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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 116755
Experience:  20+ Years of Employment Law Experience
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Our daughter was the HR director years and the CEO

Customer Question

Our daughter was the HR director for ten years and the CEO retired and a new one has come in and has fired two employees and does not follow the employee handbook on progressive discipline both employee were excellent employees our daughter files a complaint with the board and the review was favorable to our daughter and was asked by the chair to go in and talk to the new CEO and see if they could work things out she arrived ar the office and her key faub had been disabled and said she was fired and because she had been on medical leave an article and picture on social media and she liked the post from someone they fired her and said they were fearful of their lives there was a court case that went to courts and now like is protected ????? Our daughter received nothing but superior reviews her entire 10 years attached is the article!!!
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Has this been done to your daughter based only on her age/race/sex/disability/national origin?
Did your daughter have a written employment contract?
Has your daughter gone back to the board about her termination?
What was the actual reason they say she was terminated for?
Customer: replied 1 year ago.
She is 45 and has epilepsy however the reason they gave for firing her was the like she made on a social media post no written contract she knows the board well and kept them out of harms way sir 10 years she sent all the board what happened and the new CEO called our daughter the day after she fired her and said o have been thinking I will give you one month severance and you can resign but if you don't accept I will tell every potential ew employer about you!!!'
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Whether she has epilepsy or not is not what I asked, I asked if they fired her based only on her age/race/sex/disability/national origin. The law says that an employee without a contract is an at will employee and as such they can be fired for no reason or any reason not ONLY because of their age/race/sex/disability/national origin and their only recourse is to collect unemployment.
Your daughter needs to go to the board and plead her case to them about the termination, since they agreed with her and it seems she was fired because she challenged the CEO authority, not because of her age/race/sex/disability/national origin. It is not unlawful for firing someone for challenging the authority of the CEO, even if they were right. It is a termination for no cause and the CEO is trying to make up a good cause reason about the liking the post thinking they could try to deny her unemployment, but that will not likely work when she presents proof she went to the board about the CEO to the unemployment board.
As far as his threats, he cannot make known false statements against her, this is grounds for her to sue for defamation. Before she does anything, she needs to return to the board with all of this information including his threats to make her sign the severance and see what they say before she makes any decision. If they do not support her, then she needs to negotiate the severance with the CEO and weigh the value of that severance to her and insist on a letter of good reference written by the CEO as part of the severance.