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TexLaw, Lawyer
Category: Employment Law
Satisfied Customers: 4430
Experience:  Contracts, Wrongful termination and discrimination
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Hi Sir/Madam, I works as a programmer for a big bank since

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Hi Sir/Madam,

I works as a programmer for a big bank since 04. I sent data feeds to our downstream system about three years ago. There were duplicate trade data in the feed. I used the same logic as other application to filter the duplicates. It was done OK in the Development. The issue is that I told the manager in downstream system that it is fixed. But in production, there still are some duplicates in the feed. He was so upset about it.

Unfortunately, this manager became my direct manager's boss in Feb 2012. Since then, he gave me a lot of hard time and rating below average. I did not do anything wrong. Finished all projects on time.

We have a big layoff two weeks ago, but I am still with the company as of today. He moved all projects I used to support away from me and asked me to train other people. I think he wants to move me out of the company (he is a director). My question is what would be the worse case for me? layoff, or even worse (fire)?


Thank you for your question.

Do you have a written employment contract with the bank?
Customer: replied 3 years ago.

I have an offer letter only.


Unfortunately, this means that the company can terminate you at will, for cause or not for cause. In your case, if the boss has decided that he simply does not like your work, regardless of whether or not you've done anything wrong, he can terminate you. Now, if you are terminated for no cause or laid off, you are entitled to unemployment compensation.

The fact that he has asked you to start training people is worrisome and could indicate that you will be terminated or laid off in the future. It would be a good idea to start getting your resume ready to send around and begin looking for a new job. However, based on the facts you've stated here, you do not have any legal remedies which I can recommend for you.

Please let me know if you need any further information and please consider rating my answer positively so that I may be compensated for my work by the website.

Customer: replied 3 years ago.
Thanks for your reply.

Is it a retaliation discrimination?

Under the facts you have presented, I do not believe that this involves retaliation.

Retaliation is an action by the employer that negatively affects an employee based on an employee's prior action in enforcing his rights. Thus, if you had previously filed an EEOC claim or informed the company that your boss was committing fraud, and then your boss fired you because of the claim, that would be illegal retaliation.

The boss trying to blame you for someone else's failures or simply having a negative view towards you does not qualify as retaliation.

If the boss's actions are based on the fact that he doesn't like you because of your race, gender, religion, national origin, or disability, then you have grounds to make a claim for discrimination.
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