Legal Question in Employment Law in District of Columbia

I was terminated from FedEx Office today when I reported for work. I feel that this is due to greivance letters I have submitted to HR and District Managers, a week later I am told that I am terminated because they sent in another District Manager who claims that she heard me using profane language over the phone which is a false acusation. I never had any talks about this situation and I was shown a written statement from the manager who claims that they heard this. They were not present for me to defend myself with these accusations and I never had a write-up before, but I have written several on my Center Manager for not being properly trained and given too many duties that are not in my job description. Do you feel that I have a case for wrongful termination?


Asked on 2/21/11, 9:36 am

2 Answers from Attorneys

Phillip M. Cook Cook Legal Services, LLC

Not if you were an "at will" employee, meaning you have no employment agreement and are not in a union. Consult a lawyer with the specifics of your case.

Best of luck.

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Answered on 2/21/11, 5:01 pm
Torrance Colvin The Colvin Law Firm

I disagree with Phillip on this one.

Under D.C. law, specifically the District of Columbia Human Rights Act, even "at will" employees are protected if they report alleged wrongdoing to the appropriate authorities or even their supervisor or other authority at work. It doesn't make a difference whether you have an employment agreement or are not in a union.

These whistleblowing employees are protected when their employer violates public policies expressed in statutes (such as criminal statutes), regulations (such as food & safety regulations), or constitutional provisions. Protected actions include exercising first amendment rights, refusing to participate in activities that do not meet governmental regulations, filing health complaints, reporting unlawful conduct, and threatening to report unlawful conduct. Your question is not specific on your grievances and complaints that you made to HR and your District Managers, but if they can be included in the examples above, you may actually have a claim. This is of course dependent on numerous other factors including whether the profane language reason for the firing was legitimate or just pretextual (a false reason use to cover up their true intentions).

I agree with Phillip overall, however, and would recommend you get all of your paperwork together and schedule a meeting with a qualified employment attorney.

Best of luck.

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Answered on 3/16/11, 8:36 am


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