Sucks BIG!!

You've probably heard my kid works in Atlanta as a mangar in a resteraunt. He loves the work, the schedule, all of it. A shake up promoted him one notch ($75k) but the General Manager was transferred, the guy under him put in his two weeks notice and the dust was settling. A girl that works for Ian waited until the GM left to file an anonymous letter to headquarters alleging Ian was sleeping with an employee. Not true. She also accused him of reverse discrimination because the top 10 rated employees were people of color. This is determined by a rating system involving all managers not just one and race isn't a consideration.

A MFWIC from the head office came and investigated. BTW the girl faxed it from her parent's business, so her name was on the paper. Ian w told not to go to work until it was resolved. Yesterday he sat with the head guy who said there was enough evidence to validate the claim. You now have the opportunity to submit your resignation. What?!! What am I charged with? Can't tell you. Who made the charge? Also confidential. He did say that someone made a charge, another person backed it up. That's enough.

Now the girl is scared. She's telling other employees that she just wanted to get Ian in trouble because he made her work too hard, not this. He called someone he could trust and asked "if it came to going to court, would you stand up and say this girl told you she did it for spite?" Absolutely.

It's hard to sue a big corporation, but doing the girl for deformation of character or slander, you bet.

I'm flying to ATL tomorrow to pack up a one bedroom apartment and put it into a big box with wheels and head back to NYC. No, this is not how I wanted to spend a week off work.

He seems relieved a bit. In ATL by himself, his g/f is in NYC, parents and friend up here, he has no one to vent to, he can't hang with coworkers unless they are also management. He knew he would give up this life eventually, especially with a wife and kiddies, it's no life at all. So, he'll probably get back into artsy stuff, maybe pick up a bar tender job.

OK, rant off, back to wrenching.

Dan

that sucks, i'd say talk to the state labor board people, they can tell him what his options are as far as restitution against the company, it doesn't seem like they followed procedure in doing this and as a result ran him out of a job based on a false claim. he could probably get quite a bit (his salary plus expected pay increases for the next 30 years, because he wouldn't be able to get the same job at another place after he was 'fired' for suspicion of sexual harrassment).

overall, it really does suck though

Wrongful termination lawsuits are easier to win than you would think. A friend of mine who works in a hotel recently told me that 2 employees were fired after getting into a physical confrontation with multiple witnesses including some guests. They both sued and got their jobs back. If your son has done nothing wrong then he should talk to a lawyer.

Definitely ask what sort of severance package is on the table...

Then ask them to double it...

Clem

That sucks.

It's bad enough for an employee to make false accusations but it's an entirely worse thing that the company didn't conduct a true investigation rather than just taking someones word for something like this.

I may be totally off base here but I'm thinking a nicely worded letter from a lawyer might work wonders without actually having to go to court. There are enough people with legal back grounds here that might can give him a little advice.

That sucks.

Either way, I'd say that this job was done. Now, how to minimize damages and maximize the exit package. Clem is on the right track there. If they balk, then just casually mention "wrongful termination" and they'll pony up some bucks in no time. I'd go for six months salary at a minimum, plus moving expenses. He should also mention that he has witnesses who will testify that the girl made it up and only faxed it because he made her work too hard (oh, there's a real prize for some poor sucker down the road). Be sure to get EVERYTHING in writting before any resignation is signed.

Here where I work there was a termination some time ago. The terminee really had it coming for various reasons. The terminee sued and won. It was insane.

Yeah, i get the impression you could go and punch your boss in the face then sue for wrongful termination and still have a chance of winning.

914 ... did your son sign the resignation? If he did he should ask for it back, in writing ... It will be much easier to get a package or win a lawsuit if he hasn't or if he asks for it back in writing and they deny him.

I just got my Masters in HR and this is alll kinds of illeagal.

Regradless of the company policy, state and federal laws allow for disclosure. Furthermore, I bet Mr head manager spanky did not consult his HR folks, or his lawyer, otherwise they would have been in the room with him when they confronted Ian.

Get a lawyer. The fact that he was promoted shows that he was unjustly terminated. Furthermore, the lack of documentation will kill them. I.E he was never counciled, no memoradom that states he has displayed unjust behavior, unprofessional relationship etc.

As soon as the company gets served with the papers, they will go to speak with their legal dept. The first thing the lawyer wants to see is proof. Without it, he was unjustly terminated. When management cannot produce it, the legal dept will make an offer to settle.

Even in an "at will" employment state, Glenn S is right, it is actually pretty easy to sue big compnaies. Few employers terminate correctly, and this was done wrong. Even with a signed resignation, and even if it goes to court, you would be surprised.

But in the end, yes, that indeed sucks,

And sense he doesn;t work there anymore, what was the resturaunt, so we can all never go there.

I'm going to leave it up to 914 driver to mention the name of the restaurant, but I remember it from another thread. The particular restaurant that his son works for has just over 30 locations around the US in big cities, and the parent company has eight other restaurant chains of varying size. Basically, this is no small company, and it probably knows that the lost revenue from bad word of mouth will very quickly overshadow a settlement such as one that Hess mentioned.

I'll add my "that sucks". I like that restaurant, especially the spinach avacado dip. I've been in his locations many times, but years ago.

I would also add that it would be worth consulting an attorney. One of my best friends was an employment lawyer in Atlanta until a few years ago, when he decided to become a law school professor instead. He was with one of the big firms and I'm sure he could recommend a name or two in that specific field.

That sucks. Same thing happened to a buddy in the same business. Its frustrating, but definitely get an attorney, thats advise coming from one.

Im all for fighting wrongful termination due to false accusation of fornication, although I am surprised she didnt experience trepidation when inventing an allegation of reverse discrimination.

Major employers are all getting hyper sensitive about discrimination and reverse discrimination. There were problems with it in a few of the major companies I worked with (you know the names).

The issue here is that someone was able to derail a young mans career because they used a few catch phrases and the management bought it without a REAL investigation. A lawyer is absolutely needed immediately.

Update:

Trish and I flew down on Friday, packed up his apartment and left Saturday morning. I drove the big yellow box, Trish & Ian in the GTi. For two days, analyzing this to death. The company WAS wrong and now the store is in turmoil, two camps, literally black and white. Everyone is walking on egg shells because Ian was so well liked and respected by coworkers and customers alike, he was very good and look what happened to him. The company will not honor your transfer request unless you are in the "top ten", the girl making the charges is not, but Ian learned that she is going to be transferred. People have contacted the company on his behalf and complained about the way the thing was handled. He got railroaded. Period.

In the original post I said he sounded relieved; he is reallly.
Golden Handcuffs, he says. At his age it's very god money, in five years as a GM it would be $250k but at what price. Everyone jokes how their marriage suffers, the kids don't know who they are and they're always at work. Even on a day off, the store will call you in or have you run an errand, you have no life, and I see now Ian's health reflects that. He eats high-end resteraunt food too fast standing up. Stress, long hours and no friends can wear you down. He looks, not bad, but you can see it.

He got $18k go away money. The big issue is his g/f. She's studying psychology, going for her Phd now. She all of a sudden doesn't believe him and the story. She needs an answer from a book, something concrete, that's how her training makes her think. Talking to Ian it sounds like that logic has moved her closer to the curb...

The yellow box is in my driveway, Ian will be here for a week, then go down to settle the g/f thing. He in a month or so will move back to NYC, probably no in with the g/f. He can make good money tending bar while he gets back into the art world.

"Hey, I worked a $750 million dollar a year business, managing 85 employees, have a BFA and a write up in Architectural Digest. Why would I not be an asset to your gallery?"

Thanks for your support guys.

Dan

Woah! Sounds like he is happy with the way it worked out, I guess?

Plus, he finds out what kind of girlfriend he really has...

Joey

wow...

I would have definetly lobbed a lawsuit at them... Large companies will pay "go away money" to basically anyone with half of a semi truthful claim. But then again.. I'm more vengeful than most.

914Driver wrote: .. Talking to Ian it sounds like that logic has moved her closer to the curb...

Hopefully to the other side of it. WTF?!? He stays loyal while she's half a country a way, only hears his side and doesn't beleive it?!?

If this was one of my military buddies, we'dd be saying thing that are un polite to type here, but I garuntee the phrase "kick that (insert dirogatory sexist adjective here) to the curb" would come up.

Lykis 101 - Bump it and dump it (most of the other sayings cant be written completely here)

BTW, I failed that class. Happily married with 1.75 kids. But took a while to find the right one but worth the wait.

Wish him luck in his career search.

Ian got a call today from the corporation's head lawyer, apologizing for the way this was handled. WTF eh?

If they invited him back to the location of his choosing and paid for moving expenses, would he go back? Good question. It's like rescuing someone from a religeus cult, his mind needs deprogramming.

Right now he's in a box on the first base line at Yankee Stadium enjoying a game, drinking $8 beer.

Nothing else is important....

Ian's first question to corporate lawyer:

"Where the berkeley were you last week, you cock bag?"

followed by:

"My attorney says........"

Live in North Georgia. Have Baseball Bat. Will travel. We're still talking about baseball, right?

Oooh, 914, Ian has a lawyer by the short hairs. Time to have some phun.

"Gosh, that's mighty nice of you, Mr. Esquiire, but I'm really traumatized by all this. My girlfriend left me because of these false alligations, my life has been totally destroyed, I'm destraught with mental anguish, I've encurred moving expenses. I think about a hundred large should make me feel a whole lot better."

Maybe 150 large and negotiate down to 100 large, or 75 large and a new Exige SC. Remember this: Corporations' head lawyers don't call up and offer things unless you have them really, really bad because their employee berkeleyed something up really, really big. Make no sudden moves. Be very, very careful in all conversations. Plan out everything to say. Say nothing unplanned. There is no need to mention your own esquire at this point. Best not to right now, but drop a few key phrases as mentioned, and they will read between the lines. They know the lingo for what it is. Oh, yeah, phun time a-coming.

Or, if he really does like the place, pick a spot he wants to be, negotiate a 25% raise, parachute clause, corporate MFWIC guy who dis'ed him fired, moving expenses, bonus and iron clad contract in his favor, etc. Or that MFWIC's job.

The corporation's head lawyer called to apologize?!?

I'm not an attorney, but my father and uncle are, and given a phone call like that, I agree with Dr. Hess completely. Clearly the corp. is really hoping Ian doesn't pursue this. Otherwise, they'll be writing a big check!

Dr Hess is so on the money.

Here's what happened last week while you were packing young Ian up;

HR VP gets Ian's termination paperwork, pages through documentation, realizes there is none, Realizes person they just promoted has been terminated without formal investigation. relaizes no HR or legal reps were there. Pounds head on desk, immidetly goes to legal. Lawyer pounds head on desk. "How I can I unberkley this? Oh I know, we'll give him his job back." Prays to walking upright God that Iam decides not to sue, becuase they will have to settle.

Seriously, Hess really is right, there is no reason for Head lawyer to call unless they just realized their cheese is in the wind here. Being nice and relxed after a Yankess game (although, God does hate the yankees) He should sit down and decide what he wants. Good job with security and a little fear, or a good chunk of cash while he gets an art job. The girlfriend thing is HUGE! Weren't they talking about getting married? No matter, when they lawyer asks, they were.

In fact, it might be worthwhile to talk to a lawyer and do all negotiations through them.