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Is it really this easy to sue for wrongful termination???

I work with a very lazy woman. She is consistantly late for work. She is never where she is supposed to be, and when she is found, it's usually hiding somewhere talking on her cell phone. She is constantly critical of others work performance, but does not get her own work done. I have caught her several times in conversations with other co workers, telling them that they shouldn't be doing XYZ because it is not in their job description and that they aren't being paid to do it.
Several of us went to our boss the other week and complained. We are tired of her putting us down, picking up her slack and bring down morale. The boss said she's talk to her.
So far, nothing has changed. Today, as I was talking to the boss's assistant, I remarked, "What does Connie have on the boss, Connie doesn't do her job, tells others not to do yet she is constantly getting everything she wants and her butt kissed!" (continued)

 
Anonymous

Asked by Anonymous at 5:19 PM on Sep. 22, 2010 in Money & Work

This question is closed.
Answers (8)
  • SUING is easy. WINNING is not. And if you're in an at-will stat it's almost impossible to win.
    gdiamante

    Answer by gdiamante at 11:21 PM on Sep. 22, 2010

  • I'm pretty sure, as long as he is or has given her warnings (verbal w/ a witness present, then a written and a final) he would be able to terminate her for her performance. She would have the responsibility to prove her performance was up to par and within the same standards that others who worked similar positions have done. No I don't think it is that easy to sue for that issue, maybe something else is going on....

    sheloveearth

    Answer by sheloveearth at 5:27 PM on Sep. 22, 2010

  • No, it's not really that easy to sue for wrongful termination.

    The employment laws in this area are definitely set up more in favor of the employer not the employee.. Especially if you are in an "At will " employment state.

    All it would take is: 1 verbal discussion about her behaviours...done................... next incident, write her up... Next incident termination.... Of course, the write up/termination phase must be handled in accordance to the employee/company policy handbook. Some companies allow termination after one write up, some require 3..

    If the policies are followed correctly. It's almost impossible for someone to sue and win a wrongful termination suit. Unless they can prove blatent discrimination/hostile work environmnet etc...
    pixie_trix

    Answer by pixie_trix at 5:31 PM on Sep. 22, 2010

  • The assistant said she's noticed it too and is about to comment to the boss about it. She said 'I think the boss is afraid that Connie will sue the company if anything is said.'
    Apparently, when the boss talked to Connie awhile ago about her behavior, she began telling others that she wasn't going to change and if the boss tries to fire her, she'll sue. When I asked on what grounds she would sue, the assistant wasn't sure, but said that it was sure to happen and the boss wants no part of the company being sued.
    Is it really THAT easy to sue for being fired when you are not doing your job??
    Anonymous

    Comment by Anonymous (original poster) at 5:22 PM on Sep. 22, 2010

  • I have been the boss, and it's not that easy being the boss. It's not that easy to deal with. Me as the boss cannot just confront someone everytime another employee tells me to do so. Sometimes the supervisor see's it as failure to get along with others. Sometimes it could be seen as ganging up, sometimes they addressed it in the way they saw fit which may not neccesarily be the way you thought it would go. I have been threatened with lawyers and it never sticks, because I make sure it's a grounded, documented decision before I do so. There is always going to be "the person" on the job. We just have to learn to deal with it sometimes. I'm just trying to give you another way of looking at it. I'm not accusing anyone of anything.
    Musicmom80

    Answer by Musicmom80 at 5:31 PM on Sep. 22, 2010

  • It's easy to sue about it, but she has to prove it was wrongful termination. You all can testify about her work performance and bad attitude, as well as the boss. Therefore, she doesn't have a case against the company. She won't get anywhere if she does sue.
    JazzlikeMraz

    Answer by JazzlikeMraz at 5:45 PM on Sep. 22, 2010

  • Well, it is pretty easy to sue, but not so easy to win. If your company has an HR department, they will know how to go about getting rid of her with a good papertrail that documents her work deficiencies.
    science_spot

    Answer by science_spot at 6:47 PM on Sep. 22, 2010

  • SUING is easy. WINNING is not. And if you're in an at-will stat it's almost impossible to win.

    This
    MooNFaeRie30

    Answer by MooNFaeRie30 at 6:28 AM on Sep. 23, 2010

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