How long after a "mutually separated agreement" can a case be reviewed as wrongful discharge?

On Dec 27th 2012, I was called to come into my company while I was on my mandatory one-week vacation to meet with my boss, who is the Deputy Exec Director. I agreed to come into the office, because I was under the impression the topic of the meeting was regarding a RFP project. Coincidently, I received my 2012 performance evaluation on Dec 19th, which I received a high "Exceeds Expectations" rating along with a merit increase of 3%. I was terminated for insubordination because I had a meeting with my staff and was extremely emotionally about the increased levels of mole spores in the basement area where the staff and I physically worked and I was not satisfied with the lack of information obtained from my boss about the working conditions in the area. Again, I was highly emotional, I said something to my staff that was later repeated for bate tom There needed to be a statement made about the working conditions in the basement. That statement provided to the HR manager by one of my staff members, which prompted an investigation. I was never informed that I was being investigated. I found out about the investigation during the termination process meeting. I was offered the option to remain on payroll until February 15th and the termination would be considered a” Mutually Separated Agreement”. I have worked since I was 14 years old, which is over 30 years. I have never been fired. I have been an emotional wreck. I take Xanax for anxiety and I take Lunesta for insomnia. Do I have a case for undue distress and determent because of this termination?

1 answer  |  asked May 5, 2013 11:14 AM [EST]  |  applies to Ohio

Answers (1)

Neil Klingshirn
Federal anti-retaliation laws, embedded in clean air, water and hazardous substances laws, protect employees who complain to their employers about working conditions that violate those laws. To pursue such a retaliation claim, employees must file a complaint with OSHA.

I believe that the time to file is very short - only 30 days. Research that issue or hire an attorney to do so for you, though. This is not legal advice.

If you have time to file a retaliation claim, you need to evaluate whether you have the facts to support it. To do that, consult an experienced employment lawyer. You can start with MEL's attorney directory. Also check OELASmart.net, which is the website of the association of attorneys who represent individual employees. You may also have other claims, which the attorney can help you identify as well. And, of course, we offer consultations. Our fee is $200. If you would like to schedule a consultation, please call our Office Manager at 330.665.5445, ext. 0 and she can get you on my calendar.

posted by Neil Klingshirn  |  May 6, 2013 09:14 AM [EST]

Answer This Question

Sign In to Answer this Question

Related Questions with Answers

Have an Employment Law question?

Contact Neil Klingshirn

Neil Klingshirn
AV rated Super Lawyer and Employment Law Specialist
Independence, OH
Phone: 216-382-2500