I reported a toxic coworker who threatened me — and I was terminated after 7 years of stellar employment. What can I do?
Dear Quentin,
I was terminated after seven years of excellent work. I made remarks about a toxic coworker who threatened me while I was sitting at my desk. During my tenure, I received accolades, merit increases, and promotions. Part of my job was to negotiate and sign contracts on behalf of the organization.
Some of these contracts listed me as a beneficiary of perks, such as hotel points, that would be issued at the conclusion of the event. Now that I have been laid off, the hotel has informed me that my previous employer has instructed them not to issue the perk(s) to me since I no longer work for the company.
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The contract(s) did not include any requirement that the signer must remain an employee of the company in order to receive the contracted benefits. Does my former employer have the authority to demand that I not receive the benefits I negotiated while I was employed – or could that be considered tortious interference?
What kind of threats would allow me to sue my company for unfair dismissal? Are the contracts I signed still valid even though I no longer work for the company?
Shooting and torture in San Diego
Dear expelled and tortured,
Losing your points and hotel privileges could be a red flag.
I urge you to look at the reasons for being fired rather than the relatively minor consequences. You were threatened, intimidated and possibly harassed – and after speaking up, you were fired. From your words, you have excelled at your job, and your performance can be measured in terms of pay increases, promotions and other praise.
California is an at-will employment state, which means that the employer and employee are free to terminate the employment contract at any time, without penalty or assessment of any notice to either party unless they previously agree to separate terms. No notice is required to be given by either party. If you are a member of a trade union, the rules in your union contract will naturally apply.
The Civil Rights Act has seven protected categories: race; color; religion; Sex, including pregnancy, sexual orientation, and gender identity; national origin; Age (for employees 40 or older); inability; Genetic information, including family medical history. (Does not cover political speech or affiliation.)
The law also prohibits harassment of individuals “in retaliation for filing a charge of discrimination, testifying, or participating in any way in an investigation, proceeding, or proceeding under these laws; or opposing employment practices that they reasonably believe discriminate against individuals, in violation of these laws.” According to the Equal Employment Opportunity Commission.
“Aggressive behavior may include, but is not limited to, offensive jokes, slurs, epithets, insults, physical attacks, threats, intimidation, ridicule, ridicule, insults, belittlement, offensive objects or images, and interference with work performance,” the Equalization Commission adds. Job opportunities. But “petty insults, harassment, and isolated incidents” do not rise to the level of illegality.
Other things, like Political Views, is not covered by legislation, unless it interferes with a protected characteristic. In a tense political climate over topics including immigration, books read in school and the war in Gaza, employment law lawyers are warning employees to be careful about what they say, tweet and write.
California harassment law
However, California harassment law is broader than most people realize. It “includes offensive behavior not only based on categories such as race and gender – but also on… Lesser known protected classes Such as medical condition, military status, age, and gender expression.” Fribourg and Granerya law firm in Pasadena.
“If your complaints about bullying resulted in the loss of your job, you may have rights under California’s “wrongful termination” or Fair Employment and Housing Act “Retaliation laws,” the law firm adds. “Or if the bullying or illegal behavior you experience involves wage/hour or overtime violations, you have legal rights regarding that as well.”
You have the right to report such behavior without fear of backlash. “Retaliation, or punishment for reporting harassment, is illegal under California law,” she says. Sanford A. Castle, Law firm based in San Bernardino. “If you choose to file a complaint with the California Department of Fair Employment and Housing (DFEH), they will investigate the matter on your behalf.”
“If necessary, you can also file a lawsuit against your employer,” the law firm adds. Remember that you are standing up for yourself and for others who may experience similar mistreatment in the workplace. You are not alone, and resources are available to support you through this difficult situation. (However, it is more difficult if the condition does not include the above Protected properties.)
Two types of damaged interference
There are two types of tortious interference: tortious interference with a contract and tortious interference with potential economic advantage. As their names indicate, the contract exists with the former and does not exist with the latter. So, either you had a separate contract with this hotel chain, or more likely, if a contract existed, it was part of your previous employment.
A company may steal a contract from a former employee, or, for example, a former employee may use confidential information or inside knowledge to interfere with the company's business in order to steal it for themselves. This can be done by damaging the good faith and trust in the relationship in a way that does not amount to defamation in the legal sense.
“Damages in such cases arise from clear evidence of loss of business, existing or potential, to the victim,” the court says. Linden Law Group. “This can be shown through financial or banking statements, profit and loss statements, tax returns, and other evidence that shows a decline in business due to misdeeds committed by insiders or third parties.”
Even if the contract does not explicitly state that you do not have to be an employee to receive the hotel's rewards and privileges, it is possible that this requirement is implicitly stated in the contract. Example “Implied contract terms“It can be based on the behavior and relationship of the parties involved. You have undertaken these duties as part of your working relationship.
An employment law attorney can, of course, consider both the circumstances surrounding your dismissal and whether they overlap with any of those protected classes listed above, and can also advise you on whether canceling this contract, if that is the case, with the hotel chain constitutes Harmful interference by a former employer.
Be careful. This experience is still in its infancy, and hiring an attorney to handle your complaints may seem like your only option to retaliate against a company that you believe has treated you unfairly. But given the legal standards you have to meet and the expenses involved, it doesn't seem wise – on the face of it – to file a lawsuit over your hotel points.
It is better to use a bulldozer to hit a fly.
Previous columns by Quentin Fottrell:
