Wrongful Termination, Discrimination and Retaliation
07-04-2010 1:54 AM
Joined on 07-03-2010
My Husband has been working at a (once) very large investment company (still a good size though) that was guilty of insider trading (not my Husband, the company) not too long ago. He had been there almost 16 years and had always received more than stellar reviews from his managers up until last year when he got a new manager that had an issue with his "tone." It's something he can't really help, he is mono-tone and has been all his life. At some point between last year and a few months ago, she was aware of my status of "legally disabled" and the company was aware of this, and she was also aware that a few years prior that our daughter had a disability when he had to file for FMLA (which was granted). The company claimed that they accommodate those who have to take care of loved ones with disabilities, and they did initially do that...until she came along. He wouldn't take a day off or anything, he would work from home which was pretty standard for all those in his group to do from time to time. Not only that, but, she tried to get him to leave when she told him he had to take a 20% pay cut, but he took the cut and stayed and she made it clear that she didn't like that. She was suddenly not his boss just about six months ago, nobody was his boss. He did his job though, working with others on very large and time consuming projects and at times would work 60 hours a week. Because he had to work with others over in India, he would have to stay up very late to have conference calls with them due to the time difference. He did such a wonderful job that he got an award for his fantastic performance on the job. He was also the "key contributor" for the last big roll out that was final the week prior and was already working on the next big project. After getting this award, he happened to pass that old boss in the office and thought it was odd that she was there (for reasons too detailed to get into now). He worked between more than one office. The next day, literally, after receiving this "Performance Award," he got a call from a "gentleman" that isn't even qualified, nor does he have the experience or any knowledge in my Husband's field just as my Husband was disconnected from the network (my Husband was scheduled with a conf. with another co-worker at the same time for this new project) He was not in HR, just some random manager. He told my Husband "Due to PERFORMANCE issues, we have decided to terminate you." The "gentleman" that fired him is very friendly with his ex-boss who likely took part in the selection of the layoffs less than a week prior. My Husband was never given the three people he needed to do his job with ease, but did the job of four people and putting in all those hours and recognized for it in two positive documented manners. They terminated him which meant no severance package (It would have been a good amount if they did give it to him based on the packages with his salary and many, many years with the company). There is no word to describe how my Husband's co-workers felt about this, other than complete and utter shock. They also believe that she had everything to do with his termination to get back at him for many issues. He only worked from home, maybe once, under her. She did NOT like the fact that I was disabled, nor did she like the fact that she saw that he had taken the FML when our daughter had cardiac surgery years prior. He even went back to work earlier than he would have liked as our daughter was very ill, but he was committed to this company and was there for them when they needed him in a dire situation. All of the emails he has gotten from his co-workers say the same thing...that she had it out for him and "Why did "he" have anything to do with you ?" meaning the man that fired him. My Husband never even reported to him and if he was supposed to, he wasn't ever made aware of that, or who he was supposed to go to. How can he be terminated with the reason as "Performance" when he came home from work the day prior with an award for it AND there was even a small bonus in his paycheck for his outstanding performance? Also, how can the man that fired him even be able to when he doesn't even know the job my Husband does, or how to judge his actual work? The woman in HR was on the phone and did not agree, or, disagree that it was for that reason (assuming she can't) but she did tell me when I asked if their attorney actually signed off on this termination for the reason stated in which she replied "Yes." We were told that because of the reason they gave with him getting that award the day prior, along with the bonus stating the reason for bonus on his pay stub , would prove to be a case against them. I need to know if any other attorney's out there agree and if so, we need to hire someone soon. I am on medication that if I don't take, could have serious consequences. Our daughter needs her medical care too or God forbid, something will happen to her! In the end, we want those that are responsible to pay for what they are doing to my health (this is making it WORSE) and to pay for the humiliation my Husband is suffering through as well as this bogus reason for terminating him and not laying him off with a severance package because of that ex-boss having it out for him. It makes NO sense at all! Yes, I know, "any reason" in MA, but they cannot justify the reason given.