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Old 06-20-2007, 09:31 PM
pltimm
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Default Wrongful termination thru defamation of character

I was employed at a popular restaurant (national corporate chain)and held a variety of positions such as key/ manager and bartender. I was terminated for reasons given as stealing food/ liquor/ wine. The allegation of stealing is completely false. The employer/ managing partner was not present on the day in question nor was any evidence offered to sustain the accusation. Allegation was said have come from another employee, unknown. I was terminated during my final week of employment. I had put in my notice of resignation with my last day to be June 3, 2007 in order to transfer to another restaurant within the same company. I had decided and offered to stay on longer due to lack of qualified personell available for following 2 weeks. Transfer forms were properly filled out and filed in May, 2007. Start date for employment at restaurant #2 was discussed with relevant parties to be June 18, 2007. It was well known and made known to me by many others including employer #1's wife, that employer #1 did not like the fact I was transferring out of his restaurant. It should be noted that restaurant #1 is a franchise while restaurant #2 is a corporate partnership. Both businesses are under the same company umbrella but operate differently because of said difference. Employer/ managing partner #1 disclosed false allegations to employer/ proprietor of restaurant #2 before my termination. Therefore I was given no opportunity to deny and defend myself. Directly after being let go, I immediately went to speak with employer/ proprietor #2 who already knew what, how and why I was terminated. I was told by employer/ proprietor #2 to contact him in one week so I could discuss the issue with the Joint Venture Partner, who oversees the entire region including both restaurants in question. He has been and currently is made aware of all goings on while as they were/ are happening. At this same time, employer/ proprietor #2 disclosed that he could not allow me to work at his restaurant until I had spoken to the JVP. Thru email correspondance and phone calls, the JVP had given the responsibility of of any hiring/ not hiring to employer #2 after employer #2 spoke to employer #1. On June 20, 2007, employer/ proprietor #2 nullified transfer/ hiring agreement due to this false information disclosed by employer/ managing partner #1. I had confirmed this fact twice in conversations.

Is there any legal recourse I can take? Against whom? Does it sound like I have a case?

To my understanding, employer #1 wrongfully terminated my employment due to false allegations and after doing so, defamed my character by alerting my future employer of my termination AND the his reasons for doing so (false allegations). Also, I have already heard back from persons not involved that they knew of the reasons for my termination. I live in a resort town and the primary business is the restaurant/ service industry. I am very worried how this will affect my options if I seek to go somewhere else. Presently, I would still like to work for employer #2.

Until this issue happened, I was in very good standing at this restaurant and this company. I had received 'employee of the year' last year and am well liked and respected by almost all other employees and managers, most of whom were sad/ unhappy with me transferring. Some employees had made vocal that they would seek to transfer where I was going.

Does the fact that both restaurants are under the same company umbrella have any relevance? The company owns many other concept restaurants nationwide, some international.

What options do I have?
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Old 06-22-2007, 07:03 AM
moderator moderator is offline
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I responded to your other post.
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