Can you sue for conflict of interest if fired from workplace?
Basically , the person that i’m under is not a supervisor but he has the resposibility of one and puts in extreme overtime hours and gets paid top hourly pay unlike all the other supervisors. All because his father is like 3rd in charge of a million dollar company. Now, me and this guy have a problem because i stood him up on a sunday by not cooming in to work due to a minor sprain the day before. Now because of the "power" he has , he shuts down all my overtime but things stay the same for everyone else. There so much tension between us , u can cut it with a knife. Its getting to the point where i’m frustrated because its nonsense and all the other employees and supervisors feels the same but knows the "power" he yields so it keeps quiet. My next step is to take it to the top brass which is his fathers golf buddies sought of speak. So, with that being said, if the worst comes out of this , is there a case for favoritism / conflict of interest.
There’s no such thing as suing for "conflict of interest."
You might be able to sue for wrongful termination if you are fired. But that will a long, painful process, during which time you will probably have a hard time finding another job, since what employer wants to hire someone with no positive references from his last job (not to mention an employee who is suing his last employer).
The only way you’ll have a leg to stand on (from what you’ve said so far) is if you’re in some legally protected class — a minority, disabled, female, veteran, whistleblower, etc. Even then, there’s no guarantee a lawyer will even want to take your case if you are fired. If you don’t believe me, try calling a few local employment attorneys right now to see if they are interested in handling your case if you’re fired. Unless there are some unusual facts you haven’t told us yet, I think you’ll find that attorneys probably will not see your case as a big winner that they want to take on a contingency fee.
Here’s what you need to realize: Rule #1: The boss is always right.
Here’s rule #2: If the boss is wrong, refer to rule #1.
I recommend that you turn over a new leaf with the guy you stood up to (bring donuts for the whole office and make sure he gets one too or something) and, meanwhile, start quietly looking for another job right away. If you have tension between you and someone with the practical power to get you fired, you will be fired sooner or later. Probably sooner.
Forget taking it ot the top brass. That’s a waste of time. Would you side with an employee (who was running a lot of overtime) over your own son? That’s not realistic. It may not seem fair, but if you own your own company some day, you’ll probably think it makes perfect sense.
I know this may seem harsh and unfair — and it is, compared to some environments you may be used to such as schools — but if you know that’s how it works you can position yourself better.
Now accept that this job isn’t all you thought it would be (it may pay well but there’s at least one person who you find it imposible to work with). Get a resume together (or get ready to fill out job applications) and go look for another job where, with any luck, those you work for are a little nicer. (There’s no guarantee, of course. It seems like most workplaces have at least one jerk. It seems to be mandatory somehow.)
By the way, when you’re interviewing with other employers, say NOTHING negative about your former or current employers. If you’re asked why you’re leaving, just talk about having different visions for the direction of the company or something that sounds harmless and positive on both sides. If you sound angry or critical, employers will be afraid to hire you for fear that they’ll end up as the next employer you don’t like. So stay positive.
Even if by some unlucky break you are fired before you find a suitable other job, say nothing negatve about it. Reframe it in the best possible light. Better yet, try to get your current employer to give you a letter of reference either from someone who supervises you or from a co-worker with more seniority if possible that says something positve or at least nothing negative. That’s why bringing in donuts and other acts of kindness now are a good idea. They will help you build a bridge to your next job.
If you do leave this job voluntarily or involuntary, do it on good terms. Try to get as many people as possible to agree to say good things about you if you need them as references in the future. Stay in touch. Who knows. You might come back and buy the whole company some day.
Recommended Reading
- Conflict in Workplace: Your Good People Quit
- how personality is a component in many workplace conflicts?
- Do You Have an Innovative Organization?
- Diversity. What does it Really Mean?
- The Complete Guide to Conflict Resolution in the Workplace
Get over it and seek new employment.
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LIFE
favoritism / conflict of interest are not legal causes of action in a workplace context. if you are an "at will" employee, which most folks are, you can be terminated at the employer’s will, with or without cause. your best solution is to start looking for another, and hopefully better, job…
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There may be a case for harassment, but they could argue you have poor work performance. I don’t know…but conflict of interest is a different thing entirely. But you may threaten harassment when you speak to his bosses. That may get them to have him to back off.
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There’s no such thing as suing for "conflict of interest."
You might be able to sue for wrongful termination if you are fired. But that will a long, painful process, during which time you will probably have a hard time finding another job, since what employer wants to hire someone with no positive references from his last job (not to mention an employee who is suing his last employer).
The only way you’ll have a leg to stand on (from what you’ve said so far) is if you’re in some legally protected class — a minority, disabled, female, veteran, whistleblower, etc. Even then, there’s no guarantee a lawyer will even want to take your case if you are fired. If you don’t believe me, try calling a few local employment attorneys right now to see if they are interested in handling your case if you’re fired. Unless there are some unusual facts you haven’t told us yet, I think you’ll find that attorneys probably will not see your case as a big winner that they want to take on a contingency fee.
Here’s what you need to realize: Rule #1: The boss is always right.
Here’s rule #2: If the boss is wrong, refer to rule #1.
I recommend that you turn over a new leaf with the guy you stood up to (bring donuts for the whole office and make sure he gets one too or something) and, meanwhile, start quietly looking for another job right away. If you have tension between you and someone with the practical power to get you fired, you will be fired sooner or later. Probably sooner.
Forget taking it ot the top brass. That’s a waste of time. Would you side with an employee (who was running a lot of overtime) over your own son? That’s not realistic. It may not seem fair, but if you own your own company some day, you’ll probably think it makes perfect sense.
I know this may seem harsh and unfair — and it is, compared to some environments you may be used to such as schools — but if you know that’s how it works you can position yourself better.
Now accept that this job isn’t all you thought it would be (it may pay well but there’s at least one person who you find it imposible to work with). Get a resume together (or get ready to fill out job applications) and go look for another job where, with any luck, those you work for are a little nicer. (There’s no guarantee, of course. It seems like most workplaces have at least one jerk. It seems to be mandatory somehow.)
By the way, when you’re interviewing with other employers, say NOTHING negative about your former or current employers. If you’re asked why you’re leaving, just talk about having different visions for the direction of the company or something that sounds harmless and positive on both sides. If you sound angry or critical, employers will be afraid to hire you for fear that they’ll end up as the next employer you don’t like. So stay positive.
Even if by some unlucky break you are fired before you find a suitable other job, say nothing negatve about it. Reframe it in the best possible light. Better yet, try to get your current employer to give you a letter of reference either from someone who supervises you or from a co-worker with more seniority if possible that says something positve or at least nothing negative. That’s why bringing in donuts and other acts of kindness now are a good idea. They will help you build a bridge to your next job.
If you do leave this job voluntarily or involuntary, do it on good terms. Try to get as many people as possible to agree to say good things about you if you need them as references in the future. Stay in touch. Who knows. You might come back and buy the whole company some day.
References :
In the private sector, there is no law against favoritism or nepotism. An employer is free to fire you or cut your hours just because he wants to. Just as you are free to quit just because you want to. Furthermore, the employer is free to delegate authority to anyone at all, including the boss’s son. If there is any restriction, it must be found in the company’s internal policies, not in any law.
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