Wrongful dismissal ??

[BIG DOG]

My wife is a distric manager she has been for the last 7 years .Her first DM position was a cosmetic company she rocked at really liked the company was always in the top 5-10% of the company Dms she earned lots of cash bonuses and Trips Antiqua,Greece ,and a trip to Disney world for the whole family through this company. But the company changed as they all do and there were a few things that she really was tired of so she left that company .She is now with a retail company she has worked like a dog for the last year for this company I mean 50-80 hours a week and more she looks after her managers and stands up for them they all seem to respect her .But this company is a cheap ass company she gets a base salary and bonuses which she gets pretty regulary .But they take for ever to pay them out .They want here to do things like put a $3000 managers meeting on her personal credit card and they will reimburse her for it yah right .
She has to make a schedual as to where she will be all month and then her boss will calll and say you have to go here or there then he will call next week and wonder why she hasn't been following her schedual These things and lots of others  have her looking for a new job .She does a good job and is very dedicated to her work she was top in the country in sales last month across Canada in the whole company.Last week she traveled with the VP and her boss the VP asked her if she was looking for another job.She told him the truth as that's the way she is "yes there are issues that I have with this company" Now they want her gone they are trying to fire her or push her out .Can they fire you for looking for another job?You would think that they would want to know why . Other than that she has done nothing wrong they want her gone because she pissed the VP off that's the only reason.She is opening two stores and closeing two stores in the next two weeks has been hiring people for this as the company needs it done you would think if she isn't good enough they wouldn't be letting her hire people.I just called her and she is being bullied by her boss as she was crying and really doesn't want to leave I told her to make them fire her not to leave because I don't think they have grounds.She is 3 hours away I should go punch him in the nose just because .The other thing that may have pissed them off is she refused to sign a paper that said she wouldn't work for another company for six months after getting fired or quiting the company.Guess that's a good thing now!

[nothingbutdarts]

No, they can't fire you for looking for another job! Though she should have bit her tongue when they asked her. The VP needs his A$$ kicked for upsetting her! And it is a good thing she didn't sign that contract!
If they are asking her to put such expences on a credit card they should supply her with a company card!
  My two cents!         

                                                 


Just be there for her!

[Bigcube]

I have to agree, I worked in retail management before I went back to get a degree, they shit all over their employee's. Sounds like she will land another job in no time. They don't have grounds to fire her but can make her miserable, which they are already doing.  That's seems to be the "Exec's" in retail's strong point.   

[BIG DOG]

I know and she knows she should have bit her tounge .But she also found out after she applied for a job that the VPs of that company and her company were good friends .So then they would be pissed because she lied guess you can't win sometimes .I can't get ahold of her to see what's going on !

[guzzimike]

She can sue for undue stress if she can prove that they are leaning on her after she admitted looking another job..Kinda tough to prove, 'tho..

Just between you, me and the walls, she should not have admitted to looking for another job..

BTW, signing a "non-competitive" agreement for people in Managerial positions is standard fare. Basically your present company wants to make sure that you will not attemtp to snipe away their (your) accounts as soon as you leave the copmpany.

A Standard "non-competitive" interval is 1 year's time...the 6 months that they offered was a good gesture, IMHO.

[BIG DOG]

3 weeks ago her boss was telling how great a job she was doing...blah blah blah....and her sales were tops in the country last month and now they want her to quit or they will fire her because she all of a sudden isn't doing a good job.After her boss told her this she is still doing a interveiw for the company tonight with him ......I guess she is still okayed to to that even though she isn't doing a good job  **(*)She is sickenly honest and works too hard as far as I'm concerned and really will take being fired hard as she has put a lot of effort into this company.Will be hard getting used to her being home .......

[440WIP]

The non-compete clause is a joke at best. Not a court in the land will uphold a person from trying to make an honest living. But it would also not be very ethical for her to "steal" customers from her former employers either. JMHO
Daryl

[GTS225]

Is there documentation concerning her performance record?  If so, does she have copies of it/them?  If they fire her for poor performance, and she can prove otherwise, then I suggest they will have a problem convincing a labor arbitrator that they are in the right.
One of the biggest problems I see is with the "new" potential employer.  Being as he is friends with the old boss, I suspect she won't get on at the new company. (Behind-the-scenes favors going on.)
I would suggest she ride it out and force them to fire her, and not resign.  The job is already fading at this point, unless she is successful in filing a lawsuit and dragging the company into court.  If that should happen, and she was successful in proving a conflict of interest between her current boss, and the "new" boss over thier friendship, then the company  might get rid of him instead of her.  The big question is, how much does she wish to push the issue, and is it worth it?

Just my .02......

Roger

[NYrr496]

My wife gets the same crappy treatment at her job. She makes a ton of money for them as well. There was one manager in particular that was a real problem. I couldn't very well go and crack him, so I sent a buddy in to snap a picture of him. My wife asked why he did that and I said so the guys know what he looks like. End of problem.

[BIG DOG]

The big question is, how much does she wish to push the issue, and is it worth it? You hit the nail on the head.
She doesn't have another job but she applied to this other company then found out later on that the two VP's were friends and this was awhile ago.So if she lied and said no he probably would have said you lied!The whole thing is because she pissed the VP off by saying she had applied for other jobs. Her boss the guy below the VP two hours after telling her she would have to quit or he would fire her .He allowed her to do a interview to hire another person for their store. **(*)Does that make sense if she isn't doing a good job?
One of the managers that she hired last month gave her a # to call that will give her some info.If she quits they will cut off her bonuses for shrink and performance and one other it's a nice chunk of change and she has already earned it and should have it by now but it's missing...........

[cu440da]

That there is the very reason I will no longer work in any managerial position. Managers/ excecutive types are not bound by the same rules hourly employees are. You can be let go for anything, at any time- even if there is no cause. A reason to back up dismissal is easily made up and due process does not come into play. It sucks, but thats the way it goes. I hope your wife can stick it out til she finds a job she likes cause it sounds like they won't fire her (to avoid paying unemployment) or that would have happened by now.

[BIG DOG]

She got the boot today her boss told her to go home and so did her HR department .Fired or quit in Canada she will have to fight for unemployment I believe don't know much about it.One of her biggest concerns is she has about $2500 in expenses and close to that in bonuses that she is scared they will try to screw her out of.Doesn't seem fair she is quite bummed right now but I believe it will be for the better.She really feels that she has let the people who she has hired and worked with down. She feels the company is too hard on them and asks too much.And believe me my wife is a worker and a driver her expectations would be high.The company is low class as far as I'm concerned.

[bOb shingler]

why if she agreed to dismissal if they agree to pay her in advance and her bonuses for 6 months and in turn she signs the 6 month no work clause.

[flyboy01]

I would get a lawyer to draft a letter demanding they pay her expenses immidiately upon her dismissal. And screw that job, its not worth the detriment to her health.

[NYrr496]

Now that she isn't there anymore, what's the company? everyone can boycott them.

[BIG DOG]

why if she agreed to dismissal if they agree to pay her in advance and her bonuses for 6 months and in turn she signs the 6 month no work clause.

I would get a lawyer to draft a letter demanding they pay her expenses immidiately upon her dismissal. And screw that job, its not worth the detriment to her health.

I agree!

[dart4406]

I Had A Similar Situation With My Job Of 17 Years Just Recently And I Had A Union To Get An Arbitration Date For A Hearing On The Matter In August...Wrongful Termination...But Was Told By An Attorney That In Today's Job Climate Your Company Doesn't Need A Reason To Fire You! Hopefully The Arbitrator And The Teamster Attorneys Will Hit Them Where It Hurts...In The Pocket Book...I Know How Your Wife Feels And What She's Going Through...Tell Her To Hang In There And Get An Attorney Who Deals In Wrongful Termination And EEOC Suits Filed With the Federal Government. It's Her Employer's Burden Of Proof To Show She Was Not Performing Up To Satisfactory Levels. Good Luck!