wrongfull termination, descrimination, wage payment.

I was recently terminated for absenteeism/tardiness, this was the company's reason. My wife had major surgery and I needed to have time off to be home with the children. I had vacation time(7 days), sick time(6 days), personal day and floating days( 4 days). I was in constant contact with my manager and supervisor leting them know the situation. I was advised I will be using my days that I have available. I missed 10 days and was going to be back to work on a monday. I called in to advise I had to get supplies as my wife was coming home on tuesday and I will be back on wendsday for work. I would have made it back in time for the end of month rush( which is the busy time). I was called later that day by HR and told that I was terminated.

This is where everything is interesting. I work with majority of woman(all of my managers and supervisors)and a majority of my coworkers also woman along with a few seniors and quit a few gay men. A few weeks earlier I requested a meeting as myself and a few others were tired of certian people getting away with what ever they wanted. I was told this would be handled. 2 Females were alotted 2 weeks for a death in the family and a few of the ladies are always late and nothing is ever done to them. I was never warned for any tardiness or even spoken to about this. I have always been early to work and stayed late. I worked there for 9 months and went through a temp agency. I still had time available so I was not using unexcused absence.

In my termination letter I was told I would be payed up to and including my last day, which I was not. I was also due a quarterly bonus which I was not payed for, I was terminated 4 days before payday,(this was the bonus pay which was from the quarter oct,nov,dec.)

I have been approved for UC benifits however I signed a non-compete. I contacted employer to get see about getting realesed and was told no way and they would hold me to that(1 year). I can not go through the temp agency as they want me released from non compete to go to other companys.

This company does not follow their rules outlined in the employee handbook,(at least for certian people).

Any advice would be very helpfull in this matter. thank you

1 answer  |  asked Feb 20, 2004 01:42 AM [EST]  |  applies to Pennsylvania

Answers (1)

Christopher Ezold
You may have claims

Before I answer your question, I must advise you that we have not spoken and that I am not your attorney. Furthermore, I have not reviewed your documents and there are a great many facts that could be missing from your question which might change my answer.

That being said, you appear to have several claims, as well as a valid defense to enforcement of the noncompetition agreement.

The differential treatment you describe does indicate that you were discriminated against based on your gender. Furthermore, being terminated so closely after complaining about differential treatment indicates that you were retaliated against for complaining of discrimination. Therefore, you may have state and federal claims of discrimination and retaliation.

You may also have a claim for violation of the Family Medical Leave Act (FMLA). There are a number of factors missing fro your question that would directly affect your rights under the FMLA, so I cannot be sure if you have an FMLA claim.

If you were not paid for work you performed, you may have a claim for breach of contract and violation of the Wage Payment and Collection Act, which could provide you with lost wages, liquidated damages and attorneys' fees in a judgment in your favor.

Finally, your termination and your employer's behavior may provide you with a valid defense to enforcement of a non-competition agreement. I cannot fully evaluate this issue, however, without having reviewed the agreement itself. Issues within the agreement may also invalidate any non-competition obligations you may have.

Again, there are a number of factors missing from your question that could change my answer. Furthermore, you have a limited time to bring any claims you do have; you should contact an attorney immediately if you wish to pursue your claims.

If you wish to discuss your claims further, feel free to contact me at the address or telephone number below.

/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
401 City Line Avenue,
Suite 904
Bala Cynwyd, PA 19004
(610) 660-5585
CEzold@Ezoldlaw.com

posted by Christopher Ezold  |  Feb 20, 2004 08:44 AM [EST]

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