An employee at a Memphis News Alert manufacturing company with 5 years of service in a supervisory role was planning to take a vacation day to accommodate her moving into a new home. She mistakenly entered her name under the wrong day in the company vacation calendar and forgot to submit a mandatory vacation form. The employee was subsequently fired and was not able to find another job for a year and a half.

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An honest mistake that led to the employees dismissal was also compounded by her treatment by the supervisor and subsequent belief she was terminated.

When the employee did not show up at a departmental meeting on Friday, the department manager phoned the employee at home and when the employee explained that she was moving and had taken a vacation day, the manager hung up on her. The manager called back about an hour later and when the employee did not answer the phone, the manager left a rude message telling her not to come back to work. The manager continued to leave messages throughout the week suggesting the employee had been fired or laid off. The employee, who believed she had been fired, never returned the calls and never returned to work.

The Outcome:

The issue that comes into play in this case is the duty of good faith and fair dealing that employers have towards employees at the time of termination. Where employers humiliate, mistreat or act unreasonably towards employees, they can be forced to pay additional damages. The employee took the company to court and in the reasons for judgment, the Court found that the employer had acted in bad faith by carrying out the employees dismissal as follows:

Rather than communicating with the employee privately, the department manager terminated the employee in a message left on her Memphis News Today home answering machine that could be heard by others in the home. The consequence of this is obvious.

The department manager was abrupt, discourteous, rude and profane. No matter what the supervisor should have been professional in dealing with the situation.

The department manager intrinsically suggested that the employee had been "laid off". The judge believed this was done in the hope that the employee would agree to treat her termination as a layoff so that she would be owed less money. (Surprisingly this ploy is used often by employers to try and reduce the possibility of a wrongful dismissal claim.)

The employer repeatedly made untrue allegations of the employees misconduct in her Record of Employment, which initially disqualified her for Employment Insurance; and

Because of the allegations the employer continued to make up until the trial, the employee was discouraged from seeking a reference letter -- which impacted her job search.

Summary

As a result of managements behaviour, the employee was awarded additional damages above and beyond what she would have received had the company acted more reasonably.

If you are terminated from your job and feel that the termination may be wrongful or constructive dismissal you should then seek legal counsel and advice from an employment lawyer.

In 2005, the State of Florida had 120,386 reported incidents of domestic violence. (1) Law enforcement and Government agencies place a premium on the apprehension and prosecution of individuals arrested for such crimes. As importantly, victim advocates and community volunteers zealously work to protect, advise, and counsel victims of abuse and neglectAs a former Assistant State Attorney assigned to the Domestic Violence Unit in Fort Lauderdale, Florida, I was on the front-line of prosecuting individuals arrested for criminal charges such as battery, assault, stalking, kidnapping, and attempted murder. I have personally observed victims of domestic violence appear in my office with bruises the size of cantaloupes about their body, cigar and cigarette burns on their face and neck, and strangulation marks from a phone cord or telephone wire. The individuals who committed these unthinkable acts of violence on their supposed loved ones should be incarcerated for years on end. I would not wish these acts of violence upon even my most Memphis News hated enemyThe problem with prosecuting domestic violence cases, however, is that the preceding examples are far and few between.The overwhelming majority of domestic violence arrests comprise of a similar fact pattern, like the example below.Woman confronts Man about a "mystery" woman (i.e., name discovered in cell phone; co-worker; etc.). Man denies having any physical relationship with "mystery" woman.A heated argument ensues. Oftentimes, Woman hides, breaks, or takes possession of Man's keys or cell phone or threatens to take away shared child(ren). Woman may or may not initiate physical confrontation (scratch, push, punch, or kick) with Man. Man grabs, slaps, pushes or punches Woman, sometimes in self-defense. Woman calls the police ("911") to report this act of violence. Law enforcement arrives on scene to investigate the allegations. Law enforcement arrests Man regardless if there are any signs of physical violence. Law enforcement will typically arrest Man regardless of who first contacted the police. Law enforcement will Memphis Weather arrest Man regardless of the Woman's ("victim's") desire not to press charges. Law enforcement will contact the Department of Children and Families (DCF) if a child is present. Please note that Man and Woman are interchangeable in the preceding story. In my experience, however, Man is typically the individual charged with domestic violence. A significant number of these cases "resolve" in the same manner.Within the first 24-72 hours, Woman attempts to recant her allegations of domestic violence. Woman contacts law enforcement and/or the State Attorney's Office to indicate her desire not to "press charges" against Man.(2) Law enforcement advises Woman that, "It is out of our control, the case now resides with the State Attorney's Office". The State Attorney's Office Victim Advocate advises Woman, "Although we value your opinion, the assigned prosecutor will make the determination on whether to file charges based on law enforcement's report." Practically speaking, both agents of the State point the finger at its sister agency to deal with the Woman's complaints on the handling of her case.Typically within 33 days, the State Attorney's Office files criminal charges of misdemeanor domestic battery against Man.Misdemeanor domestic battery carries a potential penalty of 364 days in jail. The Court routinely issues a "No Contact Order" precluding Man from having any contact with Woman until the conclusion of the case (regardless of whether they share a residence). Sometimes the Court also places severe restrictions on Man (i.e. ankle monitor, exorbitant bond, etc.) Domestic violence cases can take up to year to prosecute; although most cases are resolved in less time. The prosecutor assigned to the case will typically offer Man the option to resolve the case with a sentence of "12 months probation, 26 weeks of "batters' intervention classes" and No Alcohol or Intoxicants while on probation" regardless of whether the Woman wishes to prosecute. Please note that an individual convicted of domestic violence (even with a withhold of adjudication) cannot seal or expunge his/her record. Of interest, the State Attorney's Office will sometimes refuse to drop criminal charges against the Man even if the Woman files a sworn, written affidavit denying the allegations. Cases like the one mentioned above place a tremendous burden on the State Attorney's Office. On average, a Fort Lauderdale domestic violence prosecutor has 200-300 active files. This equates to at least 200-300 victims. As an Assistant State Attorney, the number of phone calls I would receive from disappointed and disenfranchised "victims" was frightening and sad. Some days I would receive 30-40 phone calls per day from victims begging to drop their case. One or possibly two victims would call per day to advise me that they still wish to prosecute their case.One cannot fault prosecutors throughout the State for their "hard line" position that the victim's recommendations about the direction of the case are oftentimes secondary to the safety of the community at large. Occasionally, a non-cooperating victim requires the Government's protection even when they do not want or request it. I remember one example, in particular, where a victim told me, "The police officer is lying [Man] never punched me I want the case dropped." All the while, I observed an indenture underneath the victim's severely swollen left eye of Male's ring. It is inconceivable for a prosecutor to drop a case where he/she knows the victim is "mistaken" about whether violence occurred; however, what should a prosecutor do when he/she suspects the victim is now telling the truth that the event did not occur as originally reported?At its core, the problem stems from the fact that law enforcement, and in turn, the State. Attorney's Office treats all their cases in the same manner. Law enforcement must change their "unwritten" policy to always make an arrest when called out to the scene for domestic violence related issue. This is especially true in cases where law enforcement cannot ascertain the aggressor and no injuries are present. A trained law enforcement agent should be able to more properly identify when two parties need a few minutes to "cool down" instead of automatically making an arrest. As importantly, the State Attorney's Office Memphis News Blog should not summarily dismiss the recommendations of non-cooperating and recanting victims because [the prosecutor] believes it is in the victim's best interest for the State to