There has been some new evidence that I was wrongly terminated.

48 Comments

1. AnonymousJune 21,2023 at 5:48PM UTC

   You need an employment lawyer, now. If you can't afford one, look for your local legal aid office. They should have someone there able to help you, or direct you to someone who can help.

2. AnonymousJune 25,2023 at 3:34AM UTC

   Good advice.

   Life is short -- Move on.

   (Oops -- This reply is to "Anonymous")

   I faced a somewhat similar situation many years ago, and looking back on the situation, I doubled my salary in less than three years, which would have never happened working for that company, even if it had been on good terms. Also, my subsequent jobs had pleasant environments and were very affirming for my contributions.

   If you have severance, post your resume immediately on job boards so recruiters can reach out to you. (This is how I have my current position..) Then take the intervening time to begin to heal. This will take time, but gaining a new position in a better company will soften the blow and with time your experience will fade into "the rear view mirror" and be replaced by other affirming experiences.

   P.S. I had a good case but did not sue, considering that even if I won a lawsuit or settlement, would I want to work again, and specifically, in the industry where I was working. Things like payouts have a way of getting out via the grapevine, if not officially. Some things change over the years, but not sure this has.

   In my way of thinking: The best revenge is living well!

3. AnonymousJune 21,2023 at 6:11PM UTC

   Cast around to see if anyone else had a complaint against this employer, as there is safety and support in numbers. But if you are on your own, I pretty much always say the same unless people have a clear cut case; move on. I've known people who have won employment law cases that were straightforward, including getting compensation, but the time it takes to straighten out this stuff puts life on hold for the employee, while the employer doesn't actually suffer - winning or losing doesn't mean the same to them as it does to the employee. So if you can, move on, because this sounds very complicated. I hate giving this advice - it should not be this way - but everything is stacked towards even the nastiest employers, which is disgraceful. Count your lucky stars you no longer work for them, tell others to avoid them, but move on.

4. AnonymousJune 21,2023 at 6:37PM UTC

   A lawyer might help but there needs to be a decent payout attached to potentially filing a legal complaint.

   You may also consider opening a complaint with your EEOC or State Labor Board who can also help uncover all documentation associated with your termination.

5. AnonymousJune 21,2023 at 8:25PM UTC

   Name your source in your claim so that they will be asked for an affidavit or will be Subpoenad for the record. Until there is a formal evidentiary record it remains a she said, she said with no value to your claim.

6. AnonymousJune 22,2023 at 11:51AM UTC

   Everything depends on your local laws. If you were an at-will employee, they can terminate for any reason or no reason at all as long as they aren't violating federal laws regarding protected classes.

   What is your goal here? To sue them? To get unemployment benefits? Or to assuage your hurt feelings? A lawyer might give you a free consultation, and there are some online resources to find employment lawyers who work with employees. I found one that way, she said my employer had probably violated the law, but warned that a case would be a drawn-out affair and could cause further damage to my emotional health. I appreciated that validation, and decided not to sue. I did have severance pay, so I used the money to support myself while I healed from the toxicity of that workplace.

7. Lorraine HerreraJune 22,2023 at 12:32PM UTC

   Please read the law, if the person was harassed that is federal law, at will states are not exempt from federal law. They can terminate the person for almost any reason, but they are not free to violate human rights act. Harassment is something an employer cannot do in any state, is illegal. Retaliation after talking about said harassment is already a protected action. Our law says you can notify in good faith about certain incidents and the employer cannot retaliate.

8. AnonymousJune 22,2023 at 12:30PM UTC

   Are you in a Right to Work state? Then the answer is probably no. But if you are not, then get an attorney and found out.

9. AnonymousJune 22,2023 at 1:18PM UTC

   i had something similar happen....I was exemplary in every respect and my attorney and I suspect that there was collusion going on-- in act, it was very clear to us due to an email sent to me 4 days prior to my termination. However, in a right to work state...they can terminate you due to any ridiculous reason at all. I was pretty much powerless. I was given opportunity to accept a measly severance but had to agree to never discuss and never prosecute- I turned it down . the most important thing , to me, is to check the "eligible to rehire" question...make sure you are not being blacklisted in your industry by these people. Update us please.

10. AnonymousJune 22,2023 at 12:35PM UTC

    I’m glad you are looking into this for yourself. I believe the same thing happened to someone I know. That sad part is no one is owning up to their mistakes.

11. GirlBossanova934974June 22,2023 at 1:03PM UTC

    This one is easy. Get yourself an employment lawyer on a contingency agreement. You are going to have to explain EXACTLY what happened to that lawyer so if there is any sort of of serious doubt about the harassment, the lawyer will NOT take on the case. You are going to have to name names and dates etc.. If the lawyer takes on the case, they will request that ALL your records be sent to the lawyer's office. If things go well after the documents are received, DEPOSITIONS will be scheduled. If the company has serious doubts about their case, they are likely to send a settlement offer to your lawyer at various points of the case. Your settlement if any will depend on the level of damages aka compensatory and/or punitive. Planting evidence is a very serious charge which requires evidence on your side to back up that claim.

12. AnonymousJune 24,2023 at 1:44AM UTC

    lawyers very rarely take cases on a contingency basis. Pursuing legal action is very costly and to what end? And this mysterious source sounds like a trouble maker. Your time amd effort would be so much better spent focusing on moving on with your life and career.

13. GirlBossanova934974June 24,2023 at 9:46PM UTC

    interesting point but I myself took on an employer with a lawyer on a contingency basis. I walked away after 2 years with close to $180,000, after the lawyer was paid. So obviously, lawyers do this. HOWEVER no lawyer is going to take on the case UNLESS they feel they have a good chance of winning. The plaintiff here had better have a good chuck of real hard evidence and better be very candid with her lawyer aka no selective disclosure.

14. AnonymousJune 22,2023 at 1:18PM UTC

    A complete employee file legally does not include your investigations. That is something a lot of people do not understand. Your personnel file contains your very basic information. Depending on your state, they do not have to provide anything beyond what they already have provided.

    Talk to an employment law attorney. I had to use one when I hadn’t been paid and it took over a year for my case to be settled and the guy still didn’t pay me what he owed me. It should have been an open and shut thing.

    Legal stuff isn’t as simple as they make it out to be on tv or in the news. They don’t show you the behind the scenes stuff you have to go through. Talk to a few attorneys and see what they say. Be prepared for it to be difficult and expensive to go through. Make sure you know what your end goal is. Courts do not care about the emotions. They care about the facts. Is your “source” someone who legally has access to the documents? Could those get thrown out because your “source” shouldn’t be looking at them and is giving you information they shouldn’t be post working there? Your information should be from you, not still at the company.

15. AnonymousJune 22,2023 at 1:49PM UTC

    If you are looking for financial compensation from your previous employer for wrongful termination, then yes you'd need to get a lawyer so that this can be subpoenaed as part of a case, or officially requested as an ultimatum for not opening a case.

16. AnonymousJune 22,2023 at 2:42PM UTC

    ???!!!

17. AnonymousJune 22,2023 at 3:12PM UTC

    wow, this certainly sounds like a threat.

18. AnonymousJune 22,2023 at 3:53PM UTC

    Why are you putting efforts into this? What is your ultimate goal. NOT ever a fan of 'sources', as you are now putting someone's elses employment at risk. Work through legal avenues and not this way. I understand that you feel things may not have been substantiated, but you have to understand that depending upon the employment law in your state you may still have been legally separated. Speak with an employment expert and I would encourage you to pause on putting someone at risk.

19. AnonymousJune 22,2023 at 4:26PM UTC

    Are you highly invested in a certain outcome? If so pursue that path rather than keep the dialog going with tangential people and their bits and pieces of information.

20. AnonymousJune 22,2023 at 6:10PM UTC

    Thank you for your comments. I will let you know the outcome.

21. AnonymousJune 22,2023 at 6:17PM UTC

    Yes, a good employment attorney can help. Your state might have an attorney referral service where lawyers offer their services for a low rate for one hour to hear your details and then decide if/how they can help. I would advise to speak to one or two of them to see who you mesh best with. Also contact FEHA and DOL, by law you are entitled to anything in your personnel folder and employee records. Whatever documentation you might have you should package up and write a synopsis before you go down these paths. Timing is important too you should move fast. If you do end up threatening or suggesting a lawsuit be sure they will not likely reinstate you but they will likely pay up to soften the blow of their ineptitude. Many companies will use an outside 3rd party law firm if you do sue to keep things outside of their business. Good luck, you might have a good case here.

22. AnonymousJune 23,2023 at 6:49AM UTC

    Just manage your expectations. What you describe is not evidence. At least not legal evidence. Whatever your friend thinks they saw or didn't see, is up for scrutiny. So don't drive yourself crazy. Get an attorney and take a step back and take care of yourself. These things take time and patience and never go they way you think they will.

23. AnonymousJune 23,2023 at 10:39AM UTC

    I thought so, the lawyer should uncover your evidence by law. You could tell them it is urgent and we can't keep this as a secret forever. They will uncover it. Why not I will be your witness to claim to your lawyer. I could set this up for you if it possible.

24. AnonymousJune 25,2023 at 7:48PM UTC

    SPAM post!

25. LING LONG ANGEL CHEUNGJune 23,2023 at 10:43AM UTC

    we need to involve the police to arrest your former boss. He is ignored your evidence is also against the law. You need justice.

26. AnnaJune 23,2023 at 12:27PM UTC

    Well tbh, we were al wrongfully put on temporary leave in 2020. So it’s kind of hard to feel any sympathy for this person. In addition, if they are willing to treat you this poorly when you are not even there are these the people that you want to be around 24/7 or at least a third of your waking hours? It’s definitely not a job that I would want to go to. Especially if you have to get a lawyer to get it back. Whose paying for that? Do you have any parents, a husband, friends, etc. that you can stay with for a while while you get back on your feet? This situation is not something that you can face alone.

27. ChrishoggJune 23,2023 at 12:32PM UTC

    Hi, and thanks for sharing this.

    I'm commenting here as someone who has been laid off and fired, both more than once, so I feel your pain (to some extent).

    And I know nothing about you, this situation, or your current circumstances.

    But I have to ask: What's the point?

    If it has something to do with you receiving unemployment benefits (been there, done that) I can understand why you would be doing what you're doing.

    But frankly, based only on what you've posted here, it seems (and I could certainly be wrong) that you're hurt, upset, and angry and are simply lashing out at your former employer.

    What's the point?

    Is there anything to be gained by all this?

    Could you not just let it go and move on?

28. Robert McGrathJune 24,2023 at 6:35PM UTC

    I agree, but it is such a personal affront to be treated badly and then disposed of. In a way, at this point in my "career" I really no longer care. I go to work, do my absolute best, and no longer worry. I should be honest here and say I am getting close to retirement, so I have my eyes on the prize.

29. Brenda GaussJune 23,2023 at 12:47PM UTC

    It is very hard to win an employment case against an employer. The most employees can hope for is that the employer will settle out of court. Usually, these are small settlements that they pay not to hassle with it. By the time the attorney takes between 30-40% of it and taxes take their percentage it's not worth the mental anguish you will go through. The burden is too high to meet in a jury trial to be successful in most cases. This is why employers don't change their ways. You're never going to see the investigation. If the company worked with a lawyer it most likely is covered under attorney client privilege. I completely understand why you are upset and it's so unfair that the bad guy gets to win but unfortunately they do in many cases. As a side note you won't win just because it states you were harassed. You have to be in a protected class and the harassment has to be at a certain level, done by a manager. Employers only have to prove that they took the claim of harassment serious and investigated it. Not investigating it is what gets them in trouble. Who knows what the "other" is but it appears their records state that your termination wasn't retaliation.

30. AnonymousJune 25,2023 at 7:44PM UTC

    Agree with the majority of this post/response. I was wrongfully terminated, and proved my innocence with computer documentation, as well as signed letters from my direct boss. It took me 5 1/2 mos to clear my name, receive severance and my due overtime pay. But $300 to a lawyer (in 2009) for negotiating in part (I actually did most of the work myself!) And I thankfully received unemployment pay for 364 days until I landed my new job. It was immensely stressful, but it was MY name and MY integrity on the line. Not really about the pittance of money they paid me after 18 years of employment there.

31. AnonymousJune 26,2023 at 9:53PM UTC

    Integrity in all things! Proud of you for advocating and clearing your good name and receiving at least some monetary compensation from the employer. Good for you!!

32. Crystal HowellJune 23,2023 at 1:40PM UTC

    Find a wrongful termination attorney, as they can subpoena computer records, texts, emails etc.

    Moving forward take screen shots, print info, if it happens again. elsewhere.

33. AnonymousJune 26,2023 at 6:11PM UTC

    Going forward that's a great idea.

34. AnonymousJune 23,2023 at 3:44PM UTC

    What a waste of energy!

    You were not wanted, thus they terminated you... MOVE ON!

    What are you trying to accomplish? You think you can sue your employer and make lots of $$$$? LOL LOL

    Other than lawyers, nobody makes money from a supposedly "wrongful dismissial," which can take years to prove.

    My advice, shake this off and look after yourself! Stop wasting your time and energy on something you most likely will not win, or make any money from, and move on to find an employer who will appreciate you for you.

35. AnonymousJune 23,2023 at 5:35PM UTC

    This is not helpful at all. It's inappropriate to assume this person wants to sue to make money! She never mentions that here. If we always let these things go, employers will continue to have the upper hand and pull stunts like this. Most companies claim to have an anti-harassment policy, with assurance that no retaliation will occur if a person files a report. Yet, it appears that might have happened here. We do not have all the facts. If she believes she was wrongfully terminated, she has the right to sue, and perhaps help others there too. I've worked at companies that protected assholes. This may be one of those companies.

36. AnonymousJune 26,2023 at 6:10PM UTC

    I agree with you. I want to call them out on the fact that the termination was a retaliation termination as well. I was just asking how the best course of action would be to obtain those investigations? I never mentioned anything about suing the company.

37. Robert McGrathJune 24,2023 at 6:27PM UTC

    With all due respect, there are circumstances that merit action. Pragmatically, if a company wants you out you're gone. Unless you are in a protected class and can prove intentional discrimination you don't have a case. Moving on is an economic necessity. I have been in the workforce for four decades. In that time I have witnessed numerous cases of toxic workplaces, harassment, intimidation, and just plain evil. Most were never challenged. That is why remote work and quiet quitting are in vogue. The workforce is demoralized and workers no longer care. So, yes move on to a better place.

38. AnonymousJune 25,2023 at 7:36PM UTC

    Sadly, this is true.

39. AnonymousJune 25,2023 at 7:35PM UTC

    That was a bit of a nasty response.

40. AnonymousJune 26,2023 at 6:07PM UTC

    I agree

41. Robin ThomasJune 23,2023 at 4:06PM UTC

    If the source followed through on taking pictures of anything personnel related, they could be terminated and potentially charged with a crime if they did not get the company's ok to disseminate the information.

42. LadeybuggJune 23,2023 at 5:27PM UTC

    I agree with Robin. Especially anything pertaining to personnel records! That “friend” may be sympathetic to the OP’s plight, but they likely won’t risk their career or jail time in the interest of moral outrage, and if backed into a corner by subpoena will deny any knowledge of the situation to save their own rear. Best course of action is to consult with a labor attorney and give them as much information as the OP has legally obtained, and the attorney can take it from there.

43. Celline MitchellJune 23,2023 at 8:13PM UTC

    I live in an at will state however, a lawyer’s advice to me when I was in a similar situation is that they must still adhere to federal laws. Regardless it’s worth checking out with an attorney. If there is a case, they will mandated to turn over any evidence that they feel supports their reason(s) for termination.

44. Celline MitchellJune 23,2023 at 8:17PM UTC

    A lot of comments suggesting you move on, I feel you should too , in regards to getting another job which I hope you have done. I would still pursue the wrongful termination because there maybe a history of wrongdoing there. If employees never speak up, employers will continue to get away with whatever treatment they feel is appropriate , which isn’t always professionally moral. Wish you the best!

45. Robert McGrathJune 23,2023 at 9:15PM UTC

    Sorry for your suffering. I obtained legal advice when I was terminated, essentially railroaded out of a job. Supervisors turned on me, wrote me up, and then I was fired. The company did pay me a nice severance, essentially buying my silence. The lawyer I consulted with told me if I contested anything the company would retract my severance and "there's no law against being a jerk". Unless you are in a protected group and can prove wrongdoing my unfortunate advice is to pick yourself up and move on. I am now in a much better place than I would have imagined. Every change leads to something better, we just don't know it at the time. Finding the "other" may require you to retain legal counsel. That could be expensive, so weigh the cost/benefit.

46. Mtrsprtautoltd@aol.comJune 24,2023 at 8:06PM UTC

    I’m sorry you’re going through this situation. What intentions would you expect from the lawyer? Would you seriously return to that place if a lawyer were able to help? Personally, if that happened to me I would not return to a place that treated me that way. I hope you find resolution one way or another.

47. AnonymousJune 25,2023 at 7:35PM UTC

    No need to be nasty in your response.

48. AnonymousJune 25,2023 at 7:53PM UTC

    It us not legal for just any employee to copy or photograph an employee's file. Bad advice.

    Go the rightful, legal route. Then records can be accessed via subpoena.