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Home > Law > Corporate Law   »   wrongful termination

 
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Old Nov 14, 2006, 05:06 AM
broadwayltd
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wrongful termination

my former employer, fired me for allegedly violating a security rule. I was terminated for plugging a non corporate portable into the Corporate network. I have been using my Macintosh openly, for over NINE MONTHS, in plain sight of all my peers and management and no one ever told me to stop. Several managers, including the two who released me looked over my shoulder several times while I was trouble shooting issues from my Mac. I use this portable as my main source of information as all my notes for doing my job are on this machine. I only have this machine because JPMC does not supply internet access or home pc's for employees when they are on call. It was used only for business. The last six months of my employment, I was on call every day. Literally all day 24/7 as there are only two people managing the TSM backup systems for Card Services. I have recieved great performance reviews and until the day before I was fired there was NEVER any discussion or written orders to stop using my MAC at work.

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Old Nov 14, 2006, 05:15 AM   #2  
ScottGem
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My question is; was there a published rule about use of non corporate equipment before you started using this machine? If so, and you started using the machine without getting express and written permission then you probably do not have a case.

Any case you have hinges on what positions your managers hold with respect to corporate security. If they are not involved in netowrk security. Then its probably the security people were not aware and just caught on. While they should have defended you, they were probably more concerned for their own jobs. However, if those reposnsible for network security were aware of your usage and didn't take immediate action, then you might have a case.

However, most states do not have laws governing wrongful termination except in cases of discrimination (age, race, etc.). Unless you can show probability that your termination was due to one of those factors instead the stated reason, you don't have a case.

Bottomline is I recommend consulting with an attorney familair with this area.
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Old Nov 14, 2006, 05:51 AM   #3  
excon
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Hello broadway:

Yup. They did you dirty. No question! But, as Scott mentioned, in the absence of discrimination, or a union, or personal employment contract, you're outta gas. Your employment is covered in the law by the term "at will".

That means, that even though they did you dirty, they had a legal right to do so.

They can fire you, but they can't lie. Keep your eyes on them. Ask them for a letter of recommendation. See how they respond to your application for un-employment insurance. See how they respond to employment inquires from future job prospects.

excon

PS> It seems to me there's another reason why they canned you, and used the Mac story as an excuse. But, you'd know more about that than I would.
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Old Nov 14, 2006, 06:27 AM   #4  
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First, please use PMs or e-mail for correspondence of a personal nature. I prefer to keep the discussion in a thread public.

I'm not saying what they did was right. And there may have been other reasons not being said. But, you should have asked first. Since you appear to be an IT tech (as I am), I know I would never put hardware or software on my company's systems without permission.
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