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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 12554
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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My 25 y.o. son was hired as

Customer Question

My 25 y.o. son was hired as an insurance agent for Electric Insurance,Beverly, MA. ( a subsidiary of GE) . This company sells insurance policies to GE employees. GE employees will phone into the company, speak to one of these insurance agents and receive an insurance quote. He has been working for the company for approximately ten months and is the most senior insurance agent in his division. He earns approximately 30k per year and is an hourly employee and an "employee at will." On a percentage basis, he earns a bonus up to 2k per quarter if he reaches a certain level of sales. Approximately three weeks ago, he was called into the office by his manager who stated Michael's sales were reviewed and about three months ago he processed a sale without asking all the required questions. Mike understood and said that he would not repeat this behavior again. He again called into the office last week and was informed he had approved a second policy ( about two months ago) without asking the proper questions and was fired on the spot . The HR rep said that he was being fired due to integrity issues and was going to be reported to unemployment so that he would be ineligible for unemployment due to these circumstances. Michael never received a warning, nor did he have time to correct his behavior because a claim was processed prior to his verbal counseling by his behavior. Michael has reported to me that several of his peers have received several written warnings for this same behavior and were not fired. Can an employee be charged with integrity issues when Michael claims that he made a mistake, and was modifying his behavior after he was spoken to? He was shocked when he was fired and we are confused about this process. Does the company need to have a standardized HR policy? How can Michael be charged with unethical behavior and then have his reputation impacted when a letter is sent to the unemployment office. This is a 25 y.o. motivated person who now is very discouraged and feels his ability to work again is impaired. Michael says not to challenge this case as GE is too powerful and is will end up being a waste of time and money. I believe that Michael has been accused of something that will impact his career in a negative way early in his career. I am willing to go to court to defend him in this case. Can the company randonly applies HR policies, is that okay? What rights does" an employee at will" have? Can his manager be sued for slander? Are we wasting our time? I have asked Michael to obtain a copy of his HR file for us to review. I have also asked Michael to record all conversations with his manager regarding this issue. Please advise. Thank you. Janice 
Submitted: 6 years ago.
Category: Legal
Expert:  Andrea, Esq. replied 6 years ago.

If the statements made against Michael are false, he most certainly has a case against GE and the person who made the false statements for slander and defamation of character. Of that, there is no question. The same is not true, however, for an employee at will. In such situations, the employer may terminate an employee for any reason or for no reason.

 

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ANDREA, JD, LLM

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Customer: replied 6 years ago.
Hello Andrea,
So if we can prove his manager spoke to other employees about Michael in a slanderous way, can we sue her ?
Expert:  Andrea, Esq. replied 6 years ago.

Your son can absolutely sue. This has nothing to do with employment, performance of responsibilities, or anything o9f that nature. Nobody, but nobody has any right to slander anybody else and ruin their reputation with false statements, no matter who they are and no matter who they think they are.

 

______________________________________________

 

 

That is the only way I get paid

 

Positive Feedback, BONUS are not required, but are greatly appreciated

 

 

Kindest Regards,

 

ANDREA, JD, LLM

MEMBER, NY & PA BAR

Don't forget to leave positive feedback!

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