Wrongful Term

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Jimi444

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I'm trying to find what law this situation would fall under... Wrongful Termination, Texas Whistleblower Act or SOX. Here is my situation...
I'm currently in litigation with my former employer. Back in April 2008 I was terminated under the Texas "At-Will" employment policy. But here is the background that lead up to my termination: I worked on a four person team with only one person senior to me, but I did not report to the senior person. During my 9 month employment with the company the senior person to me would instigate conflicts with me by purposely impede me from doing my job (by locking me out of systems). I learn later that the systems he was locking me out of were systems that he was storing pirated software on. In March 2008 I emailed the evidence of Bit Torrent pirated software to my supervisor, including the hacker text file which explained how to use their serial cracker and what hacker group generated the software. There were many different pirated software products that the senior person was using. My supervisor wrote back to me in an email "(senior person) already told me about this... he needed to test something out with the software. He will remove it when he's done. Thanks".
This took place three weeks before I was terminated. The week that I was terminated, upper management within the company and the president of the company received an email from an alias person who opened up a gmail account. This person used a false identity and made claims in the email that they company was using pirated software and listed out bad practices that the senior person was doing. My supervisor said that since my claims were the same as this anonymous email that it must have been me. The president of the company told my supervisor to "take care of the problem". I have copies of my perfect evaluations within the copy, I was never written up and I received a merit raise while I was employed with the company.
I have all the evidence I need to show that they were in fact using illegal pirated software downloaded from Bit Torrent. Would like case fall under Texas Whistleblower Act, SOX or just wrongful termination?
I currently have a lawyer and he is doing the research on it. But from what I read about the Texas Whistleblower act, it looks like it applies to public employees. This position was with a publicly traded company.
Any advice would be appreciated.
 
I currently have a lawyer and he is doing the research on it.
I am not sure what he is researching. You have answered your own question regarding the type of law it falls under..."Back in April 2008 I was terminated under the Texas "At-Will" ..."
 
Yes, but even if they use "At-Will", if you reported something illegal going on within the company only a short time before being terminated, isn't that considered a wrongful termination?
 
Here is the problem - you don't know if the firing was really due to the reporting of the illegal activity by the senior and you probably will never find out. Check out the link below to see what the definition of wrongful termination is and what are some scenarios where you may think you have been wrongly terminated when, in fact, you were legally terminated. Good luck to you!

http://www.employeeissues.com/wrongful_termination.htm
 
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That's where I'm starting to get into a gray area. My former boss signed an affidavit that said my termination was based on a on going conflict with a co-worker. But, that conflict was based on my co-worker doing something illegal and that can be proven 100%. I guess they just got tired of me reporting this guy and saw it as a problem because his illegal activity was helping the company. This is not as clear cut as the discrimination terms, but it does seem to fall under whistle blower.
 
If you still feel that you have a case, then continue to work with your attorney and present the case to the DOL and to the EEOC so you can have your chance to make your voice heard. Good luck to you!
 
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