Fired for Non-delivery @ Subway Cont

You’re adding in evidence that is not presented by the OP.

You’re assuming the OP has a perfect track record. You’re assuming the manager was lying and that no other coworker was disrupted by OPs behavior.

Even before the smoking gun, the OP had been harassing for information they are not entitled to by people that are not responsible for giving it to them. They then threatened legal action for not giving them the information.

It is quite a stretch to paint the OP in the light of a model employee here.

But sure, I’d agree that if the OP had a clean track record, had no coworkers citing disruptive behavior, and have witness account of the manager interaction that favored OP; then they’d likely force Subway to settle.

To me, all that seems like a stretch given how aggressive OP was in earlier messages.

You’re also discounting that this is a casual conversation on personal devices. There will be scrutiny on the language. At the very least, the manager will be given the opportunity to clarify the message. All they have to do is clarify it was not the subject of the conversation, but the behavior during the conversation. As long as the language in the text is remotely plausible, they get the benefit of the doubt.

Also, I’d still wager the employee signed arbitration. Yes, it is a franchise, but that’s what franchise fees are for. They wrap everything up for an owner. That includes HR documents and use of HR software.

And finally…

Source: Interned at a firm that fielded (and usually declined) wrongful termination suits.

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