Is it unlawful to retaliate/fire employee who blewwhistle w/o knowledge of companywrogdoing

I was terminated from position on Nov 4th/10 for "not being a goodfit", not understanding my job responsibilities and for telling a Manager ( whom my company has a contract with) that a procedure for "contracted service my company manages has been amended"- which is truthful. I did not know this was unlawful nor was I trained or given any orientation in reference to the Contractual agreement/policies etc... I was given a bonus from my employer on Oct 20th (a few weeks later I'm fired"). I have had no disciplinary actions against me during my time employed. My employer also told this Manager/and other Managers -whom they are contracted with that I am on a "workplan"- which is a lie and not in my personel file. I do know that my supervisor was asked about the amendment and quickly after I was fired. The employee handbook states that "they use a progressive discipline policy and only terminate immediately for agregious, flagrant issues/violations. The handbook also says that employees are encouraged to file a grievance with the CEO/President if they feel they have been treated ubfairly. - My supervisor is married to the CEO/ President- so I don't believe I have the same option as other employees in the company. I cannot find any research on laws that protect someone who blew the whistle but did not know of wrongdoing by employer.

1 answer  |  asked Nov 23, 2010 11:37 AM [EST]  |  applies to Massachusetts

Answers (1)

Kevin McGann
I have to interpret what seems to have happened to you: You work for a company that provides contracted services to its customers, and when you were doing this a customer asked a question, or for a service, and you said the "contract was amended". You don't say anything else about the incident, but you think you got fired for it.

The company has a right to let people go who don't have the skills required for the job. One possibility here is that the company was expecting you to treat this situation differently, or more politely, or with more information. This is not an illegal reason to let someone go (as "not a good fit." ). Customer contact jobs often require personal skills and instincts that can't be "trained".

You have not mentioned any unpermitted reason for your termination.

There is nothing here that implies the legal concepts of "whistleblower" or "retaliation".

In Massachusetts the trend has been that employee handbooks are not enforceable as contracts.

You should be eligible for unemployment benefits, since you did not knowingly break a rule or commit misconduct.

posted by Kevin McGann  |  Nov 23, 2010 3:09 PM [EST]

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