Question for anyone that can help

[Jodi]

My friends father was fired from his job today after working for them for 15 years. He was a manager at a big Auto Body shop. The large insurance agent that they deal with has been complaining about the shop and being really anal about everything. For instance a windshield wiper motor was damaged during an accident and he didn't take a picture of it. It was a $12.00 part and the insurance company wouldn't pay for it because there was no picture. How can you tell if it is damaged by a picture anyway.
So, today my friends father had a meeting with the owners of the shop and they fired him because they said they can't afford to loose this insurance company, BUT, they said they would help him find another job and continue paying him for another month as well as letting him keep the company truck for the next month because they know he does good work. Now, he has been there for 15 years and he has never had any verbal or written warnings, yet he was fired.

So, do you think that he would have a chance if he took his former employer to court for wrongful termination???

I do but I thought I would get some opinions!!

 

[Arnold]

Originally posted by mochy
So, do you think that he would have a chance if he took his former employer to court for wrongful termination???

no, but he may be able to negotiate some type of severance package.

 

[Dr. Pain]

Yes and no.


If there are established disciplanary guidelines....a guidebook or manual stipul8ing the procedures for discipline, or there are precedents of others remaining with greater infractions of misconduct....then yes


In some states......employment can be terminated with a handshake saying "Goodbye", we no longer have need of your services.....like here in my "Right ot work: state!


DP

 

[Jodi]

I found out there is an employee handbook that outlines disiplanary action:

1 Verbal Warning and 2 Written Warnings

and he has never had a verbal or any written warnings.

 

[Dr. Pain]

He has a case, a good one.....but they will now proceed with a warning and make his life difficult, and work environment less hospitable.....it is a two edged sword.


A

 

[Arnold]

does this company claim to be a "at will" employer?

 

[Jodi]

Originally posted by Dr. Pain
He has a case, a good one.....but they will now proceed with a warning and make his life difficult, and work environment less hospitable.....it is a two edged sword.


A

He's already been fired. They gave him this severance package of a month's pay as well as company vehicle use for the remainder of the month. I think they know they are wrong.

 

[Jodi]

Originally posted by Prince
does this company claim to be a "at will" employer?

I'm not sure but I did read about the "At Will Exceptions" and one of the exceptions stated an Employee Handbook outlining disciplinary actions.

 

[Hammerlynn]

I would have him check into that policy further. Like here, Nevada is a right to work state and can let you go at anytime without having to give you a reason (non-union job) and that is exactly what they do.

If he's already accepted severance then he probably cannot bargain for more but he could certainly try.

<----HR manager

 

[Jodi]

Thanks, I let him know not to accept it if he wants to try and go for wrongfull termination.

 

[Jodi]

Anyone else.

 

[ZECH]

Has he threatened or even thought about hiring an attorney? Since I'm in court and know some lawyers, I've seen them do some neat stuff. If an attorney would happen to call the shop and even talk about a lawsuit, they may change their mind. They have a lot to loose and he doesn't. Thing is though, like DP said, even if they took him back, life would be hell for him and they would find a reason to legally fire him then. I think the best thing would be to work with them and find another good job! Sucks I know!

 

[Jodi]

Is it possible to negotiate a larger severance package instead of going back to work there? He was only offered a months pay as a severance package.

 

[ALBOB]

It's always possible to negotiate but, will his former employer agree to the terms? I agree that even if they take him back his life would suck with them so, I'd negotiate for pay until he finds another job the pays the same as he was making there. That way he wouldn't be without $$$ while he was looking and wouldn't have to take a pay cut just to get a job.

P.S. If it was me, I'd be on the phone to an attourney yesterday. With all the rediculous law suits you hear about lately he could land some fat cash just for being unfairly terminated as the company scape goat. At least have him call, the first visit is free so, what's he got to lose?

 

[Jodi]

Thanks Albob,
I haven't heard yet but he said he was going to call a lawyer today.

 

[Arnold]

did they pay out his vacation days and sick days?

 

[Jodi]

Originally posted by Prince
did they pay out his vacation days and sick days?

They plan to.

 

[ponyboy]

Canadian law is probably different but here, (I believe) if you accept a severance package then you can't legally sue them afterwards. It sounds like he has a good case though because of the no warning. Find a good lawyer and see what they say, because they'll likely know more than any of us yahoos.

 

[Twin Peak]

Caveat: the laws of each state are different.

That said in MOST states the following is true:

You can fire an employee who is not under contract for any reason or no reason at all. The exception is that you cannot firm some if the are a protected class, BECAUSE they are a protected class. You can fire a very, very good employee with no warning and no disciplinary action REGARDLESS of internal policy BECAUSE:

- he is fat
- he is thin
- he is blonde
- he dresses funny
- you don't like him
- you are in a bad mood
- just because.

People don't want to except or believe this but it is almost always true. Sorry.

As to some other issues:

- accepting a severance DOES NOT mean you can't get a better deal UNLESS as part of the severance he signed an agreement saying he wouldn't sue.

- threating letters/calls from lawyers CAN force the company to settle for a bigger package even if they know the "claim" is a loser. Companies don't like being sued and they don't like paying defense costs. Any further settlement would be in exchange for not suing, so unless he has contractually given up that right he should call a lawyer.

BTW, there is really know such thing as a generic lawsuit for wrongful termination. Unless, of course, he is under contract.

 

[Jodi]

Thanks Guys!

Thanks a bunch TP! I will tell him that.

 

[Twin Peak]

Anytime. I hope it works out.

 

[ALBOB]

Originally posted by Twin Peak You can fire a very, very good employee with no warning and no disciplinary action REGARDLESS of internal policy BECAUSE:

- he is fat
- he is ugly
- he dresses funny
- you don't like him
- you are in a bad mood
- just because.

IRONTIME...............You're FIRED!!!!!

Sorry Mochy, couldn't resist.

 

[Twin Peak]