Legal Question in Employment Law in Indiana

Employment

My wife was a teller at a Bank for 2.5 years. She received a warning at the end of September for not meeting her quarterly referral sales goal. She had met the goal in previous quarters and missed the last one mainly due to not being there because of vacation time taken. At the end of October she was told that she was not on pace to meet her goal again even though she was only through one third of the next quarter. At that time her manager suggested she resign and she said she would not. Later that day, her manager informed her that she was terminated. Many other tellers also did not meet their referral goal and are still there. Some were even promoted. At the time of my wife's dismissal she had more referrals than anyone else in her branch. Does she have reason to pursue this?


Asked on 12/04/08, 12:13 pm

1 Answer from Attorneys
Kenneth Lauter Kenneth E. Lauter, PC

Re: Employment

It appears your wife was fired unfairly. That leaves the question, however, whether or not the unfair firing was motivated by her membership in some protected class.

Employers generally may not fire employees because of their membership in a protected group defined by race, sex, age, religion, national origin, disability, for making a complaint of discrimination based on one of the foregoing, taking of protected FMLA leave, filing bankruptcy, filing a claim for workers' compensation, or for refusing to commit an illegal act.

Because she is apparently being singled out for different treatment than other tellers who did not meet the referral goal, it is important to determine the reason for the different treatment.

Please feel free to contact me if I can be of further assistance. The firing sounds very suspicious.

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Answered on 12/04/08, 1:03 pm


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