View Single Post
Old 09-10-2004, 11:12 AM   #15
lookout123
changed his status to single
 
Join Date: Apr 2004
Location: Right behind you. No, the other side.
Posts: 10,308
ok, if you have recently filed a complaint of any type with the company and an individual who was a part of the complaint was involved in the decision to terminate you will be able to pick your lawyer because they will generally line up to take your case on a contingency basis. anything that even remotely appears to be retribution is a big no no. that is why, generally, if there are performance issues after a whiste blowing event, the managers in question would not be involved with the disciplinary action.

most major companies require a 4 step process to terminate anyone outside of their probation period. each step has to have a minimum of 30 and a maximum of 60 days before it. the steps are 1) Verbal warning (stop what you are doing, here is how to get on the right track again. 2) if behavior continues, 30 days later = written warning. 3) if it still persists, final written warning. 4) if you just keep going down the path Termination.

That is a 120 day process that requires very careful documentation on the part of the supervisor with signoff from HR along the way. written warnings have to have your signature acknowledgin receipt. these MUST be kept in personnel file.

The exception is if you are found guilty of fraud or flagrant violation of company policy which may have opened them up to a lawsuit.

If this wasn't the case then i would recommend not speaking to your previous employer, but contacting a couple of attorneys to hear what they say and go from there.

but from what you have told us i would say you have a good case. i know that if i was in their shoes i wouldn't even go to court over it. there will be depositions and they will call you names, but they will settle for $$$$$$ to keep their name from the front page.
__________________
Getting knocked down is no sin, it's not getting back up that's the sin
lookout123 is offline   Reply With Quote