QUESTION
I worked in ( multinational advertising company) until a few days ago. i was as a graphic designer and was working a print ads.
Asked on Apr 29th, 2012 on Wrongful Termination - New York
More details to this question:
Apparently i created a visual that was identical to a print ad done somewhere in Europe. My boss had this reference with him ( the ad that was done in Europe) but did not share it with me. If he did i wouldn''t allow to share with the client. Once the client asked for references my boss showed him references he collected and among them was these ads done in europe that looked identical to what i have done. He was perplexed at how identical these visuals were. The next day he claimed that i had copied them which i politely said there is no truth in that. He told me he doesn''t want to get into this anymore that he was embarrassed in front of the client. which he had the reference and never shared with me. He asked me he wants me to resign. i was shocked at the quick decision. I went to the HR and told them i will not resign since i am being dismissed unwillingly. They made me sign a paper that they are firing me for plagiarism. do i have a case for Defamation or wrongful termination.
1 ANSWER
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This is a difficult case to determine over this forum. That your own employer 'sandbagged' you does not present his actions in a favorable manner. However, procedurally, I do not understand the 'references' issue. As for defamation, this would be difficult to prove, as you would need the testimony of the 'client'. As for wrongful defamation, that would depend on whether you had an employment agreement, and that agreement was violated. In the absence of such an agreement, no 'wrongful termination' case can be brought, as your employment would be 'at will'.
Gerry Wendrovsky, Esq.- Upper West Side Lawyerwww.upperwestsidelawyer.com
Answered on May 10th, 2012 at 5:13 PM