I was a former District Manager for a convenience store chain and was terminated for various so called peformance reasons. I feel that these reasons were false. The District Manager that replaced me has been performing worse than the reasons that they gave me in my termination statement. I know this because I still talk with my former managers. I was widely respected in the company by most and my performance was not lacking in any area. Thinking that I was to review current P & L statements I was blindsided with the termination, no notice, no documentation, no counseling, no nothing. I had no idea that I was going to be terminated. There are many District Managers that are performing worse than I ever had performed. Although this is an "At will" state I feel that there has been an injustice made in my termination because others are performing just as or worse than the accusations that were made at my termination. Why haven't they been terminated for performance also? Can anyone bring some light on this subject on if I have some kind of legal recourse to the company?
Anonymous2008-09-20T05:26:31Z
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You can hire a lawyer and based on what you have said, you can sue for descrimination, I think you may have a good case but a lawyer based in workplace law can tell you more. Keep any documentation that you can, if nothing else the lawyer can probably get you some kind of settlement in this case. In many cases "At Will" states use that as a general blanket to rid themselves of anyone they dont want. Check you hire paper work to see if there were any kind of wording in there that would allow for this. Just because its a At Will state doesnt mean you dont have legal rights. Good Luck
the fact that you do not understand "at-will" employment, how separation for performance works as a matter of law, your lack of understanding of the progressive discipline system and the fact that it is not a requirement and the fact that you were so unaware of your performance failures and their consequences show the company was probably correct in letting you go. this is not meant to be nasty or sarcastic but just a statement of how i as an employer would look at this set of circumstances.
if you were discriminated against then there may be legal recourse contact the EEOC if you think that is the case. if you fail to contact the EEOC first (and file a civil claim) within 180 days of the job action you forfeit their assistance. http://www.eeoc.gov
file for unemployment if the employer did not have "cause" to terminate you then you will qualify for benefits(assuming you meet the other criteria) that will assist you as you seek other employment.
is what happened fair? if all the facts are accurate as you state them then NO it is not fair, that is a big if and either way what they did is legal.
You , it sound they want to get rid of you, maybe because they couldn’t afford you anymore, It happen 2 you recently, I was a manager and they think I wasn’t good enough, so they let me go. But I was like what the ****, and I moved on with my life, just to give u an advice, the store I was at is doing so bad to a point where they don’t know what to do. But move on, shape up for skills and look again, I know its hard out there, but looking for a job, is a job, don’t get your hopes down, I’m sure you’ll find one like I did.. but just learn and grow from what u learn Now I work for fossil as Manager, doing the same ****. But different company and it took me 2 weeks after leaving the other company to find it Good luck though!
There must be some reason that they fired you, if your performance was not the issue. Can you think of any reason why they would want you gone?
Were the 'charges' they based your termination on based on fact or were they completely fake? If they used false claims to fire you, then you may have a case. As well, if you believe (and can you 'prove") discrimination based on age, race, gender, sexual preference or disability, you may have a shot.
However if the performance issues are accurate, and you just don't believe they are sufficient for firing, I doubt you have a case.
I recommend that you contact a contingency lawyer - one of the 'no fee for consultation' firms you see advertised, and discuss your case with them. If they feel that there is adequate cause and sufficient evidence, they will represent you in court.