A Pickle

I am a systems engineer with my firm. My company recently tested their employees product knowledge with a series of exams. The first exam was for systems engineers, about 40 people. During this exam our immediate supervisor told us in writing that we could colaborate during the exam. The next two of the exam was for all feild employees, about 200 people. The instructions for this exam were almost non-existant. No rule stated that we could not colaborate and a supervisor from the Account Executives told them and me that we could colaborate on these exams. Additionally, another supervisor was on the call with us during the exam and never told us what we were doing was against company policy. These exams had at least 9 questions, out of 80, that could not be answered correctly. I raised my concerns with these exams, in writing and listing the specific questions that could not be answered, with my immediate suporvisor. Specifically, that the exam was flawed and that people's employment and compensation was riding on a flawed exam. I was told that the exams would not be used to lower anyones compensation this year and that this was a trial run. About two weeks after this, I received a letter of repremand for colaborating during the second exam and received a reduction in my raise for this year. These supervisors told the HR department that they did not tell us we could colaborate. I did produce the email were my supervisor told us we could. I was still reprimanded. I wrote a rebuttal letter explaining my actions in writing. Several weeks have pasted and now I have discovered that some people who took the exam have actually benefited from this exam and did receive increases in compensation for their scores on the exam.

I felt this was unethical and have desided to leave my employeer. However, the position I wish to take is with a partner firm and I had to ask permission to even pursue this postion from my employeer. I did so and now have been threatened that my current employeer will tell the partner firm of the exam reprimand. Now my immediate supervisor is flying to my regional office next week to talk with my. I have been told they are coming here to fire me. I see so many thing wrong with this sitution but I have now idea what the legal issues are if any. please advise.

1 answer  |  asked Feb 7, 2004 11:33 AM [EST]  |  applies to Texas

Answers (1)

Trey Henderson
wrongful termination

You should consult a local attorney for a complete analysis of your situation. The short answer is that it is employment at will in Texas, and your employer can terminate you for any reason. There are, of course, exceptions, such as your employer cannot discriminate against you because of race, gender, disability, etc. From the brief facts you have given, it does not appear that this was a case of protected discrimination. You may have a defamation case against the employer if the employer is saying things about you that are untrue. Since there is probably much more to your story, I strongly suggest that you seek local counsel for an opinion.

posted by Trey Henderson  |  Feb 7, 2004 1:26 PM [EST]

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