Termination

I have been with company X, a large financial services provider, for 10 years. I was always considered a high potential and even recently put into a retention program. About a year ago I was asked to work in a new division which I did against my stated misgivings.
Much to my surprise I have recently been asked to leave the bank because "this environment is not a fit with what you want to do", "you don't believe in this product". I have asked for some proof/examples but they haven't come up with anything and indeed stated that this is not about the quality of my work but about my attitude.
They have not been helpful in finding employment for me in another part of the bank and have suggested drawing up a separation agreement that is forthcoming.
In the meantime, I have found out that a senior colleague has been giving misleading information to the boss and HR about me that led to the situation.

What should I do?

1 answer  |  asked Jul 16, 2001 12:37 PM [EST]  |  applies to New York

Answers (1)

David M. Lira
Terminated for "Attitude"

Your question raises two issues: (1) concerning the misleading information being provided by the senior colleague; (2) the termination itself.

The first issue suggests a possible claim of defamation, but whether what is being said is defamation depends on exactly what is being said. Even if we assume that what is being said is defamatory, it would be granted a qualified protection under the law ("qualified privilege"). The privilege arises because the communication is to your employer about your employment. Thus, any defamation claim, which would be against the senior colleague, would be at best very difficult to win.

As to the second issue, I am assuming that you work in the private sector, and have no union or other employment agreement. IN such a situation, you are an employee at will. That means you can be terminated at any time for any reason, or even no reason at all. You can even be terminated for an untrue, incorrect or unfair reason, as long as the reason does not fall into certain prohibited reasons, such as discrimination because of race, national origin, religion, etc.

THus, there probably isn't very much you can do.

posted by David M. Lira  |  Jul 17, 2001 07:51 AM [EST]

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