My sister went through something like that. But she worked at a beauty place. She was their best employe. The district person fired her for making 1 mistake.
GOOD LUCK!!! Oh, don't take no for an answer.
2007-03-28 13:08:15 · answer #5 · answered by Anonymous · 0⤊ 0⤋
If he only dismissed you because he had somebody else he wanted to employ in your positiion and you gave him no real reason for dismissing you then i'm sure there's something you can do about it....but you also have to have proof of what he did which could be very difficult to get hold of.
2007-03-28 13:09:08 · answer #6 · answered by Anonymous · 0⤊ 0⤋
If I were in your situation, I would inform the director that I planned to sue.
2007-03-28 13:09:00 · answer #7 · answered by xx. 6 · 0⤊ 0⤋
PROBATION PERIOD..
NO CAUSE HAS TO BE GIVEN
LOOK FOR ANOTHER JOB..
STOP BEING SO JUDGMENTAL....YOUR ATTITUDE ISN'T POSITIVE AND PROBABLY SHOWS IN THE WORK PLACE.
2007-03-28 13:11:22 · answer #8 · answered by cork 7 · 0⤊ 2⤋