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    bunnyhugu's Avatar
    bunnyhugu Posts: 2, Reputation: 1
    New Member
     
    #1

    Mar 17, 2009, 03:36 PM
    Terminated for talking!
    Here’s the short version: After observing 2 incidences of working while talking in a period of 5 months (between September 2008 and mid January 2009), she accused me of “socializing too much,” and finally made this the main reason for grounds for dismissal on March 16th 2009. She agreed that I am fully capable of doing my job and that the termination was not based on my incompetency. I work in a laboratory setting with 6 other employees. Most of my day is spent in an isolated “hood” environment with 2 of these employees where interpersonal contact is limited. Directly after being dismissed I was asked to leave immediately. I am currently seeking the help if HR and legal counsel to understand my rights. I would have no problem returning to this place of work, even under the same supervisor considering she is not attacking my skills as a technical worked. She has acknowledged that I have 3 projects which I handle well. I do have a contract that says you can be terminated at anytime for just cause. Do I have a case of defamation of character?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Mar 17, 2009, 03:39 PM

    It is not defamation of character if you are talking too much according to your supervisor.

    Were you?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    Mar 17, 2009, 03:45 PM
    Quote Originally Posted by bunnyhugu View Post
    I do have a contract that says you can be terminated at anytime for just cause.
    You need to get "just cause" defined


    Quote Originally Posted by bunnyhugu View Post
    Do I have a case of defamation of character?
    Where was your character defamed? I don't see it.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Mar 17, 2009, 04:45 PM

    No, they merely said you were talking too much, ( not against character)

    And this is considered wasting company time, and could be considered at least to most business professonals as a just cause.

    Unless you can prove you were not talking in excess, I doubt you have a case.
    bunnyhugu's Avatar
    bunnyhugu Posts: 2, Reputation: 1
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    #5

    Mar 19, 2009, 11:27 AM

    Thanks everyone, but I meant to ask if I has a case for wrongful termination. My point being that she has never criticized my efficiency of work and I have testimony's of co-workers proving I don't socialize. Also, the environment of my work doesn't allow for socializing even if I wanted too since its individual work stations.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Mar 19, 2009, 11:32 AM

    What did you do at the time of the first and second accusations that you were "talking too much"?

    With employment at will you can be fired at any time for anything so I still don't think you have an action but am curious to know how it got to the "termination" stage.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #7

    Mar 19, 2009, 11:33 AM
    Quote Originally Posted by bunnyhugu View Post
    Thanks everyone, but I meant to ask if I has a case for wrongful termination. My point being that she has never criticized my efficiency of work and I have testimony’s of co-workers proving I don’t socialize. Also, the environment of my work doesn’t allow for socializing even if I wanted too since its individual work stations.
    Since you have a contract, the terms of the contract govern here. If the contract says you can be teriminated for just cause, then the only way you can sue for wrongful termination is if they do not have just cause. So you need to get just cause defined.

    Its not hard for a company prove just cause. So I really doubt if you can muster a case.

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