Fire for insubordination because I expressed my personal opinion

[sftballuvr]

I know CA is an At Will state, but I was recently fired after meeting with the CFO in regards to the actions of the Accounting Manager (who was my immediate supervisor). I had expressed a personal opinion to the Accounting Manager that I thought the owner of the company had made some poor business decisions. After the CFO met with the Accounting Manager to discuss my concerns, the Accounting Manager told the CFO about my opinion and I was fired for insubordination. When I asked how I was insubordinate, I was told my comment could be insubordinate. I had worked for the company for over 2 1/2 years with no problems. When I met with the CFO to discuss my concerns about the department she told me that I was an extremely valuable asset to the company and that I was very professional and that she did not want to lose me. The accounting manager lied to the CFO about things that were going on in the department (I have other employees who will corroborate everything that I said to the CFO) and because of the comment that I made to my superior only, I was fired.

Do I have a case?

 

[army judge]

I know CA is an At Will state, but I was recently fired after meeting with the CFO in regards to the actions of the Accounting Manager (who was my immediate supervisor). I had expressed a personal opinion to the Accounting Manager that I thought the owner of the company had made some poor business decisions. After the CFO met with the Accounting Manager to discuss my concerns, the Accounting Manager told the CFO about my opinion and I was fired for insubordination. When I asked how I was insubordinate, I was told my comment could be insubordinate. I had worked for the company for over 2 1/2 years with no problems. When I met with the CFO to discuss my concerns about the department she told me that I was an extremely valuable asset to the company and that I was very professional and that she did not want to lose me. The accounting manager lied to the CFO about things that were going on in the department (I have other employees who will corroborate everything that I said to the CFO) and because of the comment that I made to my superior only, I was fired.

Do I have a case?

No.

Why?

Because an employer doesn't have to provide a reason for terminating an at-will employee.

However, in your case the employer gave a reason.

By definition, your words were insubordinate.

Your words were contentious, and fractious.

Your words undermined subordinate support in their CFO.

http://www.thefreedictionary.com/insubordinate

It wasn't your place to publicly criticize a "C" level executive.

If you had information of wrongdoing, there was a better (and safer) way of addressing it.

But, you're always free to sue anyone you want.

All you have to do is get down to the courthouse, pay your fee, and file your lawsuit.

Now, there are those that disagree with my reasoning.

In fact, it has been said that a single act of insubordination doesn't rise to the level of termination.

This might help you understand that train of thought.

Company Policy
# Companies are not required to make formal policies regarding staff conduct. However, if an employee commits an act that is considered insubordinate, penalizing the employee or terminating employment could be difficult from a legal standpoint. According to streetdirectory.com, small businesses that fail to create company rules, policies and handbooks outlining them risk losing the respect of employees. The lack of rules also makes changing insubordinate behavior problematic.


Single Acts of Insubordination

Insubordination can lead to termination, but firing an employee for a single insubordinate act can be difficult. The employee could have a wrongful-termination case if there are no policies or procedures set. To protect themselves from litigation, employers need to have several meetings with the employee, set targets and offer the employee the opportunity to improve. If thee targets are not met, then termination is a legally viable option.

http://www.ehow.com/list_6767112_laws-insubordination.html#ixzz12mHISloL

 

[Patricia_Young]

I don't disagree with AJ, but I wanted to clarify one point.

You DO have a chance for unemployment benefits.

You do NOT, IMO, have a case for wrongful termination. Company policies very rarely rise to the level of a contract.
http://en.wikipedia.org/wiki/Wrongful_dismissal

One of my colleagues puts it this way. If you're going to go over your boss' head to complain about your manager, you'd better have a box handy, because either you or your boss may need it to pack their personal belongings.