Wrongful Termination Discrimination & Retaliation

worked for a very large tobacco co for 2 1/2 yrs. Within the first 2yrs, I had 3 different mgrs. After the first 6mos;The first manager was unjustly fired. His replacement was in place for 1 1/2yrs until our company merged with our very new sister company. I'll refer to our sister company as: (Company B)

The majority (if not ALL)of Company"B"employees were fired from previous jobs they had with our tobacco related competitors.

Since the merger (May 2002) All upper level mgrs,
vice presidents & executives at my Company "A" have either been let go or accepted lower level positions with a substantial cut in pay. Company B's VP's, executives & managers have taken over these postions. (A type of cleansing if you will)

Fast fwd: In May I met my 3rd and final manager. The previous mgr is still with the company as he was forced to take a much lower status and pay. Who by the way, has given me stellar performance evaluations and would definitly give his honest objective opinion of my overall performance as an employee. As will the first mgr (who actually hired me) He has since moved on w/another company. I recently spoke with him (who also conducted employee evaluations on my performance & resulted in a pay raise each time.)

We are to receive 2 evaluations per yr. I have copies of each of these reports which are clearly in my favor. However, in June of 2002 I had one due (2 mos after new mgr took over) Apparently he overlooked it, I don't know as not a word was mentioned. By this time I was already beginning to see a pattern of discrimination, unfair treatment and definite harrassment (gender) so I never mentioned my evaluation being missed

Progressively, things became worse and at times unbearable. Constant surprised /unplanned, unscheduled visits. Usually lasting 2-3 days of constant harassment and ridule. I (truly)have no problem with constructive critism.

I have copies of a daily top sales report that were emailed to everyone in the company on a daily basis for approximately 6mos (report ceased) which lists the TOP 10 sales people. My name is on 97% of these reports. I have emails from my 2nd mgr praising my consistant top performance and challenging the others in my district.

I have NEVER NOT ONCE, had any type of reprimanding in any way shape or form. None verbally or written.

By July I had forseen a set up from my mgr. He had instructed me to "run my territory" in a manner that would ensure that I would have minimal sales for the month. He confronted me via email stating, :WHAT'S GOING ON IN (YOU) territory.....He doesn't speak or write english very well.

I responded immediately and addressed each issue specifically, When I ended my explaination with the mention of his recent instructions on managing my territory; all of the sudden he didn't want to continue to discussing the subject (not via email) any instructed me to contact him on the phone the following morning.
CONTACTED DIRECTOR OF H.R. DEPT
After experiencing several more confrontations with him (all disproven and unwarranted)In July of 2002 I decided I couldn't continue like this and I notified our HR> dept. I provided her with all written documentation (I have lots) and over the next 4 mos I continued to provide her with updates and documents. I also know that she unequivocally reached the same conclusions I had.

The last time I talked to her, she told me to "get a lawyer, you've definitly got a case" This was COMPLETELY OFF THE RECORD! Even the in house counsel is concerned with the foundation of my termination.
RETALIATION?
In Sept I was told by a coworker; who I HAVE NEVER SPOKE TO and lives in a different state told me (others were there) and said, "______,(my mgrs name) IS OUT AFTER YOU" I have no idea how he was privy to this information. I already knew this but I wondered how he did?

This was the first sign of my mgr finding out of my contact w/HR.

Exactly 30 days later: I receive a call on my cell from my mgr (who resides in Las Vegas) letting me know he was in town and wanted to meet w/me. We agreed that he would meet me @ one of my accounts (I was making a sales call) You have to know that my blood ran cold when he walked in.....WITH HIS BOSS, the regional mgr! (I have only seen him once; remember these are all new people running our 180 yr old company)THERE IS ONLY 1 REASON THEY COME IN TWO'S! Someone has to drive the company car back.....I walked over very confidently (afterall I hadn't done anything wrong) and said, welcome to Fresno Jim and shook his hand.

Shortly thereafter we went to have a cup of coffee. Jim (the regional mgr)sat across from me and Nader, my immediate supervisor sat right next to me. Jim asked me point blank: "do you think Nader is out after you?" I couldn't say no...they would know I was lying. I looked down and then looked Jim straight in the eye and said, "yes" he then asked me why. I was very careful in my explaination as to not offend Nader (who is so close to me our clothes are touching, yet he never said a single word) I let both of them know what I was told by my co worker (Jim just happened to use the same exact words)

He then went on to tell me all the reasons why that was true.

I have no doubt that their visit was due to being contacted by HR. dept.

They stayed and pounded on me for 2 days.looking for any type of mistake but were unable. They confronted me about why I hadn't been entering my sales call data in our new computer units (I had already informed our MIS dept & Nader (my boss) that it wasn't working. In fact I was sending it back to the corporate office for repairs. Apparently, they didn't believe me and asked me where it was. I told them I had left it home (why carry it with me?)

We happened to be approximately 3 blocks from my house so they asked me to go home and get it and meet them back there. I did as they asked but when I got ready to leave and opened my garage door the both of them were standing there????? THEY HAD FOLLOWED ME HOME? For what purpose; I have no idea. I simply acted like it was no big deal and in fact invited them in. Instead they wanted to go back to the restaurant.

They took my files with them and scrutinized every aspect of them the first night they were here. Then when we met again the next morning; they immediately jumped me about my expense reports...they thought they found something. They said they had a printout of all the reports I said that had not been paid; HAD in fact been paid. We have the cancelled checks. I pulled out my file and adimantly rebutted this. Then the two of them compared report dates only to find that THEIR LIST did not include one of my outstanding reports...after looking for anything for 2 days: and finding nothing.....get this

I am told that I am being suspended (with pay) pending verification of paperwork? One thing that struck me very odd is that: Jim never contacted the HR dept of my company A..all decisions were coming from the other company's HR dept?

The day they left (took my car, computer, files and everything else) I called my HR dept to ask her about this...She was stunned because she had not heard about anything, nor had the general counsel of my company (who was familiar with my situation)

Another 30 days later I finally received a letter that I was being terminated for falsifying reports...so untrue. The extent of my falsifying was that I inadvertantly entered a wrong distributor number. No funds were affected and absolutely no wrong doing.


As I mentioned earlier w/respect to the 2 companies merging, yet all depts were still running independantly. By that I mean, Company B employees were being paid by their payroll dept and they had their own H>R> dept...as did my Company A. at least until Jan 1, 2003.


Everyone around me (even my previous mgr who can see a set up and knows how employers manuever) said I was being set up
DISCRIMINATION?
I failed to state that in the 6 mos that the new mgr has been in place he has hired 3 new reps.........All three are male, muslim and being paid 10,000 a yr more than I am. Also each are driving brand new vans & have company gas cards. (I had been with the company 2 1/2yrs) It is my understanding that one of these guys has never sold a tobacco product in his life and therefor unable to claim he has more experience. (I have been in the industry for more than 11 yrs) I also understand that all of these new hires are co workers that have worked with this new mgr at some point in the past.

After my termination; there is only one female in the district which consists of 8 men & 1 woman.