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RGMacEsq
RGMacEsq, Attorney
Category: Business Law
Satisfied Customers: 11689
Experience:  Licensed Texas General Practice Attorney
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hi, Two of us business software anlysts at a firm in CA; we

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hi,
Two of us business software anlysts at a firm in CA; we were tasked with developing a project. The project suffered from resource and infrastructure, but we delivered 90% of funtionality. A team that seemed to be agiant the project had been publishing the project is a failure, and now we have word our contract will be terminated soon...want to know if there are any options
Submitted: 4 years ago.
Category: Business Law
Expert:  RGMacEsq replied 4 years ago.
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RGMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

RGMacEsq :

Will you suffer damages (loss of job, etc...) as a result of their actions?

Customer :

yes , we will. There are multiple projects in the org; we had been contracting there for about 5 years. We got word that it will be difficult to move to other projects within the organization, hereafter.

RGMacEsq :

Thank you for your response. Can you prove (1) specific persons (names, etc...) (2) told lies (not just opinions as to the project, but actual lies) about your project?

Customer :

The completed project is used for compiling data for an application. The system is operational and they plan to develop it further ; I may be required to hand over all needed designs. but will be terminated is what i hear

Customer :

I think yes; that is minor issues were magnified to show as if the project is a failure; also the hand-off terms were changed last moment to make handing over on time difficult, causing us slip delivery by a day

RGMacEsq :

Well, what I am looking for are deliberate publications of fact (not opinion, not conjecture, not hyperbole or puffing) but absolute fact that the persons making the statements knew were false or made them with reckless disregard of the truth.

Customer :

but, ti may be somewhat a grey area to prove. for example a person docuemnted there are lots of error... but in fact the person was able to show only one error in a few hundreds of rows of data

RGMacEsq :

Exaggeration would not suffice. If there were outright lies told about you that led to your termination, you could sue for libel and/or slander. But if there are no lies, then no slander.

Customer :

Teh persons said, whe the application doing was wrong, in fact they did not follow instructions, and did not know exactly how teh system calculated certain items.

Customer :

the management relied on those persons to base their opinion.

RGMacEsq :

I'm sorry that I do not know the specifics of your situation, but if what they said was a lie, then you can sue for libel. But it is going to have to be determined to be a false statement of fact (rather than just puffery, hyperbole, exaggeration, etc...)

RGMacEsq :

And you will have to be able to prove that this led to your terminations.

Customer :

the point at which leadership mail circulated was when we did not deliver on 31st (due date). we had two rounds of delivering data the first was last week, which the other application team accepted and processed. the next was due 31st; we delivered as it was delivered previously. but the persons brought in additional requirements to the delivery, making the date slip.

Customer :

does provision of insufficient infrastructure, that led to delay in project delivery has any impact?

Customer :

A person called up the manager and said the data we provided was wrong ( we were working all through days and nights , so 3am) . and they decided to pull out the data from delivery. later teh person discovered it was not wrong, but that fact was never published.. so these type of manipulations caused the project reputation to suffer

Customer :

and again , the termination will be as a matter of project closure, and may not be immediate. do not knowbut we are told otehr managers will be advised to avoid us, because we did not deliver the project

Customer :

because of budget constraints we worked more hours than budgeted to make the project success without fully billing it...i am wondering if I may claim additional compensation for usage of the product into the future?

Customer :

Another incident I can narrate is an assertion by one of the parties that we did not send them a particular set of data. inspite of pointing this out that we did sent they brought it in team meeting, and manager sympathetic those parties told us we are total failures, adn we should be ashamed of ourselves..Sorry about being full of grouse....:)

Customer :

So slowly they built up an image that this is a failure... because the application impacts the involded people's work

RGMacEsq :

In terms of product usage: that is completely up to the terms of the contract. If you did not bill something, and come back later and try to amend that, the court may say "tough", that you should have done it the first time. In terms of the company: you do not have any interest in a job, generally speaking. California is an at will employment state. At-will employment means that without a contract, you have no contractual or other right to employment with the company. The company is entitled to fire you for any reason: a good reason, a poor reason, or no reason at all--as long as the company does not fire you for an illegal reason (race, gender, age, religion, etc...). In terms of the other incident: probably not actionable (legally speaking).

RGMacEsq :

I hate to say it, but I don't think that you have a case. You certainly don't have a case yet. One of the things that you need is an actionable, "ripe" case. What that means is that you would have had to already suffered damages, such as losing your job. You would also have to prove that you would not have otherwise lost your job.

RGMacEsq :

Furthermore, I don't think that you can prove the elements of defamation, in that the statements that were said did not necessarily, in and of themselves, lead to your potential termination.

RGMacEsq :

Like I said, I hate to say it, but I have to tell you the truth. I wish I could give you better news.

Customer :

I understand, Funny, though, the manager i report to, gives me all kudos for all the hard work etc, but the internal situation is that we will be termed

Customer :

that we will not be enrolled into other projects

Customer :

and the users have praised us for the efficiency which compiled and reported their data

Customer :

thank you for you time..

RGMacEsq :

It sucks, I know. But that is the nature of the at-will relationship. You could be the "best employee" the company has ever seen, and then be fired the next day, without any legal rights to restitution.

RGMacEsq :

You're welcome. Again, I'm sorry that I could not give you better news. If you have any other questions, please let me know. If not, and you have not yet, please select the "accept" button. Thank you, XXXXX XXXXX good luck to you!

Customer :

but if we can put together a case the other employee wilfullly said lies to make the management believe that the proect is a failure.. you think there is a case?

RGMacEsq :

Maybe, but again, you would have to show damages.

RGMacEsq :

You'd have to show that you would not have otherwise lost your jobs.

RGMacEsq :

And that might be difficult.

Customer :

k thank you

RGMacEsq, Attorney
Category: Business Law
Satisfied Customers: 11689
Experience: Licensed Texas General Practice Attorney
RGMacEsq and 4 other Business Law Specialists are ready to help you

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