Walked out of building, badge disabled, phone disconnected - was I terminated?
I was walked out the door of my company by a representative of HR and told not to return until a later date. The reason given was that I was regarded as a physical threat to others. The basis for this accusation was a completely fabricated statement by another employee to the effect that I had allegedly left the building and was going to get a gun. I did not leave the building, I do not own guns, and I have no interest at all in them. The day before this incident I had told this individual that my manager was requesting that I fabricate a poor performance review for an employee in my group in order to
force them out of the company. In addition, I was walked out by HR following a statement I made that I had made an appointment with FEHA concerning the request to fabricate a false performance review. Now, after leaving the building I then discovered that my
badge was disabled, my phone was disconnected, and my access to the corporate computer system was removed.
From a legal point of view, was I terminated, by virtue of these actions?
Answers (1)
You have posted two questions both of which would require detailed analysis of additional facts for thorough answers. Nevertheless I think the following will be helpful:
Q1: Sometimes opposing attorneys discuss what they believe to be the appropriate grounds for settlement without explicit client consent. However, these discussions are not binding on the client. Settlement is typically only final when there is actual client consent to all material terms of the settlement. In short, without notice and actual agreement by you -- your case almost certainly cannot be settled. Of course, your atty. may have good reason to thinks certain terms are reasonable.
Q2: A constructive termination means that the employer has acted in such a way as to let you know you're fired without actually formally terminating you. There is a specific and stringent legal standard that determines whether the employer's acts are bad enough to be determined a constructive termination. If the employer told you to return to work on a date certain in the near future that fact would seem to indicate a short-term suspension rather than a termination. The other facts you noted would indicate a termination if you were not told this was merely temporary.
Note that A suspension will still be actionable if it was motivated, for example, by your complaints of illegality, but your damages will likely be considerably less than in a termination case.
Again, more facts are needed to determine the likelihood of successfully arguing you were terminated. Good luck, Richard J. Vaznaugh, Esq.
posted by Richard J. Vaznaugh | Nov 3, 2002 4:37 PM [EST]
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