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Do I have a case for an Employment Lawyer
Anonymous4 views2 answers
I was terminated today because of texting in my classroom. I've worked at this place for almost 2 yrs. I called corporate 3 or 4 times in the past 3 months about issues concerning my director & assistant director. I was ask to be in a meeting to address the issues with my regional director, director & assistant director about a month ago. My attendance & everything is fine however, I've been wrote up once back in 2010 to my knowledge for texting. In our handbook it states no texting at work. I know i was in the wrong but, I've been treated differently ever since they found out I called corporate. I was wrote up Wed. for texting last Thurs then terminated today for texting Wed of this week. I just need to know if I have a case b/c, I feel I was retaliated against since I called corporate & got them in trouble.
If I understand your statement of the facts, (1) you know that texting is not allowed at your worksite; (2) you have nevertheless repeatedly engaged in texting at work; (3) the employer has cited you previously for texting at work in violation of the rules; and (4) now you have been terminated for texting which (5) you did in fact engage in. But you think your termination might be reversible because you have previously complained to corporate about your supervisors. Did I get all of that?
I think you are out of luck and out of a job. Even if they do dislike you because you complained to corporate about your next 2 levels of supervisor, nothing that you have stated about those complaints is protected activity. So, even if that is the true reason, or part of it, it will not insulate you from termination. But the issue of complaining to corporate is unlikely to be evaluated as a factor of any weight in this termination. You gave them more than enough reason to terminate you with repeated and knowing violations of work rules. Make an immediate application for unemployment benefits but be prepared to press an appeal.
Although I cannot tell from your post whether you "have a case," I strongly disagree with Attorney Mccall. It is possible that you have a claim for unlawful retaliation. To prove unlawful retaliation, you must show that:
(1) you engaged in protected activity,
(2) you were subjected to an adverse action and;
(3) a causal connection existed between the protected activity and the adverse action.
You have provided enough evidence to initially establish the last two. The real issue is whether your complaint was a protected activity. I recommend that you speak to an experienced employment attorney to help you determine if your complaints were protected activity.
Additionally, in every wrongful termination case the employer will provide an alleged "lawful" reason for the termination. You will have the burden to prove that the reason the employer provided for the termination is pretext for retaliation. In this situation, you would need to offer evidence that "texting" is not the real reason for the termination. One way to do that, as an example only, is to show that other employees engaged in the same conduct (texting) and were not terminated.
I do agree with Attorney Mccall that you should file for unemployment immediately. If you have an appeals hearing, you should consider retaining an attorney to help you.
Please keep in mind that any attorney can respond to a question on attorneyqna.com. Those attorneys may not be licensed in North Carolina, may have little or no experience with employment law and/or may have their own agenda. You need advice from an experienced, North Carolina licensed employment attorney who represents employees.
