Wrongful Termination Lawsuits

[Mildred Plotka]

Posted: 11/24/08 at 12:59am

I'm attempting to help a good friend who is seriously considering a wrongful termination lawsuit against his former employee. He was terminated on grounds of absenteeism. His manager is telling human resources the absences were unexcused and never authorized. However, after contracted the flu within the office, he was encouraged by his employer to stay home and that his health was of utmost importance. Then boom, after taking the ok'd time off, he was fired. Does he have any grounds for a lawsuit? Although I believe him, it feels basically like it is their word against his. I have no experience with wrongful termination and any advice would be appreciated. He lives in an "at-will-enployment" state but it also feels like they're using this as an excuse to fire an employee who simply followed their instructions. His illness was not only contracted at the site, but all the other employees, who have far more seniority than he did, took time off as well. It feels really fishy but I'm worried there are no actions he can take. Again, any feedback would be greatly appreciated!

[thetinymagic2]

Posted: 11/24/08 at 1:14am

http://www.google.com/search?hl=en&q=at+will+employment&aq=1&oq=at+will

[nygrl232]

Posted: 11/24/08 at 1:16am

Unless this whole thing is a really weird misunderstanding, it sounds like someone at the company was gunning for your friend and/or set him up. In this economy, who can tell? Did your friend have any interpersonal or professional issues with his co-workers or his job performance?

"At will" means he can be let go for any reason without the first party having to explain, but there are limitations. Hard to believe that this matter couldn't be resolved internally. Does your friend's company have any kind of labor relations rep? In any case, your friend can consult with a lawyer for free and get an idea of whether he has a case. It sounds like he might, but it seems totally nuts that the company has no resources for your friend to approach this directly.

It would benefit your friend if any of the "stay home" advice was given over email or left as voicemail--anything that provides proof is good. A note from a doctor would be good.

All in all though, why would your friend want to go back to work for a company that's run like this? They obviously have a problem either within management, or with your friend. At the very least, they owe him severance and a recommendation.
Updated On: 11/24/08 at 01:16 AM

[Mildred Plotka]

Posted: 11/24/08 at 1:23am

He's attempted to speak with the human resources manager, she's refusing to address the issue with him.

He has 1 email telling him that staying home is the best solution. There are a few internal emails from his work email that he obviusly no longer has access to. I'll push him to talk to a lawyer.

Sad thing is it is a non-profit. It is a fabulous company that just seems to have a manager and a human resources manager who aren't representing the otherwise glorious representation of the company.

[nygrl232]

Posted: 11/24/08 at 1:42am

Sounds bizarre.