Legalities Of Workplace?

Question

I am currently involved in a wrongful dismissal lawsuit. I recieved a promotion at my ex-employers and was subsequently dismissed (by someone who told me they were my boss, not the CEO of the corporation (the CEO that hired me) within 4 weeks of the promotion. My dismissal was also excused with the adage: this is was on a trial basis'. I have worked for the company for over a year and filed no 'new position' paperwork indicating I was in a 'new job'. My case also has several other strong points behind it, which I will not get into, but I have been told by lawyers already it is rock solid. What I need to know is that, does the '90 day trial period' law that allows summary dismissal for a new hire, apply to a 'promotion' within the same company? I've never heard of this being practiced before but I want to find out as much as possible before paying a lawyers consultation fee. Any help is appreciated. Thank you,

Answer 1

It would probably help you to get good answers if you say where you live. I assume you aren't in the US, with your mention of a 90 day trial period law and that lawyers have said your case is rock-solid - most places in the US operate under Employment at Will - then unless you have an employment contract, you could be dismissed at the will of the employer as long as it wasn't because of something like your race, gender, religion....

If you're in the US and do have an employment contract, then the terms of the contract would most likely govern the situation and override Employment at Will.

Answer 2

The "90-day trial", or "probationary" period, is something of a myth. Most companies these days have moved to an "at will" policy, which theoretically allows the company to terminate an employee at any time, for any reason, with or without notice. Of course, copanies are wise not to use "at will" as an excuse to summarily dismiss a long-term employee with a strong performance record.

The court will review a number of factors, including length of time with the company, past performance evaluations, other documentation in the employee file (disciplinary actions, etc.)

The burden of proof will be on the employer to defend its actions. If, for example, the employer has a past practice of providing a formal evaluation to employees within 90 days of an internal transfer or promotion, the court will expect to see that documentation for your case. If you were given a performance improvement plan, the court will expect to see evidence that you knew of that document and proof that you did not achieve the stated objectives. If the employer's written policies do not specify a 90-day trial period for internal transfers, then one does not exist.

It really boils down to what exists in writing, and whether the employer has followed its own documentation.

Good luck.

Answer 3

I have heard of a number of companies that place employees on a 90 day introductory period when transferring them or promoting them. In a number of cases people get promoted and do not work out. Typically, unless there is a case of misconduct or will ful violation of company policy, the employee would be transferred back (if possible) or moved to a similar position.

My suggestion to you is save your money and do not hire an attorney. Go to your local office of the E.E.O.C. (Equal Employment Opportunity Commission) and file a wrongful termination claim against the company. If the commission finds that your claim has merit they will rule in your favor and may provide you with legal representation to pursue your case.