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    DEVRAHAMILTON's Avatar
    DEVRAHAMILTON Posts: 11, Reputation: 1
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    #1

    Jul 7, 2007, 07:41 AM
    I retained an attorney to file a wrongful termination lawsuit
    To make a long story short.. I n May of 2006 I took a jobas the # 2 person in an organization. There were issues of jealousy, etc. the usual but I persevered.In December I received a 4.75 evaluation out of a possible 5.0. In April, I was asked to "discuss my exit strategy". There were issues of racism (though this is something I just didn't want to admit to myself). Essentially, rather than educate.. it was easier to let me go. My attorney
    Was told that they would mediate after doing a 30 day investigation. Then.. the mediation was rescinded because "corporate had such a busy schedule" the investigation would not be completed until the end of July. Can someone tell me if this is the usual course of events?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Jul 7, 2007, 09:53 AM
    Hello Devra:

    No, they're quite unusual. Most times people are fired and that's that. Unless you were covered by a union or employment contract, there is NO reason for the company to investigate, and there is NO reason why you should have hired a lawyer.

    You have no right to a job. They can fire you for looking crosseyed at them. I don't know why your lawyer didn't tell you that.

    excon
    DEVRAHAMILTON's Avatar
    DEVRAHAMILTON Posts: 11, Reputation: 1
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    #3

    Jul 7, 2007, 10:25 AM
    Thanks for answering.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Jul 7, 2007, 03:42 PM
    Yes, I can only give you from the US side of things, I do know such cases based on laws in many Europe nations are much harder.

    But in the US, there are very few states that have workers rights, and unless you have a contract or are part of a union ( as noted) you have rights, but will have to prove. Not think, not believe, but KNOW with proof that can be handed to a judge and a jury that is of the type and kind that can be admitted in court.

    So what is the company doing, they are most likely getting rid of any evidence if there was, deleting emails, destroying files and the such.
    And honestly if you were the number 2 person, what type of kind of investigation can there be? Only the number one person could have gotten rid of you, or a board of directors, so they know if you were or were not.

    So you will have to have them either admit ( and do you believe they will admit there were wrong? You worked there what do you think) or you will need copies of memos, emails , or someone to testify in court they were aware of this. Do you have any of this, if not can you get it.

    What do you have beyond your opinion that this happened for that reason?

    Did your attorney work on a percentage if they win? Or are you paying him by the hour to do this ?

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