QUICK HELP! question regarding unfair termination... anyone know the laws?

[Guest bastaad525]

Okay this is a LONG story but I will try to shorten it as much as I can.

 

My wife has been working for security companies for several years now. Private companies, but the actual posts she's worked have been federal posts... fed gov't contracts the private companies for a lot of their stuff.

 

Now, one peculiar thing about the way these federal contracts work... let's say you're working at a federal building, you work for company A. Now, Company A's contract runs out, a bunch of companies bid for the contract, and now Company B wins the bid so they come in and take over the post. However, all of the employees retain their positions. For them, it's usually as if nothing changes at all... the paychecks have a different company name on them, and some policies might change, and the uniforms change, but that's about it.

 

Just had to give that little bit of background.

 

Okay, so my wife has been working the federal detention center for people who are being deported for whatever reason. When she first went to work there, Company A (Spectrum security) was the company that had the contract. A small privately owned company. Now during the time she worked there under them, some funny things were going on, blatant discrimination, favoritism, lots of screwed up stuff. But no one could really do anything because it was a privately owned company and the supervisor really held a lot of power so no one wanted to risk their job.

 

Now, a few months ago, Company B won the contract for the post (US Protect). Now this company is a nationwide corporation, with all that that entails. So... after a while when this new company took over (remember, all the employees, including supervisors, stay the same), things were still pretty screwy... supervisors doing a lot of things that they are not supposed to be doing. So finally my wife gets fed up and figures... okay this is a corporate company so lets work our way up the chain of command. She did just that, and eventually ended up dealing with a human resources person in their central corporate office, with whom she filed an official written complaint complete with documentation of everything that had happened up to that point.

 

Well, the corporate guy intervened and had my wife and her supervisors have a meeting... from what we can tell he 'laid down the law' with her supervisors because suddenly their attitudes were completely changed (for the better) and all of the discrimination and BS they were doing to my wife directly came to a stop. Since then she has had no problems, and none of her supervisors have had any problem with her, at least that they'd let on. Everything seemed fine.

 

Well, now, for whatever reason, after a very short term of only a few months, Company A has apparently gotten the contract back for this post and will be taking back over on March 1st. As soon as word of this got out, one of my wife's supervisors called her and told her basically that there would be, and I quote "no more corporate bullshit" and that "if you even sneeze the wrong way we'll let you go". And now, she has heard rumblings from coworkers that apparently a couple of supervisors have openly mentioned that my wife (along with a few other people who had the nerve to speak up about the unfair BS that was taking place) will be terminated as soon as company A is back in charge.

 

Now... again Company A is a privately owned, small company. They place all the power with the local supervisor... so if this guy says this person has got to go, they go, and that's it. There is no one above them my wife or these other people can go to to complain or dispute it.

 

As I understand it, this job is also one of those 'at will employment' type things... which is to say, basically they can let anyone go at any time with or without cause. Not really sure how that works, but it seems like it's basically legal jargon that lets them cover their *** and get away with this very sort of thing.

 

But isn't this somehow illegal? If they fire her as soon as Company A takes back over, and with the record with Company B of the official complaint and such... this is obviously, blatant retaliation, isn't that illegal? We don't have a ton of money so it might not be prudent to try to retain a lawyer, w/o at least knowing we have real grounds to stand on. We can't really count on backup from any of the other people as they are all pussies and most of them have done nothing but cower and turn the other cheek... only a few have spoke up and they don't seem willing to group together, at least not yet (may change after they get fired, huh?).

 

What do you guys think we can/should do at this point? I'm telling her she should quit or give her two weeks notice now, though the two weeks would run over into the time frame that company A would be back and they would probably let her go before her two weeks... my main concern is I dont' want a termination on her record.

 

I've also told her to look into any possiblity of staying employed with company B at one of their many other contracts, since they are nationwide, and we have been considering relocating anyways. But it may not be an option if they dont' have anything available.

 

What about legal recourse though? Hopefully someone here is familiar with the laws and can give us some advice... this is really screwed and I really have a hard time believing these assholes are gonna be able to just sit here and get away with this. Unfortunately, other than her own documentation, there isn't a lot of 'proof' of most of the BS that's been happening... though I think it'd be pretty obvious that if she is terminated that is retaliation since we at least have documentation that she did file a complaint... I dont know what BS reason they might actually SAY they're firing her for but it's already been like.... any little thing she does her supervisor gives her some kind of hard time or makes it seem like she's done something wrong. This has been going on the last week or so.

 

 

So I dunno... guess I better stop ranting on I'm pretty pissed right now. I mean we JUST bought a second new car and were planning on moving to a new place soon and nearly trippling our rent... perfect time for this crap to happen. Luckily I've got enough saved up that we can go 1-2 months if it takes that long for her to find something else... but that money was supposed to be for us to move and buy new furniture... we REALLY need to get out of the apartment we live at now!!

 

So any advice you guys can give PLEASE put it up!!

[VRJoe]

If she's kept a copy of the documentation from the first go around, you have some ammunition. If they let her go after she's given notice you've got a case, but they'd probably pay her for the time. Your idea about asking Company B is a good one. From the sounds of it she's be better off someplace else.

 

- Joe

[Guest bastaad525]

well I'm also pretty sure the corporate HR person she dealt with from Company B will support her as far as showing that yeah, she had filed a complaint and this is how it was handled with these supervisors... I mean it only makes sense as retaliation that they would fire her as SOON as Company A came back.

 

So you think it IS in her best interest to put in her two week notice ASAP and that they can't or wouldn't fire her at that point?

[Mikelly]

This is typical corporate wranglings. They aren't going to fire her. If she gives a two weeks notice, all they have to do is sit back and let the "whistle blower" run out her two weeks and quit and they are done with her.

 

She's complained about the work environment and mentioned the magical "discrimenation" word that has them concerned. So the Supervisors brand her as a "problem" employee. It's that simple. She'll be hard pressed to have any recourse at this time. HOWEVER, if you guys are smart, she'd do well to stay, let them start up again, catch it on tape (*If legal in your state), corroborate it with co-workers/ witnesses, and SUE the living hell out of company A for allowing it to happen. I'm no fan of frivelous lawsuits. That said, When you take practice in a busines of type "A" where one assumes responsibility for employee well being in the workplace, then that responsibility is a partnership to be upheld across the board. Company "A" is willfully failing by not allowing for a workplace free of discrimination.

 

The key here is to make sure to capture everything in a manor that you can prove it. Some of you will remember my supervisory issue back in early 2002 where I had employees make a claim against me and kick off an internal investigation. How did I defend against that? Documentation. In order to protect yourself as an individual involved in employement, doesn't matter if you're a supervisor or subordinate, it is to your best interest to document everything, even conversations, when you think someone is skirting on the edges of legality... When I had phone conversations, I'd immediately sit down and type an email to that individual, capturing the context of the conversation and the agreed upon tasking, or problems still outstanding, and I'd CC my supervisor and anyone else I thought should be in the "know". Same thing with any face to face conversations. I had over 600megs of WORD documents to cover my arse when I went before the executive review board.

 

What saved my career? Documentation. If your wife wants to clear her name, and help the company get rid of problem supervisors/ issues, she needs to document it. Or she can just leave and go elsewhere, and let some other unsuspecting person become victomized by the same people in the same roles.

 

I'd talk to an attorney and the state employment commission before doing anything else. The fact that rumor by her peers of her impending termination is enough to kick off an investigation. The workplace has obviously become hostile, and THAT breaks the law in most states.

 

Typically you can give the lawyer a small retainer to secure their services... Of course from there, when you use them, it'll cost you, but might be money well spent. See if you can get someone to give you a free consultation first. That'll tell you if you have a chance... But go to the Employment commission as well, as they may be able to recommend legal representation at favorable rates and experience.

 

Mike

[innerware]

Mike had some really good advice. Also, your wife believe it or not is a minority. She is a women. There are plenty of lawyers out there that do pro-bono work for minority groups. Won't cost you a dime at first. She should really keep her job too. As uncomfortable as it might be at the moment she would just be doing what they want her to do by quiting. Also it won't look bad if she gets fired. It is not as if it is a police record. Plus if she gets fired then she gets unemployment and you have a bigger case against them. Have her get whatever records in writting too now from coworkers. Have her email those that have passed on some news and ask questions. Ask Mike said documentation is key. Even if your wifes claim was complete b.s. the company would still have to pay a fortune to defend against it. Since it is not bs don't let them bully her around. This kind of crap has to stop.

 

Good luck and stand your ground.

[Guest bastaad525]

yeah she's documenting everything that happens.

 

unfortunately, we did talk to some lawyers today and so far they are all saying 'nope don't got a case'. The only one that said something at all positive said "can't help you now but if/when she DOES get fired then we may be able to help you out IF we can prove it was somehow based on sex/race/etc.".

 

Basically it's all back to that at-will employment clause... that if they fire her just for the sake of firing her, they aren't doing anything wrong. So it's our burden to prove they are firing her for some specific reason and that that reason is unlawful.

 

I can't believe that is the stance of law on this matter... I feel like these guys are gonna do this and get away with it and further will make it that much harder for my wife to get another job in the future. Screwing with her life just because she decided not to just sit there and take their BS in the beginning....

[Mikelly]

Then if you truly feel it is a no-win situation and you don't have a legal stance, I'd recommend she turn in her two weeks notice and quit. I'd also recommend not using them for reference (Unless you use company "B" instead of company "A"). This will at least guard her from being further impacted on getting another job. Also, you'd be surprised at how few employers check on references. Don't sweat it. She could certainly get a job through TSA (http://www.tsa.gov/public/display?theme=2). The airports have a lot of openings these days for security folks!

 

Mike

[Zhadman]

I agree with Mike.

 

I'm going through a similar situation in my present company. There has been a change in upper management that has had a negative impact on the work environment. The individual brought in is unprofessional, unrealistic, and has no regard (or respect) for those that work for him. The work environment has become almost unbearable... The HR department is failing to protect the employees and, thus, there is no recourse for those that take issue with thier treatment. Standing up for yourself is a surefire way to be 'outsourced'.

 

If she's unhappy with the conditions, and has no way of rectifying the issues that are causing her distress... she should leave. It's not worth the stress and heartache. She should be proud that she has been a good employee and has worked hard... always doing her best... even in trying situations. She's probably stronger as a result of her unfair treatment and should feel confident that she will be a valuable asset to the next company she works for.

[Lewis Maudlin]

Employment laws vary greatly from state to state. Many things that work in one state do not work in another. The part of the law that works in every state is Title VII. It prohibits discrimination based on race, color, religion, sex, or national origin. I believe age and disability have been added since, but I am not an employment lawyer. Nothing contained in this posting should be taken as legal advice except the advice to go see a competent employment attorney.

 

If your wife is terminated based on one of the aforementioned protected classes, she has a case. In many states, if your wife quits because of a hostile work environment based on one of the aforementioned protected classes, she has a case. Many states also have other laws in place which further protect employees. To find out what laws apply in your state, you are going to have to speak to an employment lawyer.

 

In most instances, a new company would not have a duty to the employees of another company to hire them. One employment contract I recently read stated that Company A was no longer and that Company B began on Friday. If anyone wanted to be employed by Company B, they would have to sign a lengthy non-compete. After signing the non-compete, Company B had the right to fire them and they could not work in their profession for at least 6 months. Pretty drastic, but at least some corporate attorney believed it passed muster.

 

In another instance, the County was hiring a person. The County was going to choose 2 out of three employees. Since Indiana is typically an at will state, the County only needed to avoid violating federal law, Title VII. So our illustrious County Commissioner reportedly said when hiring the two newest attorney's, "Let's give the young ones a chance". Needless to say, this is a violation of Title VII since it is hiring based on age. The injured party sued in federal court and won.

 

I also found this website which may be helpful:

 

http://www.elinfonet.com/

 

Good luck!

[Guest bastaad525]

well we're not sure what she can or will do at this point. Since this is still 'company B' she's dealing with, she has gone back to deal with the HR person she dealt with when she filed that original complaint some months ago. She explained the situation to him and he basically said that as long as they were all still employees of that company that that companies rules were expected to be followed, and that the unprofessional actions of her brother/supervisor would not be tolerated. So... he's looking into it and will be contacting her local supervisor again... we'll see if anything is actually going to be done.

 

In the meantime, the HR person also told her she was welcome to stay employed with their company though he was unsure if there are currently any local openings, he was going to look into some out of state stuff as per her request... which she had originally contacted him about last week before all this BS started back up.

 

So... other than whatever this guy may do, there's nothing else to be done except wait out the rest of the month. They won't fire her.... they can't. Not w/o corporates okay, and that's not going to happen since this guy knows what's up and can plainly see if they DID call to fire her it would be retaliation. So basically it just seems that when the contract switch over happens she just won't be part of that... they can't fire her and technically she's not even quitting.

 

And yeah, as far as reference goes she'll just list company B since that's who she was working for, and since none of her prick supervisors will be employed by them anymore she doesn't have to worry about any potential employers talking to those people...

[Guest norm[T12SDSUD]]

This is where the term "going postal" would be absolutely appropriate ;unfortunately for us all, the pussies in government have a problem with meeting out just punishments.

Too bad we aren't still in the Wild Wild West Days where people could take care of probelms without fear of prison.

 

It reallly does suck, but like the lawyers said that "AT WILL" clause protects these scumbags. I think the others are right in telling her to stay on and see if they fire her.With her documentation of past discrimination I would think she has a great shot at winning a settlement.

 

BTW was favoritism being shown to a certain race of people?

[boodlefoof]

My advice would be to talk to a plaintiff's attorney for employment discrimination, specifically one that deals with retaliation. They often will give free consultations, and often work for a contingent fee... so they don't get paid unless you win your eventual case. Can't hurt to talk to them...