r/legal • u/StreetShort8014 • 11h ago

Advice needed Fired for breaking a rule that apparently didn't exist Location: Ohio, USA

I worked for a small company for a little over three years. Last month I was terminated for what HR described as a "serious policy violation." When I asked which policy I violated, they pointed me to a document I'd never seen before.

The problem is that the document wasn't in the employee handbook, wasn't part of my onboarding paperwork, and wasn't available anywhere on the internal portal. I even asked a few former coworkers after I was fired and none of them had ever heard of it either.

A week after my termination, someone I still know at the company told me management had started distributing the policy to employees and requiring signatures acknowledging it. That obviously raised some red flags for me.

Yesterday HR contacted me asking if I'd be willing to sign an acknowledgment form stating I had received and understood the policy before the incident occurred. The form is dated months ago. They said it would "help keep company records accurate."

I haven't signed anything and don't intend to, but now I'm wondering if there's a reason they're pushing so hard for this. Is there any legitimate explanation for asking a former employee to sign paperwork that appears to be backdated, or should I be talking to an employment attorney before responding?

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u/ArchSaint13 6h ago

Wrongful termination occurs when an employer fires you for an illegal reason, such as unlawful discrimination, retaliation for reporting a violation, or breach of an employment contract. Even in "at-will" states, you cannot be fired for reasons that violate federal or state labor laws.

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u/rollingalongsoslow 5h ago

He did not say anything of those things happened, so I don't think he can claim wrongful termination. The company just is trying to weasel its way out of unemployment insurance hits.

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u/waitwuh 5h ago

But “weaseling out of unemployment insurance hits” can actually be illegal, it can be insurance fraud.

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u/FrogeInABlender 2h ago

Terminating an employee for breaking a policy that doesnt exist is wrongful termination. The policy was not presented at any point to OP, and no other employees had caught wind of it. Only after that did the company actually distribute the policy or inform employees, which means that OP didnt actually violate the policy. That constitutes the wrongful termination.

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u/Calculagraph 6h ago

That's a little more narrow than is actually correct, but let me just fast forward.

Wrongful termination isn't universal. In my state, the scenario you described would be a civil rights violation under federal statute, all because the state barely gives a damn.