Trying to find out if a friend and former co-worker has a case for wrongful termination. I think she does but I'm no expert.

A co-worker who resides in Arizona was fired two days ago for lack of job performance according to our employer. The company which is a new company about five months old had two Leads and she was one of them. The company is an "at will employer" with company and disciplinary policies that are selectively enforced depending on if you're liked by the supervisors.

My friend had no knowledge until the day she was terminated that our supervisors had been placing disciplinary letters into her file, a total of 12. At her termination meeting our employer gave her a stack of disciplinary letters full of lies that contain his signature. Not one of the disciplinary letters contain her signature or a statement of refusal initialed or sign by her or the supervisors. When she questioned the supervisor about the contents of letters or about not having received them he politely excused himself. My friend believes that she was terminated for personal and not disciplinary reasons because she wrote a letter to our supervisors requesting a meeting to discuss why there where no state/federal labor law poster in our building, why they do not post internal positions when open rather than offer them to the employee of choice, to request they refrain from talking about religion and why her job description and duties seem to differ greatly from the other lead who did absolutely nothing and got away with it and other company/employee issues. She did all of the work and documented a lot of stuff.

The two Supervisors who are both men and their boss, our Manager are great friends who all attend the same church. The two supervisors were hand picked. Employees including myself do not complain because it will get no where. One employee was sexually harassed by the male Lead, he told one of the Supervisors who did nothing. The guy is scared to go above their heads out of fear of termination. He told her and she offered to file a claim for him but she needs additional information. Complain and they make your life hell. Employees quit here a lot.

The results of her letter: The two supervisors gave it to their boss to handle without discussion with her. She met with their boss, he immediately made it clear to her that his position was with them and the other issues where not her concern. The disciplinary letters started according to the dates four days later. One disciplinary letter blames her for an employee who was a "no call/no show", One for changing an employees schedule... she doesn't have the authority, the other supervisor changed the employee schedule without telling anyone it caused a problem so to cover himself blamed her. Another for insubordnation, in the break area she was overheard by a supervisor commenting to another employee about applying for the supervisor position (their position) because it's still listed on the employment section of the company website. Many of the disciplinary letters contain comments and/or statements that the supervisor claim other employees made. One in particular, Employee B claims that in the presence of customers she yelled at the top of her voice at him to move his vehicle. She is a soft spoken but outspoken person. Bottom line, the two supervisors are intimidated by her education and experience in our field of work which they lack but it helps to be good friends with the Manager. She is a very knowledgeable person, if she doesn't know anything she will seek to find it.

We work a split shift, upon the employees return we learned via a notice on the white board that she was terminated. The supervisor took pleasure in letting us know that he succeed in terminating his first employee. My friend who was outrage by the lies, wrote and distributed off company property a letter addressed to each employee about being terminated that included copies of the disciplinary letters. She include a truth to lies and discrepancies page to set the record straight. I'm so proud of her! The first thing I noticed was that none of them were signed by her and some were memos. Some employees where shocked to see their name or commented "it didn't happen, or they didn't say that". The two supervisors got wind of the letters, told each employee not to read them and to turn them in or else the company would not be able to side with them. The two supervisors and their boss called a mandatory emergency meeting that is schedule for Monday to discuss her letter and to announce the employee who will take her position. Unfortunately, she is being made a scapegoat and no one is willing to stand up for themselves or her. In the mean time, she sent a certified letter to our supervisors indicating her intention to file suit, therefore; requesting copies of all documents in her personnel file, timesheets and a notarized statement attesting that the contents of the disciplinary letters to be factual and true, along with an explanation for no signature or refusal statement. A notarized letter from the employees who's names were mentioned in the disciplinary letters. No one knows that she and I are good friends. Just for the record, I am her inside source at the moment and don't want to blow my cover by speaking out. However, I do plan to quit but not before I help her win. Should she write a letter to the owner and board of directors of company, I'm sure they have no idea what is going on in our department. She really needs some legal advice but can not afford an attorney so on her behalf I would appreciate all advice or the name/address of an employment attorney in the Phoenix, Arizona area that can help if they feel she has a case. Also, there are two/three other employees that secretly support her as well.

I know this was a bit much to read but I thank you from the bottom of my heart for doing so!

Wow, I know you say there's not much money to hire a lawyer for this, but in order for your friend to really pursue this, she might need to at least have a consultation with one to see if she has a case!

In the meantime, read this excellent site that outlines Arizona employment law! You should find it very interesting... it explains how Arizona goes by the "at will" employment, which means basically that the employee/employer can terminate employment so long as it's not a result of certain reasons.

Here's the site: Employment Law in Arizona (http://research.lawyers.com/Arizona/Employment-Law-in-Arizona.html)

The part that caught my eye concerned what you mentioned about your friend bringing up the missing labor law posters and what sounds like the possible retailation that followed. Here's an excerpt from the site:

"And it's illegal for an employer to terminate an employee:

For refusing to break a law
In retaliation for filing a discrimination or safety claim
For taking leave under the Family and Medical Leave Act
Without following its own stated procedure or policy
For reasons not contained in the employment contract, if one exists"

Please have a look at the site and tell your friend to have a consult with a lawyer - that's her best bet and could be worth the money!

Let us know what happens on Monday at that meeting!

Gooooood luck!

Hello Need:

I didn't read the entire story, because in the final analysis - it doesn't matter.

Unless she was fired because of the reasons in the above post, or unless she has an employment contract, or unless she is a member of a union, or a protected class of workers, she can be fired for any reason whatsoever.

And, that's ANY reason whatsoever - or even NO reason at all.

excon

From what I read, your friend submitted a letter, a protected act under Title VII of the Federal Law. It does not matter that Arizona is an "at will" state. Once that letter was submitted, the company treads on very wavey waters if they fire the employee. Arizona also has laws in place that protect employees from protected acts. Your friend should get an attorney. But first she would need to file with the eeoc. I think she only has 180 days to do though after the fact. But bottom line is that what her employer did is considered malicious and wrongful discharge... retaliation toward a protected act. Also, if they falsified her employment records that is against the law.

Hello cool:

So, if I was about to be fired, all I would have to do is write a letter and that would stop them?? I don't think so.

I again, didn't read the long post because the STORY makes no material difference. Even if her employer WAS malicious and wrong for firing her. He has the right to do so.

excon

Ok, I am like excon, I sort of fell asleep about 1/2 way though.

Don't matter, so they did not tell her about the problems, the "warnings" are nothing but management notes of her behavior, not warnings,
They don't have to warn her, they can just fire her anytime they want.

If they fired her because of her reliious beliefs, then that is wrong, if they fired her because she was black or red or asin or mexican, that is wrong, if they fired her because she was homosexual that is wrong in some places. But they can fire her because she has red hair, because she is left handed, because she drives a ford, or because they don't like her work. So they are a bad company to work for, she goes on and finds somewher new to work.

If she wrote that letter before the disciplinary letters started she might have a case.

But it would be very hard to prove. She needs to consult an attorney.