Wrongful Termination

Do I have any chance of winning a wrongful or constructive termination case based on the following:

Wrongful constructive termination

I live in a community in PA. It is a HOA. For the period of 5/05 - 10/07 I was also employed by the Association that is until I was constructively terminated on 10/8/07. Here is my story:

May 2004, as a result of a letter to the editor, I was asked to volunteer as the editor-in-chief of our community newspaper. I accept and am the editor-in-chief until around 11/04 when the workload is too much and I can no longer volunteer. A new volunteer takes over.

In May 2005, the community contacts me and asks if I would consider being the managing editor of the paper. They offer me $8.00 per hour for the work I complete at home assisting the current editor-in-chief with the technical side of getting the paper to print. I accept and document the time spent (at my home office) and submit same, monthly for payment.

June 2006 a part time secretarial position (for our association) is advertised and I reply to this ad. During the interview the General Manager offers me another part-time position at the community center which entails part manager on duty, part administrative duties. I accept letting him know I can only work weekdays and would not be able to work either nights or weekends. He accepts and I start 7/4/06.

October 2006 after my 90 days I request an increase in pay as a result of the complexity of the work performed and experience I bring to the position. General Manager agrees I am deserving and processes an increase.

April 2007 Board of Directors are on a mission to have every employee sign their job descriptions (something that should have been a part of the hiring process?) Since my job was a new position the board had me incorporate the administrative duties I was responsible for with the manager on duty job description. I signed this job description under the title of "Daytime MOD and Administrative Assistant," on 4/19/07 noting on the manager on duty sheet that the employer hired me knowing I could not work nights, weekends or holidays. In addition, the managing editor duties that I carried out separately and submitted a separate time sheet for, were never incorporated as a part of the job description I signed on 4/19/07.

May 2007 after a conversation with the general manager, we agree that there are other projects I can assist with as a result of my experience, and I become a full time hourly employee, working on average 40 hours a week. I am also given 2 weeks paid vacation, paid holidays and sick pay. I am eligible for medical benefits but decline since I am covered under my husband's benefits.

July 2007 as a result of censorship issues (the board of directors were prohibiting us from running a news story) with regard to our community newspaper, the volunteer editor-in-chief is removed from his position. Because I do not wish to be associated with a censored publication which would become the voice of the board of directors, I resign from my position as managing editor. Certain board members feel that because I am an employee they dispute my resignation and threaten my employment as a result of the resignation. After my resignation as managing editor nothing else is said or written with regard to my being required to perform the managing editor duties as a part of my current job description.

August 2007 The previous editor-in-chief is upset by the lack of free press for our community and decides to run for the board of directors. I sign his petition to run from the floor and support his candidacy. He wins a seat on the board.

September 2007 on 9/5/07, the general manager sends a memo requiring employees to attend a meeting, with members of the board, where a revised personnel and policy manual will be distributed and discussed. (not all members of the board are told about this meeting) I took the initiative to inform our newest director who made it a point to attend the meeting. All employees are required to sign that they attended the meeting and received a copy of the manual. No where in the manual does it state that we are "at will employees" however it does outline reasons for termination and a progressive disciplinary action procedure.

Summary of documentation (I have in my possession) leading up to the constructive termination of Denise Wilson
Document 1 Dated 9/24/07 Memo to General manager from myself questioning Restaurant party discounts as they relate to employees and board members. (attached to memo are copies of 3 invoices for 3 board member parties marked up with an �employee� discount and a waiver of room rental fee per another board member (As of the 10/27 board meeting, an investigation has been launched into the existence of 20% employee discount as it relates to party rentals. As of the board meeting, no employee or staff member could locate a print copy of said policy)
� Document 2 � Dated 1/8/07 � Memorandum/Invoice for (current employee) party showing no employee discount.
� Document 3 � Dated 10/4/07 � E-mail from myself to General Manager questioning employment status after 10/3 meeting where she was told that she was being demoted.
� Document 4 � Dated 10/5/07 � Memo from General Manager to myself further detailing demotion (stripping of administrative asst. duties and reduction in hours). Reason given �after discussion with several Board members they felt that a current part-time employee (Lead MOD) should be handling these responsibilities.� Instructed to meet with Lead MOD to determine my new hourly work schedule.
� Document 5 � Dated 10/8/07 � E-mail from myself to General manager recanting what took place during meeting with Lead MOD regarding my new hours and basis for constructive termination claim.
� Document 6 � Dated 10/9/07 � Memo from Lead MOD to myself confirming that only 14 hours were available weekly during nights and weekends.
� Document 7 � Signed 4/19/07 � Job Description signed by myself confirming I was hired with employer knowing I could only work weekdays and further confirming constructive termination.