I Got Fired!

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I don’t think you can be fired on hersay unless she had written proof like and email or some such evidence. I would talk to an attorney.
 
Luvz2travel said:
I don’t think you can be fired on hersay unless she had written proof like and email or some such evidence. I would talk to an attorney.
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Actually she talked to an attorney and they told her she didn’t have a case.
Former friend was angry with me and called our corporate office to tell them every juicy detail of how I vented to her. She and I had talked (privately) about our jobs (we’re both in human services).
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Blame your friend for getting you fired, your company only did what every employer I’ve ever had would have done after such a phone call.
 
chevalier said:
Cara, everybody who’s withholding payment, firing someone, denying to perform a promise etc. will always cite a lot of “legal” reasons, including some more things he could do but will not. In some cases that person will indeed have the law on his side but in most cases it’s bogus. I can’t fathom how they could possibly prove slander in your case and IMHO they are crossing and have crossed the line of defamation in the dismissal grounds they gave you but I must stress I’m not an American lawyer and I don’t even know which state you’re in, so I can’t give you reliable advice.
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You are right Chev, in the States truthfulness is always a defense to defamation (Sometimes it is a defense sometimes it is part of the prima facia case). Thus the company could not win a suit for slander against her. However, they could drag her to court and make broke through legal fees before the case gets dismissed.

Because it is an at will state, they might not have even sighted a cause, (causing legal issues).
 
Pregnant women are a protected class. You probably have a lawsuit right there.

Personally, I would seek a lawyer. I had to do this for my husband who worked for an insane man.

Find THE BEST employment lawyer in your area. See if they will take your case on a contengency. That alone will scare your employer. It tells them your high end lawyer is SO SURE of winning, they don’t even take $$ from you! Indicate you do not want your job back. You’re not interested in the hostile environment…

Go for a settlement AND complete silence… Meaning, if they confirm anything other than your dates of employment… they can look forward to another lawsuit.

This worked for us… when DH lost his job while on med. disability. They had NO CAUSE to let him go, other than the manager was a hostile cad…

Good luck!
 
jilly4ski said:
You are right Chev, in the States truthfulness is always a defense to defamation (Sometimes it is a defense sometimes it is part of the prima facia case). Thus the company could not win a suit for slander against her. However, they could drag her to court and make broke through legal fees before the case gets dismissed.

Because it is an at will state, they might not have even sighted a cause, (causing legal issues).
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Yeah, I’m just worried about some judge deciding that if it’s an at will state, then hearing a case based on defamatory nature of stated reasons would supposedly impede the employer’s freedom to terminate the contract (because it would constitute review of the employer’s laying off procedures). But if employees have records that go with them to new employers, then I believe this should be enough to make a judge give in and hear the case. After all, they could state “stealing doughnuts and secretly sabotaging the coffee machine” at impunity if they were allowed to write whatever they want without fear of lawsuits.
 
Take the unemployment. Move on. NO one should have to exist in that hostile of an employment environment. At my company, we haven’t had the type of things you talk about for 20 years. Good rid dins!
 
ScareBear said:
Thank you for all of your support. I did not sleep last night!

Talked to a legal guy. This is an at-will employment state; they can fire for me for pretty much anything. My company’s point is that I slandered them “to the community.” They “can no longer trust” me. They could have taken me to court for slander, but according to my boss, she talked them out of it because I’m pregnant. :doh2:

Nothing I had said was untrue. I should have taken my concernes (HIPPA-confidentiality breaking and inappropriate behavior) up the food chain with documentation. I was considering it here and there. I should have. How do you go to your boss when she is one of the people doing stuff? I went to her boss about this and those two reminded me how tight they are.

I guess things got said to co-workers (there are no boundaries there). My last afternoon at work a couple of co-workers were talking about some… uh… sexual matters. They saw me and stopped and said sarcastically, "Oh, we should practice better boundaries. I would hate for the appropriateness Nazis to get us. Don’t want a human resources report on this."

Well, I just applied for unemployment online. We’ll see how things go. I was up all night. This is a huge stress. Part of me was thinking, How come I decide to go to church, study the Bible, take this Catholic correspondance course, start praying regularly… and all this happens!!! :eek:

You know, the thoughts we have in those dark, exhausted, lonely hours. 😦

Thanks for you kind words and support. I am seriously appreciating it.

Cara
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It seems they have discussed your personal record openly in the company. That is extremely inappropriate and probably violates confidentiality laws concerning your work record.

Also, while “at-will” means you can be let go for any reason or even no reason, if they give a reason, it must be substantiated. If their reason is unsubstantiated, they will have to recant.

If they were in violation of HIPAA, that needs to be reported appropriately (not in the unemployment interview since it might show you to be “disgruntled” thereby harming your cause and reputation).
 
Pregnant women are a protected class. You probably have a lawsuit right there.
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But they didn’t fire her for being pregnant, they fired her for talking about her employer’s practices. Employers are allowed to fire people for non-discriminatory reasons. Being pregnant doesn’t protect you from being fired for any reason whatsoever.

It seems to me the OP admitted that she said things she shouldn’t have to her “friend.” Her friend ratted her out and her employer fired her. The employer is not at fault here, as far as I can tell.

I agree the OP should file for unemployment, but suing the company? Just because she’s pregnant and could maybe make an UNTRUE accusation that they discriminated against her for being pregnant? I disagree with that on principle.
 
I’m so sorry this has happened to you. That someone you thought was a friend would go this out of envy and hatred.
 
StJudePray4Me said:
But they didn’t fire her for being pregnant, they fired her for talking about her employer’s practices. Employers are allowed to fire people for non-discriminatory reasons. Being pregnant doesn’t protect you from being fired for any reason whatsoever.

It seems to me the OP admitted that she said things she shouldn’t have to her “friend.” Her friend ratted her out and her employer fired her. The employer is not at fault here, as far as I can tell.

I agree the OP should file for unemployment, but suing the company? Just because she’s pregnant and could maybe make an UNTRUE accusation that they discriminated against her for being pregnant? I disagree with that on principle.
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However, if they let her go “for cause” this could prevent her from receiving unemployment or from getting another job, on only the statements of one person who is an interested party. You are right, it shouldn’t be for the pregnancy, but rather for the unsubstantiated claims for cause, (if they actually cited a cause).
 
jilly4ski said:
However, if they let her go “for cause” this could prevent her from receiving unemployment or from getting another job, on only the statements of one person who is an interested party. You are right, it shouldn’t be for the pregnancy, but rather for the unsubstantiated claims for cause, (if they actually cited a cause).
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It depends on how they fill out the unemployment report they get when she applies. If they simply check the “Do not dispute” box it’s a done deal. If they try to claim it was with cause they have to document the cause, specify where the violation was covered in their employee hand book, the attempts to rectify, number of verbal and written warnings and a lot of other details. Most employers won’t go through that effort unless it’s a very clear cut and easy case to verify. Usually the ones we “fight” are “Employee quit showing up for work, employee attacked a fellow employee” etc. In Kansas even if you’re fired for cause it doesn’t prevent you from drawing unemployment, it just prevents the employer from being “charged” for the unemployment that person collects.
 
SonCatcher said:
It seems they have discussed your personal record openly in the company. That is extremely inappropriate and probably violates confidentiality laws concerning your work record.

Also, while “at-will” means you can be let go for any reason or even no reason, if they give a reason, it must be substantiated. If their reason is unsubstantiated, they will have to recant.

If they were in violation of HIPAA, that needs to be reported appropriately (not in the unemployment interview since it might show you to be “disgruntled” thereby harming your cause and reputation).
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I would agree with this… Someone is talking in HR way more than they should… and see, when people start talking about what they heard… that’s called retaliation… you’ve been retaliated against for talking… Bullying… IMO
StJudePray4Me said:
But they didn’t fire her for being pregnant, they fired her for talking about her employer’s practices. Employers are allowed to fire people for non-discriminatory reasons. Being pregnant doesn’t protect you from being fired for any reason whatsoever.

It seems to me the OP admitted that she said things she shouldn’t have to her “friend.” Her friend ratted her out and her employer fired her. The employer is not at fault here, as far as I can tell.

I agree the OP should file for unemployment, but suing the company? Just because she’s pregnant and could maybe make an UNTRUE accusation that they discriminated against her for being pregnant? I disagree with that on principle.
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Unless there is some sort of written clause in her employment agreement that she can’t discuss corp. policy… that’s generally not a big deal. How is TRUTHFULLY talking about corp. policy defaming? It’s not like she shared a secret formula… and see in CA, where I’m from… if you don’t have a wickedly solid reason to fire a person… and that you don’t like what you heard she said… isn’t one… She could have been having a hormonal moment… something to be expected from a PG woman… In the same way you can’t fire a person when you know they have a drinking problem. You know they are disabled… Even if they show up drunk. Now you can fire them if they refuse treatment and such (granted I base my opinion of old working knowledge… have been out of the field for a while.) I’ll tell you, I had a boss that wanted to fire one of our PG employees. In the end, he just didn’t like her. That I know for a fact. I had to get our VERY talented lawyer in on the deal… who literally said my boss was inviting the biggest lawsuit ever.

A lot really depends on exactly what went down. But I can see how this woman was retaliated against. A person with a personal dislike for her BECAUSE of her PG, went to her employer and flamed her… And then her boss acted on that? REALLY? No investigation? No hearing her side of it? Just took the word of a stranger? Maybe there are other past issues… But sounds like a good reason to get rid of the PG lady to me…

Now, the boss has to prove otherwise. And I would only pursue this after sitting with a lawyer and having a very truthful conversation. If the lawyer is willing to take it on contengency… she has a legit case… If not… She’s gonna have to learn a pretty tough lesson. That you can’t even trust your hormonal “friends…”
 
I don’t want to get into it except to say that someone in my close family had to file a whistle blower action. It was long, drawn out and messy. He won. This is what it sounds like you have on your hands and you need to see a lawyer ASAP on this front - there are not so many that will even touch them - mostly they are handled in house by unions.
 
SamH said:
Blame your friend for getting you fired, your company only did what every employer I’ve ever had would have done after such a phone call.
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With all due respect but would you fire an employee without summoning him up to give him a chance to explain whatever some “helpful” person told him on the phone? And would you use accusations like “spreading malicious lies” lightly?

What the employer did, basing on our information, was attribute a wrongful action to the OP without any sort of proper procedure.
 
File for unemployment and at least talk to an attorney about what happened.

You and your family will be in my prayers. Loving mums who teach their kids about Lovecraft are too rare to be sad!
 
Thank you guys!!

(Thanks esp. CthulhuBryan!)

HR did an investigation because the person reporting used the word “uncomfortable” to describe how I was feeling and it was a “hostile work environment.” (My supervisor, in front of several of us, called me “eye candy” and called a co-worker a “man whore” and asked him to strip for her. Among other things.) All involved denied everything.

Everyone, including my priest, is continuing to tell me they’re all glad I’m out of that place. I’m excited; I get to be home with our 4 kiddos and our new baby this school year. I get to simply be a wife and mom–the best jobs in the world! Money will be tight, and I don’t like how this went down, but this is really wonderful. I got to go with my daughter to her freshman orientation and I’m home to make play dough with the kids and play basketball with them. It sure is taking the sting out!

And… I’m free to do the fall RCIA class now. 👍 And go to my knitting group.

I’m lying awake at night worried about money but this little voice in my head keeps telling me, “God is going to see to it you’re all fine.” I remember hearing in a church once a line about God knowing the hairs on my head and how I’m greater to Him than a sparrow. Am I crazy, or is that a real verse? I think it’s Old Testament.

Again, thanks!!
Cara
 
ScareBear said:
I’m lying awake at night worried about money but this little voice in my head keeps telling me, “God is going to see to it you’re all fine.” I remember hearing in a church once a line about God knowing the hairs on my head and how I’m greater to Him than a sparrow. Am I crazy, or is that a real verse? I think it’s Old Testament.

Again, thanks!!
Cara
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New Testament (just read this the other night) in the gospel of Luke 12:2-9

“There is nothing concealed that will not be revealed, nor secret that will not be known.
Therefore whatever you have said in the darkness will be heard in the light, and what you have whispered behind closed doors will be proclaimed on the housetops. I tell you, my friends, do not be afraid of those who kill the body but after that can do no more. I shall show you whom to fear. Be afraid of the one who after killing has the power to cast into Gehenna; yes, I tell you, be afraid of that one. Are not five sparrows sold for two small coins? Yet not one of them has escaped the notice of God. Even the hairs of your head have all been counted. Do not be afraid. You are worth more than many sparrows. I tell you, everyone who acknowledges me before others the Son of Man will acknowledge before the angels of God. But whoever denies me before others will be denied before the angels of God.”
 
Cara,

It sounds like being out of there is truly a blessing!

God is truly amazing and will see you through.

Bryan
 
Unless there is some sort of** written clause in her employment** agreement that she can’t discuss corp. policy… that’s generally not a big deal. How is TRUTHFULLY talking about corp. policy defaming? It’s not like she shared a secret formula… and see in CA, where I’m from… if you don’t have a wickedly solid reason to fire a person… and that you don’t like what you heard she said… isn’t one…
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In an Employment-at-will state, you can fire anyone for anyhting as long as it is not discriminatory. Most people I know do not have employment contracts unless they are unionized or seriously higher up executives. Most of us are ordinary employees, who the employer can fire at will, and who can quit at will without any legal repercussions.

I can fire someone if I don’t like his shoes. I can’t fire him becasue I don’t like his religion, gender, nationality, etc.

California is known to be a very employee-favoring state when it comes to unemployment benefits. Other states, not as much.

But again, I agree that the OP should fight for unemployment…I just don’t think she has an employment discrimination suit based on her pregnancy.

Also, I think whistleblower protection laws would only apply if she blew the whistle on the company’s misdeeds to the appropriate authority. Not for telling your friend.
 
StJudePray4Me said:
In an Employment-at-will state, you can fire anyone for anyhting as long as it is not discriminatory. Most people I know do not have employment contracts unless they are unionized or seriously higher up executives. Most of us are ordinary employees, who the employer can fire at will, and who can quit at will without any legal repercussions.

I can fire someone if I don’t like his shoes. I can’t fire him becasue I don’t like his religion, gender, nationality, etc.

California is known to be a very employee-favoring state when it comes to unemployment benefits. Other states, not as much.

But again, I agree that the OP should fight for unemployment…I just don’t think she has an employment discrimination suit based on her pregnancy.

Also, I think whistleblower protection laws would only apply if she blew the whistle on the company’s misdeeds to the appropriate authority. Not for telling your friend.
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With the whistleblowing I was referring to the fact that she made an HR complaint for hostile work environment then the minute there is anything that could be a gray area complaint she is subsequently fired. Yes, that could be construed as retribution for the initial HR complaint especially since her workplace became more hostile after the initial complaint.
 
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