Uppercrust
Well-known member
- Joined
- Jan 3, 2006
- Posts
- 641
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Dittopilotyip said:Good advice here, get some input from Cage Consulting on the proper path. I would not go the lawyer route. It could bring heartburn to your next employer. Stay away from any bad mouthing of the employer who fired you. That also gives a bad taste. Just make a factual statement. You were let go because you interviewed at another company. That alone says volumes about the low life of the company that fired you without getting into name-calling.
surplus1 said:Be careful about "outing" the company. In the process you may inadvertently justify your termination.
Getting even isn't always the best solution. Good luck.
Ben Dover said:Dude,
Just because it's an "at will" state doesn't mean they can fire you for no reason.
Read the excerpt below:
...an at-will statement does not really give employers free reign to terminate employees for no reason. There are two reasons for this. First, although every state except Montana recognizes the at-will employment relationship either by court decision or by statute, most also restrict it in some way. Courts in a majority of states have limited its application by allowing the at-will relationship to be restricted under several legal theories. For example, employees have claimed that their employer’s policies were contracts which the employer breached, that their termination violated some public policy, that their termination violated a “whistleblower” statute or statutory anti-retaliation provision; or that the employer’s action constituted a wrongful act (or, in legal jargon, a “tort”). The result is a patchwork of case law that varies from state to state, making it difficult for employers to know when, or if, they can rely on the at-will nature of the relationship.
The second reason for caution is that many employees are specially protected under federal or state discrimination laws, which must be complied with regardless of at-will status. Therefore, if you terminate a protected employee for “no reason” or without following your normal disciplinary process, you are raising a red flag that the termination was for improper or even discriminatory reasons. Thus, you may be provoking a challenge to the termination which otherwise might not have occurred.