My coworker just got fired the day after 10/15. She was fired for “poor performance” but we believe she was actually fired for reporting a senior to HR for harassing another tax staff. Cont...

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Her job is gone. She should get all of her reviews together and documentation of the harassment complaint and retain counsel.

likesmart

Does she have documentation of good performance? Emails, review comments, snapshots? If there is no proof of poor performance, that could be construed pretty easily as retaliation. If so, retain an attorney.

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Get documentation of performance reviews, review notes on returns, emails regarding projects, documentation of the report to HR and the timing of the firing. Contact an employment attorney. I wouldn’t ask for reinstatement or employment because they will make her life miserable and just find a new reason to fire her. Seek damages and tell them she’ll agree to an NDA only if certain monetary levels are met. Otherwise, she will publicize the workplace harassment she witnessed and the retaliatory firing. She’ll get more money that way which will give her more cushion as she looks for new employment. Also, the NDA goes both ways, so they can’t disclose why she sued them either. The firm will always look like the a$$hole in that situation so she will be good for future jobs.

likehelpful

most accounting firms make you go through arbitration:(

She has been working over 10+ hours per day and hasn’t got complaints from the partners or comments regarding her performance. So it came out of the blue. What can she do?

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I don’t think so, EY is very serious about retaliation, highly doubt anyone would stick their neck out for a senior, who are a dime a dozen. There’s more to this.

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Agreed. Your friend isn’t telling you everything. My history with firings of staff/seniors is there is always a documentation and trail of the firing coming to build the employers case. If there were 0 negative reviews, no complaints, and good reputation there is a case here. But as always, something smells fishy

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I feel like it would have to be a pretty small firm for a retaliatory firing to happen over a senior associate. No one gives a shit about staff.

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The tax staff didn’t report the senior?

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So much for see something say something. Which firm?

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At this point it’s kind of done...not much you or they can do. You could threaten a lawsuit but it won’t get their job back. 

smart

Well she can’t do shit now. Just look for another job and don’t go to hr for other people’s problems. The tax staff is still there and so is the senior she reported about. Who told her to play lawyer? Also, most likely there was something a lot more, most people don’t disclose their own wrong doing. Maybe she missed a deadline or something, and the manger acted like it’s ok so she continues working till 10/15.

helpful

@Deloitte 1 - this is why I like working here...more people willing to stand up and say something.

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