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Pro
I was successful once (only time I tried), but my position was a forced resignation under threat of termination, which would have gone on my U4, which would have traveled with me for the rest of my career… I was only at the company for 2 months and all of my licenses to produce had not transferred yet…
I wrote an open letter to the CEO (think big 4 financial institutions), his down line and copied the board of directors…
Opening offer was $35k… I got them up to $250k… without an attorney… nobody would take my case because of binding arbitration and they’re literally the largest FSI in the metropolitan area…
It was a David v. Goliath story, and don’t imagine that it will ever happen again…
Chief
That is wildly impressive. Wasn't expecting a feel good story but here we are!
They usually settle when it’s legit.
Those settlements have an NDA/non disparagement clause.
Chief
Fair. Maybe that's why we don't hear of many.
Rising Star
They usually don’t go to trial. Companies often try to settle to avoid the publicity and cost. There are times when companies legit do bad things but so many wrongful termination claims seem to have very little merit.
Rising Star
Why would you hear about it?
Chief
I feel like i constantly hear people claiming they have a wrongful termination suit but very few stories of people actually having a successful one.
Chief
Yes. When there is actual law breaking by the employer. The reason you don't hear a lot about winning suits is that many if not most are brought despite the company not having done anything illegal -- the employee just didn't like how the company managed the termination. In addition, many employers will settle before things get to a lawsuit just to make the person go away, even when they know the person has no case. Often, the cost of defending frivolous lawsuits would exceed what a small settlement would cost.
As is shown in this bowl, most employees appear to believe that "unfair" equals "illegal," but it doesn't. Poor management is not illegal. It stinks and should be corrected, but it's not illegal, which means that employees who file suits based on poor management don't win, even in jury trials, because the defendant's attorney will educate the jury on what constitutes "wrongful termination" and the legal restrictions around that term.
Chief
It seems like this is the crux of the matter. Some situations are probably also wildly hard to prove.
Usually only if it’s for discrimination. I contacted eeoc one case was because I got fired for sticking up for my Hispanic team. They settled that one. Other one was against my religion. EEOC told me that it was not against my religion because they said that I made a mess in a public area even though the mess was my Bible and the public area was my office.
Yep, the district manager went off on me. Told me I had to keep that stuff in the broom closet and compared me having personal items in my office to the Muslim girl praying in the middle of the store. She prayed in the broom closet. Then said they fired me because I had left a mess in the common area. Like my office is a common area? And all my coworkers were jelly fish. I didn’t sign anything so the company was four nines out of AZ AKA Dallas gold and silver out of Texas.
Most of wrongful termination lawsuits are for discrimination. Most are without merit, but there are still some situations where there is actually discrimination. If someone gets canned right before a bonus is due or they’re complaining about not getting overtime pay, that can be legit.
I successfully settled an age discrimination, harassment, retaliation claim before the lawsuit was filed and it went to court. I had a lot of documented proof and a good lawyer. It only required a letter from my lawyer to the ceo saying he was going to file a lawsuit.
The settlement also included an NDA so no one ever heard about it.
I was approached by head of human resources department and was interviewed via email through indeed and then a half hour phone interview. I was then asked to come in for in person interview. I agreed. I suffer from neurological disorder and decided to cancel. I did not tell them anything accept it was a health issue. Over the weekend I decided I wanted to interview and reached out to the human resources director who had written me a long dissertation how they would be interested in me still. I told her about my neurological disorder and she never responded for an interview. I feel that is discrimination. What can I do?
Yes, I won a settlement earlier this year from a wrongful termination that acquired 4 years ago. It was due to religious freedom violations. I told a client that I was a Christian, in relation to my position and in order to build rapport with my client. The client never complained, no client complained but an internal reviewer did. I was terminated a couple of weeks later.