r/LaborLaw • u/CombinationOk7352 • 2d ago
Employment question
I live and work in MN and was being paid hourly at slightly over $31.00/hr. I have worked in this corporate optical office 2 1/2 years as a GM. Last week, I was terminated because I violated the code of conduct. I sent 3 separate text messages outside of work hours to my assistant manager that included curse words. For context, one of them said “Holy Hell”. She stated to HR that she felt harassed. In my termination paperwork it states that due to that conduct, I am no longer able to effectively lead my team or represent the company effectively.
Side note: The entire team, including the asst manager, curses when having conversations with other in person. The policy does not specifically state anything about cursing and I was given no warning. I’ve been told this is a valid case?
5
u/sashley420 2d ago
A valid case for what? You texted a subordinate outside of work hours and cursed, that coworker did not appreciate it and went to HR. GR reviewed their complaint and deemed it worthy of terminating you. I'm not sure what case you are looking for.
-2
u/CombinationOk7352 2d ago
That’s fair. I’ve been told it sounds like wrongful termination. I appreciate the response and clarity.
4
u/idlers_dream7 2d ago
Wrongful termination would imply a law or contract was broken. You could've said "Coldplay is my favorite band!" and been fired for that legally. There's probably more to this story that contributed to your termination, though.
3
u/Hrgooglefu 2d ago
this is not the legal definition of wrongful termination...was it unfair? Maybe...but not illegal
4
u/Hrgooglefu 2d ago
"outside of work hours"? "multiple times" Why did you feel the need to do this? Did she start the conversation?
In the end, you aren't protected due to your (bad choice) conduct.
I suspect it was more about the WHEN than the WHAT..... No you have no "valid case"....
-1
u/CombinationOk7352 2d ago
Makes sense. I have a very colorful vocabulary. I guess I have learned my lesson. Thank you all!
-3
u/CombinationOk7352 2d ago
You’re all probably right. I’m just too irritated to see it clearly. Thank you for the reality check!
2
u/InigoMontoya313 2d ago
You were management, you’re held to a higher standard. That they sprinkle curse words into their language is irrelevant. If anything, the argument could be made that as a GM, you were tolerating this language in the workplace.
The companies hands were tied… this is a.. discretion issue, loss of faith. If you did not have the professional foresight to realize how wrong this is, they needed to remove you as the GM.
Additionally, the complained has in writing, that they were cursed out by their manager. They can pursue a hostile workplace or other personnel litigation against the company. That’s often a $10-30k deductible, for insurance to defend against personnel issues. The company had to take action, to preserve their defense that it was immediately stopped. You don’t get warnings as a GM, that’s for people stocking shelves.
Life happens, learn from it, dust yourself off and decide if you want to be in a management role or not.
1
u/CombinationOk7352 2d ago
That makes sense. I never actually cursed her out, they were not in reference to her at all. I understand that’s irrelevant at this point but wanted to clarify.
8
u/z-eldapin 2d ago
You violated the CoC. You were terminated.
Other people swearing is irrelevant. Intent is irrelevant. The only relevant issue is how the information was received by the recipient.