Got Laid Off Then Terminated for Cause (attorney, home)

[FiredAfterLayoff]

Hi,

I'm in a weird situation for which I cannot find an example online and this forum seems to have a lot of employment related issues. I was recently employed in a high tech position where I was assigned to a project that was doomed to failure for technical reasons that I told them about. After the project failed as predicted they ended my employment for "budgetary reasons".

I have since received a letter informing me that I have been terminated for cause because I engaged in activities that violated policy after I got laid off. They also sent me a check that lacked money for a time period after the layoff for which they promised to pay me.

I have since contacted my former employer and demanded payment. He said that after I was informed of the lay off and sent home on my last day I was still technically an employee there despite being told that I was laid off.

Can you legally tell am employee that they have been laid off and terminate them later just because you think they published something online that makes you look bad?

[aroseinrain]

Yes. Unless you have a contract with them you can be fired at any time for any reason or no reason at all, and any contract you sign probably has a clause about not making the company look bad. In fact, even if you didn't have an employment contract you probably signed something to that effect when they hired you.

There are two definitions for "layoff":
#1. you are temporarily suspended (a suspension still binds you to the rules of conduct of the company because the assumption is that you will be back on the schedule someday in the near future, or in other words you aren't fired you just aren't being scheduled to work) - if you libel the company you can then be terminated.

#2. you are fired.

Either way, you don't have a leg to stand on.

[FiredAfterLayoff]

I was laid off permanently and no I was never coming back. I was free to exercise my free speech as much as anyone else and nothing I did libeled the company. No contract can trump the Constitution.

[FiredAfterLayoff]

Oh and I do have a leg to stand on. I have inside information on marketing activities that mislead consumers and distributors. They have already been given noticed that payment is necessary to prevent these facts from becoming public knowledge.

[ccjarider]

I think you are screwed. The company will probably spend a lot of money to fight you on this. Mostly to make a statement to all employees.
If you believe in your position so strongly, why are you asking for opinions?

This is not a constitutional issue. If you are raising that point - you obviously are a drama queen. My guess is the company got rid of you for lots of reasons.
#1 being you were a pain to have around.

But go ahead and threaten - let us know how it shakes out.

[skelaki]

If you HONESTLY feel you were wrongly terminated, hire an attorney and do exactly what s/he tells you. Otherwise stop whining and get on with your life. If you did publish something detrimental to the company they had a right to fire you and possibly to counter sue (if you sue them) you for libel. If you didn't publish anything (online or anywhere else), then possibly you have a point. BUT, instead of griping on a forum, talk to an attorney and find out.

By the way, in future be more careful about what you say online. It can and obviously has come back to bite you.

[hamellr]

Have you filed for Unemployment yet? If you lay out the facts, they maybe able to help you.

I would not be using any information you have as blackmail, that is only going to ********* over much worse.

[Silverfall]

Originally Posted by FiredAfterLayoff

Oh and I do have a leg to stand on. I have inside information on marketing activities that mislead consumers and distributors. They have already been given noticed that payment is necessary to prevent these facts from becoming public knowledge.

So...you just admitted in a public forum that you are trying to extort money from the company?

First of all free speech doesn't mean you can say whatever you want without consequences. I would reread your contract and see if you signed a confidentiality agreement or not. You just said on here that what you are sharing is inside information, which most companies protect with confidentiality clauses.

If you hire an attorney, make sure you show them this thread and watch them turn purple. Yikes.

[aroseinrain]

Originally Posted by FiredAfterLayoff

I was laid off permanently and no I was never coming back. ....

So, if this was your understanding of the situation and you thought the business relationship was over then I don't understand what you are complaining about. You already thought you were fired, now you really are.

As for the money that you claim they shorted you on your final paycheck, if you can show that you are owed that money - that you worked the hours or accrued the vacation or earned the bonus, whatever, then you can pursue getting the money for that. But that's a totally different issue from the circumstances of your termination from the company.

If the company owes you money, regardless of whether or not you libeled them up down and sideways, they must pay you the money you are owed. But it's your responsibility to prove that they owe you the money. Your payroll department should be able to provide you with any past time sheets or bonus plan documents that you need.

[Steve Pickering]

[quote=FiredAfterLayoff;17510652]Oh and I do have a leg to stand on. I have inside information on marketing activities that mislead consumers and distributors. They have already been given noticed that payment is necessary to prevent these facts from becoming public knowledge.[/quote]


Are you sure "Extortion" is the answer? Too many people run there .... "Thoughts" ....... across the internet without thinking. Yes you are free to say what you want .... As long as it does not cause another any harm. Right now you need to hope they never see this post as it would most likely end up with you being charged with extortion. And if indeed that is the way you approched them, they may still charge you with extortion.