Was I wrongfully discharged?

I was terminated yet gived the opportunity to resign for using a company computer for personal email use. Later it was disclosed that it was not the violation of the Company Computer policy, but the content of the emails that resulted in the discharge.
* There was no verbal/written warning - just an immediate dismissal
* Others use company computers for personal use - including the owner's son as well as other upper management
* I have my forced resignation letter (that the owner typed), an email from the owner stating that I resigned, and then a certified letter from the owner stating that I was fired - not sure which it was!
* I have an offer letter that states that I will recieve half of my commissions even after I am no longer at the company. The letter does not go into termination vs quitting. My company is refusing to pay my commission due to the fact that I was "terminated"
* I was not able to file for unemployment
* my company's attorney is communicating to a 3rd party details of my termination
* the company is a real estate builder and struggeling- they have downsized in the masses for the past 2 years. I was a sallaried employee who was owed commissions and was replaced with a realtor who only made a draw against commission.

These are just a couple of reasons why I feel I may have a case - please let me know your thoughts.

thank you

1 answer  |  asked Jan 31, 2010 8:11 PM [EST]  |  applies to Ohio

Answers (1)

Bruce Elfvin
Your description does not allow me to make a judgment on whether or not you were wrongfully or illegally terminated. There do appear to be issues related your payments and what the company is doing in communicating to others that raise concerns. I believe that you will not get better answers until you take all of the documents and what you know about the policies and meet with an employment lawyer.

You can select one near you at: www.oelasmart.net/directory

posted by Bruce Elfvin  |  Feb 3, 2010 09:59 AM [EST]

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