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View Full Version : Any employment attorneys on the boards? My DH was fired yesterday..



jerseygirl07067
04-06-2011, 04:32 PM
I have always appreciated all of the wisdom and support I have found here, so if you are reading this and have any advice to offer, I'd appreciate it!

DH left his old job at Kennedy Space Center because he was eventually going to get laid off anyway as the Space Shuttle program comes to a close. He found a job at another large corporation doing what he did at KSC, import/export compliance. He actually had two offers from this corporation, one close to our home, and another one at a division about 30 minutes away. The one closer to home was the same pay and level as his old job, and the one 30 minutes away was a promotion, with increased pay and at a level higher. He took the higher paying job and thought it would be great opportunity for him.

His boss commented that it would take him a year to be where he needs to be, as this job is very specific to certain programs that he had never worked on before. He also told his boss during his interview that he had only written a certain amount of export licenses, and she knew that when she hired him. Writing export licenses is the biggest part of this job.

DH assumed he would get some degree of specific training to help him, and essentially he got none. It was a very intense, face paced work environment, and he felt that when he had questions, (which he had many) his coworkers always seemed somewhat annoyed by him asking questions. It put him in a very hard position since he wasn't trained, was being thrown into the work, and wasn't made to feel comfortable asking for help.

About 4-6 weeks ago, his boss sat him down and said she was very unhappy with his work. She said she expected more and was unhappy. DH started working longer and harder to try to meet her expectations. However, it should be said, that she never laid out any specific goals or expections, never put any action plan into place, nothing like that. DH said that after a while his boss kind of stopped talking to him. I do fault him for not trying to speak with her more about her expectations, but it's water under the bridge now.

Two weeks ago he got called into HR, was told his boss still wasn't happy but had seen some progress made with his work and was still willing to try to work with him. At least that is what he was told, he never saw much of this attitude from his boss. He was constantly getting negative feedback,and nothing ever positive. The HR person told him it was going to go before a disciplinary committee in a week. He was not placed on probation, there was no action plan with specific expectations set for any specific timeframe. It was just left at that.

In the meantime, DH said his boss pretty much didn't talk much to him at work, and I urged him to try and speak with her. He said he felt like it wasn't going to help.

A few days after the meeting with HR he called the supervisor who offered him the other position. That supervisor sounded very positive as the position was still open and told DH he was the front runner for that position still. However, he said he would have to talk with DH's supervisor too,and follow appropriate company protocol. He said that he felt DH was more suited for the position at his division and was surprised that other division offered him the position since he was lacking certain experience. He seemed to do a better assessment of DH's ability during the interview process than his current boss. Well I guess over the past week DH heard nothing,and the two supervisors were supposed to talk, since a transfer to the other division would be more appropriate end result than firing him. I assume his boss had nothing nice to say and based on what I write in the next paragraph, I can't help but wonder if there was slander of some sort of DHs character.

In a nutshell, he was fired yesterday. He was called into HR, hsi boss was sitting there, and she did not say one word to him. Not, "Sorry it didn't work out", "Goodbye", or "Good luck.". None of that. She just sat there, and then after he was given the termination by HR she just walked out. He then asked about the other position that had been offered to him previously by the other supervisor and was told the other supervisor was not ready to give another offer at this time, even though DH feels like he was perfectly qualified for that position. I don't know what his boss said, but apparently it was bad enough that now he wasn't even considered for the other position. Ugh.....So he had two offers four months ago, and now they fire him and don't consider him good enough to work at either place. Great.....

I personally feel that something is fishy here. That there may have been more than a work performance issue, but something personal. I don't know. I also work for a large company and was once involved in the firing process of a substandard employee, and we had to follow a process. A probationary period, with specific goals to be met within a certain time period, and then a re-evaluation. None of that seemed to happen here at all.

We are both so upset over the way he was treated. He now has to account for a 4 month gap in his resume and likely explain why this never worked out. I assume it will come up in a background check even if he omits this place of employment from his resume.

Edited to add: DH is not going to omit this on his resume. That was my misunderstanding. Sorry about that!

This just sucks.....

boolady
04-06-2011, 04:38 PM
I just want to make sure I understand the whole thing...how do you know that it will be a four-month gap in employment? You just mean if he leaves this off his resume?

MommyAllison
04-06-2011, 04:41 PM
I just want to make sure I understand the whole thing...how do you know that it will be a four-month gap in employment? You just mean if he leaves this off his resume?

I assume he has been at this job for 4 months, and won't want it on his resume?

OP, I'm so sorry. No advice or BTDT, but it sounds like a hard situation all around.

boolady
04-06-2011, 04:42 PM
I assume he has been at this job for 4 months, and won't want it on his resume?

I just wasn't sure what she meant. Thanks.

jerseygirl07067
04-06-2011, 04:46 PM
Right, he has been at this job for four months and now doesn't want to have it on his resume.

eh613c
04-06-2011, 04:55 PM
I'm not an attorney but my DH is and I've read some of his books. Big corporations tend to have tight process and procedure for termination to avoid law suits. When your DH was first hired, was there a probationary period (usually 6 months to 2 years). During the probationary period, your employer can terminate you for whatever reason (you're late, poor performance, etc).

arivecchi
04-06-2011, 05:01 PM
I'm not an employment lawyer but my understanding is that an employee has very few rights if the employee is an employee at will. Of course, the employer cannot terminate the employee in violation of applicable laws, but it seems like they basically did not want to train your husband so that he could effectively do his new job. I am not sure what recourse he has if any. You could always look for an employment lawyer to get their thoughts. Not sure whether such lawyers charge for an initial consultation or not.

I am so sorry. What a horrible situation. :(

mctlaw
04-06-2011, 05:19 PM
I am an employment lawyer; however, I don't know what state you are in so I can really only talk in terms of generalities.

You have not mentioned a contract or union involvement, so let me know if I am not correct as I am making these assumptions. Absent either of these, if you are in an at-will state, your DH can be terminated for any reason or no reason, so long it is not a reason that violated some law, such as unlawful discrimination, whistleblower protection, etc. The flip side of being an at-will employee is that your DH can walk away from his job as he sees fit and the employer has no recourse.

Unless your husband has some reason to suspect he was fired because he was over 40, due to a disability, etc., he likely has no recourse. It sounds like your husband was terminated due to what was perceived as poor performance, however unreasonable his employer may have been. This is a legitimate reason.

Sorry to have no good news for you but I am sorry as it seems your family was sure thrown for a loop.:hug:

Melbel
04-06-2011, 05:33 PM
I am so sorry that things did not work out for your DH. Former employment lawyer here. Florida is an at will jurisdiction, which means that the employer can fire him for a good reason or a bad reason, so long as it is not an illegal reason (i.e. termination based upon a protected class such as age, gender, race, religion national origin, disability). A cause of action for defamation of character is not an easy cause of action to prove in FL. There is a Florida statute dealing with defamation in the employment setting that gives employers a qualified privilege and creates a very high burden of proof (knowingly false info; clear and convincing evidence). See http://www.myemploymentlawyer.com/wiki/Qualified-Privilege-Protects-Florida-Employers-from-Employee-Reference-Defamation-Suits.htm

http://www.myfloridahouse.gov/FileStores/Web/Statutes/FS07/CH0768/Section_0768.095.HTM

An employee handbook would provide guidance on how the company will handle certain matters, but it is not an enforceable contract that would require the company to use progressive discipline if that is the policy. He should be able to obtain unemployment compensation. While it does not sound like he has a cause of action, a lawyer specializing in employment law can examine your facts more closely. Has your DH attempted to speak to the manager of the other division?

AnnieW625
04-06-2011, 05:39 PM
Not an attorney, but I do workers compensation and in our state (California) I don't believe that you can file a wrongful termination suit if you haven't worked for an employer for less than 6 months.

I would tell your DH even though he was fired to still file for unemployment. My dad was wrongfuly fired too and was told he couldn't get unemployment, but he went through two hearings and finally an independent panel said that he could have the benefits. It took 6 mos. I think but it was worth the fight for him. He has since gotten another job.

Also I would tell you DH to acknowledge the job. I think it would hurt more for him to leave it off his resume. If this firing is the only blemish on his resume and his prior boss at Nasa had good things to say about him and the new company likes him I think those things will highly outweigh the negatives of the four month job so I don't think that there is any reason to omit the four month job from the resume.

TwinFoxes
04-06-2011, 05:47 PM
I'm so sorry this happened. I'm not an attorney by any stretch of the imagination, but I've worked in hiring/firing. Basically, most companies have procedures because they don't want to get sued by a member of a protected class. But if they feel like it, they will toss their procedures out of the window. (I'm talking about companies in at-will states). It really sucks, but unless you have a personal services contract or are a member of a union, you can be fired pretty easily. What a horrible situation.

However, one small silver lining, a lot of companies these days will only confirm you were an employee, and not give specifics about your employment. So if a prospective employer calls, the company probably won't talk badly about your husband.

wencit
04-06-2011, 05:50 PM
Also I would tell you DH to acknowledge the job. I think it would hurt more for him to leave it off his resume. If this firing is the only blemish on his resume and his prior boss at Nasa had good things to say about him and the new company likes him I think those things will highly outweigh the negatives of the four month job so I don't think that there is any reason to omit the four month job from the resume. Not to mention if prospective employers were to find out that he left a position off his resume, they would probably wonder how forthcoming he is about other things.

Hopefully your DH will find another job soon! :hug:

BayGirl2
04-06-2011, 06:22 PM
I used to work in HR and have been in a hiring/firing role for a big part of my career. What happened to your DH sucks from a personal standpoint, and it is definately a hard thing to go through, so :hug5:

But it doesn't sound like wrongful termination or defamation of character to me. It sounds like the working environment and the job itself (and possibly the manager's style) were just not a great fit for him. This happens a lot, and generally IMO its better to deal with it sooner rather than later. Its the responsibility of the hiring manager and the employee to figure out whether a job is a good 'fit' or not. A company doesn't have to have a formal probationary period or disciplinary process, the main advantage is making the outcome clearer to the employee and defensibility in court IF the employee is of a protected class. But IME the outcome is usually the same, a transfer or termination that will get the person into a better fitting position. Sounds harsh, but that is the reality, and companies (and government/schools btw) cannot afford to try to make it work indefinitely when its not working out for whatever job-related reason.

It sounds like your DH tried his best to make it work and is very competent, and I wouldn't read this at all as a reflection on his skills or capabilities. He should be willing to include this on his resume and share the efforts he made and how he learned from it. It would be much, much worse to not include it then have it discovered through a background check. We all have had situations in life that were less than ideal, most hiring managers understand that its what you learn from those situations that makes you a better person/employee.

SummerBaby
04-06-2011, 06:52 PM
I'm so sorry you're dealing with this. I am a labor attorney in NY, also an at will state. I'll echo what the PP said about it being lawful to terminate unless there is discrimination, whistleblowing, etc.

What I wanted to add is that your DH should not leave this position off his resume. I've seen offers of employment rescinded when the hiring employer discovers that a position was omitted during a background check. It's just so much better, in my opinion, to be forthcoming and put the position on your resume and then come up with a generic reason why he left so soon, such as it wasn't a good fit. If you look online, there's actually a lot of articles on how to explain these gaps (sorry, no time to search now).

Good luck with everything and I hope he finds a job soon!

Val

jerseygirl07067
04-06-2011, 09:55 PM
I am so sorry that things did not work out for your DH. Former employment lawyer here. Florida is an at will jurisdiction, which means that the employer can fire him for a good reason or a bad reason, so long as it is not an illegal reason (i.e. termination based upon a protected class such as age, gender, race, religion national origin, disability). A cause of action for defamation of character is not an easy cause of action to prove in FL. There is a Florida statute dealing with defamation in the employment setting that gives employers a qualified privilege and creates a very high burden of proof (knowingly false info; clear and convincing evidence). See http://www.myemploymentlawyer.com/wiki/Qualified-Privilege-Protects-Florida-Employers-from-Employee-Reference-Defamation-Suits.htm

http://www.myfloridahouse.gov/FileStores/Web/Statutes/FS07/CH0768/Section_0768.095.HTM

An employee handbook would provide guidance on how the company will handle certain matters, but it is not an enforceable contract that would require the company to use progressive discipline if that is the policy. He should be able to obtain unemployment compensation. While it does not sound like he has a cause of action, a lawyer specializing in employment law can examine your facts more closely. Has your DH attempted to speak to the manager of the other division?

Thanks for this information. It is very helpful. Yes, he attempted to speak to the manager of the other division today. Left him a message and we'll see if he hears back. He isn't counting on getting anywhere, but was interested to know what may have been said that was not in his favor.

jerseygirl07067
04-06-2011, 09:59 PM
I am an employment lawyer; however, I don't know what state you are in so I can really only talk in terms of generalities.

You have not mentioned a contract or union involvement, so let me know if I am not correct as I am making these assumptions. Absent either of these, if you are in an at-will state, your DH can be terminated for any reason or no reason, so long it is not a reason that violated some law, such as unlawful discrimination, whistleblower protection, etc. The flip side of being an at-will employee is that your DH can walk away from his job as he sees fit and the employer has no recourse.

Unless your husband has some reason to suspect he was fired because he was over 40, due to a disability, etc., he likely has no recourse. It sounds like your husband was terminated due to what was perceived as poor performance, however unreasonable his employer may have been. This is a legitimate reason.

Sorry to have no good news for you but I am sorry as it seems your family was sure thrown for a loop.:hug:

That is what I was afraid of....we're in FL, I believe it is an at will state. Thanks for your input. I really do appreciate it.

jerseygirl07067
04-06-2011, 10:05 PM
Thank you everyone who has responded. I am having DH read this tonight too. I think he was planning on leaving it on his resume and will just have to explain that the job wasn't a good fit and why.

On a brighter note, I am lucky to work in field where I can find work. I have been part stay at home mom, and part time working mom for the past 6 years. This is going to be a hard adjustment, but I am thankful that I can find full time employment to support our family until DH finds another job.

Thanks again for all of your responses and input. I love this community we have here. :)

ohsara430
04-06-2011, 10:10 PM
I feel for you and your DH, we've been through a similar terrible work situation and know it really sucks and takes a hard toll of your self-confidence. Just wanted you to know that as much as it sucks you're not alone and hopefully this will lead to better things down the road.

ged
04-07-2011, 04:51 AM
I also want to say I am sorry and that we have been through a similar situation. You are being very supportive of your husband, which I think is great. I trust things will work out for your DH in due time, and hope he finds the right position soon. All the best to you as you transition to a full time position!

jerseygirl07067
04-07-2011, 09:38 PM
Thanks. I had a job interview today and I was offered the position, it's full time with the company I already do per diem work for. I have a few more interviews to go through for different positions elsewhere, just to see what else is out there, but I feel a sense of relief.

I have very mixed emotions. I feel so lucky to have found something so fast, since it will likely take DH a while to find something. On the other hand I am really going to miss the days I've had at home with the girls. I really had the best of both worlds working part time.

:)

Zansu
04-09-2011, 03:10 PM
Your husband should keep the job on his resume. ExIm, especially if he was doing ITAR and not just commerce, is a *very* small world. Omitting the job would look suspicious.

jerseygirl07067
04-20-2011, 06:52 PM
Thanks Zanzu. You must do ExIm, since you know about ITAR. :)

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