this post was submitted on 13 Jan 2024
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Wrong again. It very much matters what they tell you because by law they’re not required to tell you anything. They can terminate employment for no reason. Giving a reason is citing cause.
The employer might not fight an unemployment claim but if, for example, they cited performance in the termination meeting and then the employee finds out the employer had made age discriminatory comments, kind of like you did, about them, there’s grounds for wrongful termination.
You seem intent on ignoring the fact that the conversation during a termination from the employee perspective is crucial because companies can, and do, lie to protect themselves.
There’s also special conditions and requirements that go along with a reduction in force (layoffs due to overstaffing) that companies try to sidestep by listing a different reason for the termination.
Pointing out the truth is not "age discrimination". It's obvious that she is very upset in the video, and that this is probably the first time she's been in this situation. It's also obvious that the manager and HR person have gone through this conversation many times already. There is nothing that they could say that would satisfy her. The HR person literally says that. They are giving her the response they were told to give her. Yes, its bullshit, but it doesn't matter until it's written down. This video isn't the "gotcha" that she thinks it is. Without the video, it's her word against written documentation. And of course the company is going to protect themselves, that's why they won't report it as with cause. All this video did was show her inexperience. Unfortunately we'll never see the update where she tells us what they reported on the written documents.
Hmm, but the HR people said they didn't have any documentation, and if she hasn't had a bad performance review prior to this meeting then there isn't a paper trail showing poor performance.
If they generate some documentation after this meeting that shows poor performance, wouldn't that kind of be a smoking gun for a fraud case? Because it seems pretty clear that the intent is to defraud her of unemployment benefits by claiming that she was fired with cause.
Yes, if they do that. And then she'll have more evidence for a wrongful dismissal lawsuit. But they won't. They'll report that she was fired without cause. Speculating on the official cause does nothing but allow people to feel upset about it.