I think I have a wrongful termination case...I was told I couldn't talk to fellow employees?

Question

I have been a dedicated employee. A situation arose at work and I was suspended pending an internal investigation. I was told that I wasn't allowed to speak to any other employee and they were all informed that they were not allowed to speak to me. No communication, not even after work. They are assuming that I violated that rule and they terminated me. I was told that this was the specific reason I was being fired. Is that legal in the state of Texas? I think I have an EEOC case. From what I have read, I have a discrimination/disparate case. I think that my HR department agrees because they offered me a severence package of $3000 plus six weeks of paychecks if I signed an agreement not to take legal action. I told them I would signed if the terms were changed to $15,000 plus 12 weeks of pay and benefits. Does anyone know if I have a leg to stand on?

I don't or didn't work at Convergys.

The situation is that a fellow coworker was harassed via text messages. There was some manipulation in the computer system and at first it appeared as though I was involved. That is now figured out, however, I was fired because they feel that I broke company policy by talking with fellow employees.

As for a standard severence package, there is none. Most people are just let go in this company.

They offered me this package when I asked for a letter stating why I was terminated. The company has three other lawsuits pending.

I don't or didn't work at Convergys.

The situation is that a fellow coworker was harassed via text messages. There was some manipulation in the computer system and at first it appeared as though I was involved. That is now figured out, however, I was fired because they feel that I broke company policy by talking with fellow employees.

As for a standard severence package, there is none. Most people are just let go in this company.

They offered me this package when I asked for a letter stating why I was terminated. The company has three other lawsuits pending. They said they wouldn't give me a letter, that the settlement would be in lui of that.

Answer 1

I had a similar situation, only in NY. I spoke with an attorney, and I could have had a case if I wanted to front $10000 for legal fees.
I think you would have a case, but it would depend more on the specific circumstances. I hate to say it, but you should consider fronting the consultation fee with an attorney before considering taking any kind of deal. Companys don't usually offer deals like that unless THEY think there is a case!

Good Luck...and stick it to 'em!

Answer 2

First just because a company offers an employee a severance/settlement package it does NOT mean that the employee has a valid lawsuit. Companies offer settlements for a variety of reasons; the employee did good work, the circumstances of the termination were unfair BUT NOT ILLEGAL, or they just do not want to have another lawsuit and more legal bills. So, DO NOT base your decision on that offer.

It sounds like you were terminated not for the initial computer issue but because some how someone said you spoke to another employee about the incident. Whether you did or did not do this the termination is still legal. Unless you are under a union or employment contract that guarantees your job, you are an at will employee who can be fired for ANY THING except discrimination.

As for discrimination, the EEOC www.eeoc.gov lists discrimination as actions based on age, sex, religion, ethnicity, national origin, race, color, disability, military or marital status. In order to have a valid claim of discrimination you must be able to prove that what happened to you happend because of one of these factors. You do that by pointing to another employee in the same/similar job, who had the same circumstances, of a different sex, race, etc., and who was not fired.

As for playing the negotiation game with the severance, be very careful. Many employers offer severance packages on a 'take it or leave it' basis. You start changing the terms and the employer can legally withdraw the offer. In the Chicago / Northern Illinois area severance packages are usually one week's pay for every year worked.

You need to hire an attorney in your area who specializes in employment law. There may be other factors which were not posted that could turn this into a discrimination case. Your state laws may offer another avenue to sue the employer. Also an attorney has experience in negotiations and will not lose the entire amount by playing games.

Answer 3

Let me guess, do you work at convergys??

I sued those bastards already, I thought that this crap was over and done with.

first of all, if they offered you 3000, they are not going to give you 15000. You will likely have to get a lawyer to assist you with this, because you haven't given a reason as to WHY you were supended, or what the situation was.

You weren't just told not to talk to people. You were told not to talk to anyone while you were suspended.

Yup it sounds like convergys all right.

It sounds like they have been heavy handed, cold, callus and uncaring of your loyalty and dedication to the company. The are now engaging in bullyish behavior that is causing you severe emotional turmoil. GO TO A DOCTOR RIGHT AWAY>>LIKE TOMORROW, and tell them you are emotionally ****** up because of this event. That way, 6 months from now, when you are presenting to a judge, he can't ask, OH if you were such an emotional wreck, why didn't you seek medical advice??

Learn from someone who made mistakes in the past. Screw these guys to the wall.


GO TO A DOCTOR. its the best advice I can give you. You are in such emotional turmoil, you haven't been able to function, eat, sleep or maintain a semblance of a reasonable life. Add a few more things here...................""

Answer 4

Uh, no. I have no idea of why HR would offer such a nutty settlement because you have NO case.

You are NOT being discriminated against. There is no law that states that you have to be treated equally or that you employer even has to like you. As long as they are not discriminating against you based on race, religion, etc.

You VIOLATED company policy during your suspension...they have a legal right to do that. That protects YOU, and that protects THEM.

I also think you have misunderstood the offer. Depending on how long you were employed, that may be their standard severace package and it is NORMAL for them to have you sign papers stating that you will not take ANY LEGAL action and that INCLUDES filing for UNEMPLOYMENT benefits.

Be very, very careful that what you THINK the offer is....is what it is.

Update: I'll be honest with you...I think you may have HEARD that there are 3 pending lawsuits, but you wouldn't have access to that information...that sounds like office gossip. How do you know they don't have a severance package for terminated employees? It doesn't mean they give it to everyone.

They also DO NOT have to give you a written reason of why you were terminated. There is no law on the planet that states any company has to do that.

Sorry, but you are fishing to make big $$$$ when you don't have a case. When you call around for attorney's, they will tell you that when the employer told you to keep your trap shut, you should have listened. Next time, you'll know.

Answer 5

You must speak with a lawyer. A good law firm specializing in this field will know what your rights are in Texas. Particularly if you have been offered a severance package. Don't be intimidated and don't sign anything. If you have signed in the meantime that could be construed as intimidation and you still need legal counsel. If the company has given you anything at all in writing take it with you when you see your lawyer.

Answer 6

If they offered you any settlement with a proviso that you not bring a legal action, there is a good chance that they are in the wrong, In a case like this you do not seek an answer from YA but you refer it to EEOC.

Answer 7

You could contact the State Department of Labor and the U.S. Department of Labor, you may just have a case. If you can afford a labor lawyer that would help also. Good Luck.

Answer 8

maximum companies have a coverage against workers discussing pay between one yet another. that could desire to contain any problems with pay besides. Your husband desires to be extra careful approximately who he shares assistance with. He ought to flow whoop that rat bastard, nevertheless. i think he could be eligible to entice unemployment for that nevertheless.possibly he ought to flow and observe till now catching up with the snitch.