On Saturday I was in a heated conversation with my boss. It ended with my boss telling me to "go the f home." I said ok and left. On the way out I realized I had forgotten my keys, and headed back to my office. In the hall my boss was walking towards me and said " I thought I told you to go home." I responded by saying "I forgot some stuff, i'm leaving relaxe." He then said you need to f.ing leave now. Feeling that he had been aggressive towards me that morning I responded defensively saying "f., you need to lay off." He than said I was Fired! Monday morning I get called into the V.P.'s office along with H.R. and they had put a corrective action notice infront of me with the outcome of Termination due to insubordination, and abusive language. The claim was that my boss was in a heated conversation which he told me to take sometime to cool down, and I responded by saing "f you." That is not what had took place. What do I do?
State/Country relating to question: Wisconsin
I stated my side, and the H.R. person said she would do an investigation. I'm positive the final outcome will stay termination.
Hello and thank you for the question. I am sorry to read of this dilemma.What outcome are you seeking at this point?
I'm looking to keep my current position.
Is there discrimination or violation of a company handbook?
Discrimination or violation by me or my manager?
By the employer?
Harassment would be basis for an internal complaint.To be actionable outside the company, the harassment has to be sexual or otherwise based on race/gender/age OR a violation of a company handbook or manual. Often a lawyer intervenes and negotiates a severance.
If this does result in termination are their options to fight it. Or do you have any other suggestions if I feel that this was retaliation.
Where termination follows or other retaliation, best options are to pursue severance/reinstatement discussions through local counsel, as well as consider an eeoc complaint and civil lawsuit respectively.
On what grounds would a civil lawsuit be based? Just with the info I gave would it in your opinion be something to pursue if I feel strongly that this termination is unjust.
The ground for termination surely violates their internal policies. If laced with any sexual comments or otherwise discirminatory, would be a second ground. Normally, would lead to a settlement.
Based on the violation my employer claims that my manager said "I had been told to take some time to cool down, and I responded by saying "f**k you." Would that be a legitmate reason to terminate someone for: Insubordination(refusal to comply with reasonable business instructions) or failure to perform reasonable duties as assigned. Along with: Use of threatening, intimidating, coercive or abusive language in the workplace.
The employer normally has broad discretion and may fire for such a reason. Employee is left to file for benefits and pursue a claim for wrongful termination where employer is violating its own policies or otherwise discriminating/retaliating.
Licensed attorney helping employers and employees
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