looking for advice for my partner who is a data scientist at an ad agency in NYC. He had been working 70+ hours a week on a project that fell apart while he was on vacation due to it being passed to a junior person who didn’t understand it, and he got blamed. Afterward he said he was burnt out to his manager and then was fired a week or so later, even though the project recovered. Is there grounds here for wrongful termination? How does he argue for more severance?

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Most states in the united states' are at will employment. Which means they can fire you for basically anything (outside of race, sex, gender preference, etc).

The only thing he can challenge is whether he was fired for cause. Most of the time companies have to document your warnings, etc.

He should definitely go and get unemployment. Tell him to not resign (unless the severance > unemployment)

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Oh I'm really sorry to hear that. G1 is correct that his employment is probably at will. If your partner had had a mental health or other health crisis and they learned of it and then fired him, without it having affected his work (or if you could prove that it didn't suffer under his watch), then you might have some kind of grounds. But what I really think is that this is just an example of a company that is heartless and a buildup of burnout that snowballed into a bit of a situation - and I believe that this will lead him towards something much better for him. I do wish there was a way for him to mention to SOMEBODY before he leaves what really happened with the project/throw the guy under the bus, but only he can determine if that's bad karma or self-respect.

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Wow, what a terrible situation to be in. I agree that it's absolutely not his fault and he shouldn't have been blamed for the issue but there's probably not a whole lot you can do. Did they give a reason for firing him that you can maybe argue isn't backed up by documentation or something? At-will employment can bite the employee sometimes when employment ends because it results in relatively little protections.

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I would hope that he is able to set the record straight about his role in the project before he leaves. And I would hope that he could also have a very real and honest conversation with his manager again as a kind of post-mortem to repair any misunderstandings or flaws in how this was represented.

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Also should add that 1. He didn’t want to throw the more junior guy under the bus during retro so the blame got wrongfully put on him 2. The project was ultimately delayed 1-2 weeks but there were no other adverse consequences. The algorithm is outperforming Google

This sounds like theres more going on. “Burnt out to his manager” = insubordinate, disrespectful, offensive?

Yeah I guess he could have come off poorly, idk how you are supposed to tell your manager you can’t sustain working 70+ hr weeks for months :/

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