[b]WRONGFUL DISCHARGE ADVISE NEEDED!! MUST READ TO BELIEVE SOUTH CAROLINA

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Do I have a legal case ?

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[b]WRONGFUL DISCHARGE ADVISE NEEDED!! MUST READ TO BELIEVE SOUTH CAROLINA

Post  rmdrhsc on Thu Oct 16, 2008 2:52 am

I took a product development job through a staffing agency. The owners were seldom there. About 4 months ago, the owners, husband and wife returned to attend a weekly meeting. Rewarded for my efforts I was given a large project; I was verbally given my orders

My GM told me he didn’t want this project it was a bad fit for our company also the R&D work I was doing was not earning him a by my GM and owners wife. After 4 months the owners returned again with high expectations. He didn’t understand what had or not happened the 4 months he was absent. Not knowing that my GM purposely instructed me not to give the project my full attention. The owner gathered me, the other engineer and the machinist together to discuss the changes he following the owners orders exactly he came in the next day blasting me with the results from everyone’s results, despite doing exactly as told he was very displeased. I was accused of not taking a leadership role.

He then assigned us our duties and left for a 12 day leisure trip with the GM. In there absence my GM left the other engineer and machinist in charge alleviating me of any authority. We divided up the duties and began working 3 days into it I was sent a letter of extreme concern for lack of results and poor leadership. The owners wife stayed behind so I spoke with her about the message. She didn’t understand why the GM would send such a letter and advised me to call him I left several messages and several emails explaining that he must have been misinformed sighting the solid progress I had made. I heard nothing back That Friday I asked for permission to take time off for a doctors appointment that coming Monday. My GM said fine that it wasn’t a problem.

Upon there return that Monday I came into work early and left for my doctors appointment with full permission. He said that was fine and fully understandable, but to please get a note from the doctors office which I did. The reason for my doctors appointment was for a chronic back condition that had caused me to become partially disabled in 1997. Which they all knew about. The next day I came into work early to continue on the project I heard from my fellow workers that the owner was upset that I had missed most of the previous day due to my doctors appointment. My GM handed me a job and said it had to be done that day. this was a job that normally would take at least 3 days. I was frantically working at my job.

That morning my GM went on a verbally abusive tangent for the cleanliness of the shop. I was blamed for areas of the shop being messy that I had nothing to do with nor was I assigned. Rather then confronting him in his state of mind I explained in an email that I was not working in that area of the shop that was left messy, And I would gladly straighten it up but wanted him to know the mess was not mine.

The GM asked me to step into the owners wife’s office he then shut the door. The owners wife started by saying “ We know you knew this was coming but we are eliminating your position. I let her finish in disbelief and then asked what I had done or not done. She said, “ you didn’t do anything wrong,“ she continued saying that I didn’t meet there expectations with the big project and wanted me to take more of a leadership role. Here is a letter that will help get you your unemployment. I was never hired as a project manager rather product development. Furthermore she said I didn’t fit the direction the company was headed.” I was totally floored. I was told to pack up my desk and gather my belongings and say my goodbyes. After the building was quiet I went in to talk with my G.M. I asked him man to man what I had done and what I could have done differently he replied “nothing.” He said it was just the way the owner was “there was nothing different I could have done to prevent my elimination. He said he would help me out any way he could and he was very sorry.

Here is what I need advise on.
I want to know if I have a good case for a wrongful discharge?

Is the company and its officers accountable for following there own written policies?

I have never broken any of the company rules or policies in the employee handbook. The owner and GM have clearly broken many in the handbook. I read through the employee manual and it clearly states that a full time employee that does not perform there job satisfactory.

They will be written up and they shall be placed on a performance improvement program. To help attain a satisfactory level of performance.

3 months ago I was given a stellar review, I received a raise and a bonus.

As a salaried employee I have always worked over the required 40 hours required They never recorded more then 45 on my time sheets

The day after my doctors appointment for my disability I was released.

Favoritism was clearly demonstrated with my other peers on this particular project.
Over the last week.

My GM and the owner often used malicious, profane, vulgar and discriminating language under no fault of my own venting there lack of progress on the project and shop cleanliness.

When I tired to explain situation I was told it makes not difference. It clearly states it is against the policy of the company?

Do I have a wrongful discharge?


Last edited by rmdrhsc on Thu Oct 16, 2008 1:54 pm; edited 1 time in total

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Re: [b]WRONGFUL DISCHARGE ADVISE NEEDED!! MUST READ TO BELIEVE SOUTH CAROLINA

Post  JoeC (McGruff) on Thu Oct 16, 2008 3:02 am

Tough case we have a P.E on the board hopefully he will add some insight. All though South Carolina holds fast to the at-will presumption there are some exceptions. I don't believe implied contract theory in a handbook is one but I could be wrong. Now the original terms of employment may give rise to some type of contract. So absolutely contact an attorney to clarify. Also the back problem could be viewed as a failure to accommodate under the ADA.

File for unemployment for sure.
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Re: [b]WRONGFUL DISCHARGE ADVISE NEEDED!! MUST READ TO BELIEVE SOUTH CAROLINA

Post  rdm4416 on Thu Oct 16, 2008 3:16 am

Joe - Failure to accomodate under the ADA? How does that even come into play here?

OP - In my opinion, I don't think you have a case. I would file for unemployment and start sending out resumes.
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Re: [b]WRONGFUL DISCHARGE ADVISE NEEDED!! MUST READ TO BELIEVE SOUTH CAROLINA

Post  JoeC (McGruff) on Thu Oct 16, 2008 3:22 am

rdm4416 wrote:Joe - Failure to accommodate under the ADA? How does that even come into play here? .


Right here:
Upon there return that Monday I came into work early and left for my doctors appointment with full permission. After waiting in the doctors office for more then 2 hours I called and explained the delay. He said that was fine and fully understandable, but to please get a note from the doctors office which I did. After then returning back to work that afternoon I handed my doctors note into HR and continued to work. I personally explained the long wait in the docs office and he said “ I completely understand there’s nothing you can do.” The reason for my doctors appointment was for a chronic back condition that had caused me to become partially disabled in 1997. Which they all knew about. The GM asked me to step into the owners wife’s office he then shut the door. The owners wife started by saying “ We know you knew this was coming but we are eliminating your position.
Granted its a stretch,any time I see a stretch I recommend seeking expert advice in the state for clarification.
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one more word

Post  rmdrhsc on Thu Oct 16, 2008 1:59 pm

What really bothers me is the favoritism with the other younger engineer. I was the new guy there from up north and had to fight the 1 1/4 I was there. Many of my peers called me thinking it was a joke. They told me that the reason my former GM was giving was I was messy and missed allot of work both which are false. Many of my projects required help fully knowing I have a disability no provisions were offered.

Isn't vulgar profane language a forum of discrimination? I mean my GM would use the F, C , N, word with reckless abandon.

Doesn't an employer have to be fair and just with the enforcement of the company policy?

I have never been a vehement person, however I feel that rolling over and ignoring what has happened is the passive behavior people in this country have began to settle for; where is the accountability

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Re: [b]WRONGFUL DISCHARGE ADVISE NEEDED!! MUST READ TO BELIEVE SOUTH CAROLINA

Post  Mr. Pink on Fri Oct 17, 2008 12:57 am

rmdrhsc wrote:What really bothers me is the favoritism with the other younger engineer. I was the new guy there from up north and had to fight the 1 1/4 I was there. Many of my peers called me thinking it was a joke. They told me that the reason my former GM was giving was I was messy and missed allot of work both which are false. Many of my projects required help fully knowing I have a disability no provisions were offered.

Isn't vulgar profane language a forum of discrimination? I mean my GM would use the F, C , N, word with reckless abandon.

Doesn't an employer have to be fair and just with the enforcement of the company policy?

I have never been a vehement person, however I feel that rolling over and ignoring what has happened is the passive behavior people in this country have began to settle for; where is the accountability

*PLEASE NOTE THAT THIS IS NOT LEGAL ADVICE*

No, using vulgar language is not a form of discrimination that is protected by the law. Again, under employment at will, an employee could be terminated for a good reason, a bad reason or no reason. An employee cannot be terminated for an illegal reason. Saying that you had a messy work area may be a bad reason (even a stupid reason) but that does not make it an illegal reason.

You did mention that there was favortism towards the younger worker. Individuals over 40 are protected by the Age Discrimination in Employment Act (ADEA). If the other employee is under 40, and you could show some type of pattern or practice or that you were targeted because of your age, you might have a legal argument that your treatment/termination was a violation of the law. However, as Joe indicated, you should see an attorney in S.C.

Good luck.

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Re: [b]WRONGFUL DISCHARGE ADVISE NEEDED!! MUST READ TO BELIEVE SOUTH CAROLINA

Post  rmdrhsc on Fri Oct 17, 2008 5:09 am

Mr. Pink wrote:
rmdrhsc wrote:What really bothers me is the favoritism with the other younger engineer. I was the new guy there from up north and had to fight the 1 1/4 I was there. Many of my peers called me thinking it was a joke. They told me that the reason my former GM was giving was I was messy and missed allot of work both which are false. Many of my projects required help fully knowing I have a disability no provisions were offered.

Isn't vulgar profane language a forum of discrimination? I mean my GM would use the F, C , N, word with reckless abandon.

Doesn't an employer have to be fair and just with the enforcement of the company policy?

I have never been a vehement person, however I feel that rolling over and ignoring what has happened is the passive behavior people in this country have began to settle for; where is the accountability

*PLEASE NOTE THAT THIS IS NOT LEGAL ADVICE*

No, using vulgar language is not a form of discrimination that is protected by the law. Again, under employment at will, an employee could be terminated for a good reason, a bad reason or no reason. An employee cannot be terminated for an illegal reason. Saying that you had a messy work area may be a bad reason (even a stupid reason) but that does not make it an illegal reason.

You did mention that there was favortism towards the younger worker. Individuals over 40 are protected by the Age Discrimination in Employment Act (ADEA). If the other employee is under 40, and you could show some type of pattern or practice or that you were targeted because of your age, you might have a legal argument that your treatment/termination was a violation of the law. However, as Joe indicated, you should see an attorney in S.C.

Good luck.

Mr. Pink

Mr. Pink,
Thanks for your input I have no problem showing a pattern however I am just 2 clicks under 40.

Just so I understand things legally is it ok for your boss to use like COC!@K SUCKER AND NIGGE@#R
Is it ok for your boss to talk about you in a slanderous and deflamating way?
I have a medical disability which for the most part need very little attention on may occasions I would ask for help, he would ignore my rrequest and remind me everyone was busy and the work need to be done?

I am not one to throw stones, I just feel that I have been treated unjustly. I am almost 40 and have never been fired/lay-off from a job. The reason they gave for my elimination were completely untrue and I have memos to prove it. I know that I am reaching however I feel that they should be accountable for there actions.

I appreciate ever ones input

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Re: [b]WRONGFUL DISCHARGE ADVISE NEEDED!! MUST READ TO BELIEVE SOUTH CAROLINA

Post  bears00 on Sun Oct 19, 2008 1:35 am

rmdrhsc wrote:
Just so I understand things legally is it ok for your boss to use like COC!@K SUCKER AND NIGGE@#R

I won't ask if you suck cock, but are you black?
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Re: [b]WRONGFUL DISCHARGE ADVISE NEEDED!! MUST READ TO BELIEVE SOUTH CAROLINA

Post  JoeC (McGruff) on Sun Oct 19, 2008 3:52 am

Courts do recognize the tort of intentional infliction of emotional distress, but the threshold and evidentiary burden are very high. In the employment context, it has been recognized that the plaintiff's status as an employee may entitle him to a greater degree of protection from insult and outrage than if he were a mere stranger, and liability for intentional infliction of emotional distress has been upheld or held supportable in cases involving various forms of aggravated harassment while in the defendant's employ or in connection with the termination of the employment relationship.
Continental Casualty Co. v Mirabile Md App (1982)
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Re: [b]WRONGFUL DISCHARGE ADVISE NEEDED!! MUST READ TO BELIEVE SOUTH CAROLINA

Post  charlikscott on Fri Oct 31, 2008 12:05 am

rmdrhsc wrote:
I have a medical disability which for the most part need very little attention on may occasions I would ask for help, he would ignore my rrequest and remind me everyone was busy and the work need to be done?

I am not one to throw stones, I just feel that I have been treated unjustly. I am almost 40 and have never been fired/lay-off from a job. The reason they gave for my elimination were completely untrue and I have memos to prove it. I know that I am reaching however I feel that they should be accountable for there actions.

here's my understanding of the game. You are apparently working in an at will state with no set contract for employment. So yes, technically they can dump you with little to no reason needed.

HOWEVER, given that you have a disability they are generally supposed to accommodate it. So while it won't get you your job back, you might be able to slap them on that way and at least get in a dig that they were acting like jerks.

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Re: [b]WRONGFUL DISCHARGE ADVISE NEEDED!! MUST READ TO BELIEVE SOUTH CAROLINA

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