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Waiting to be fired (Employment & Labor Law)

Wed, 09 Feb 2005 07:08:00 GMT

My husband is a director at a medium size companyin FL. In the last few months he has been scapegoated out for problems that were clearly caused by the CEO and or boss. My husband had told them these problems would happen but they refused to listen and now blame him. He gets monthly updates from Monster.com and he saw his job posted. He was shocked because he did not feel that it had escalated ot that point and he has always gotten satisfactory reviews. He confronted his boss/CEo and he was told it was not their ad. It clearly was. He said there were concerns but they would be reviewed at review time. My husband knew he was lying and that they would be firing him at review time which is this week and not giving him a bonus. He was at a loss what to do since his boss lied to him. He feels like a sitting duck. Any recommendations out there? What do you suggest he do if he is fired? Does he have any legal stance? He has copied all his files on to diskette and brings them to and from work because he doesn't want to help his successor. Can they require he hand over his files for severence? What kind of severence is typical for an executive who has been at a company for five years?

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  • Wed, 09 Feb 2005 07:16:00 GMT(1)
  • In most cases, terminations such as you describe are legal. The exceptions are when the termination is because of an illegal discriminatory reason, such as age, race, religion, age, disability, etc.; in retailation for doing things such as filing a workers compensation claim; or in violation of an employment agreement. So, based on the information that you have provided, it appears that the termination is legal.

    There is no standard for severance for terminated employees...companies often given nothing.

    They can require that he hand over those files as they may be able to prove that his work is technically theirs. But, the final determination are things such as policies and practices of the employer in the past.
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