I was shoot 3 years ago and my employer just found out about it and wanted to know the details about it. I told them I wasn't going to disclose any info. on it and they fired me saying that I was a thret to the other people at the plant do to the fact that they feel there may be retaliation from the peiple that shoot me. f.y.i. I was not doing anything illegal at the time.
2006-08-02 12:28:54 · 15 answers · asked by bob b 1 in Politics & Government ➔ Law Enforcement & Police
The 5th amendment applies when the government is asking you questions that may incriminate you. So, on two grounds it doesn't apply (since you said you did nothing wrong).
Second, an at-will employee can be fired at any time. If you are in that category, you're screwed.
I sense that there is a little more info here that you are leaving out. Posters at Yahoo answers are famous for leaving out important details.
2006-08-02 20:48:08 · answer #1 · answered by gunsandammoatwork 6 · 1⤊ 0⤋
If your state is an "at-will" state, they have the ability to terminate employment at anytime without having to show cause. There are some boundaries where they can not do so but they are defined clearly in each state's at will law.
Contact an attorney for any questions regarding this simply because there are many variables involved and they make a difference in the options available to you.
2006-08-02 13:01:25 · answer #2 · answered by sarhibar 3 · 0⤊ 0⤋
if that is the only reason you were fired, i would think you have a lawsuit. it was three yrs ago...that you were shot. no one can predict the future... but if they were going to come back and finish the job...they are sure taking their good old time. people shoot people at companies..everyday... and they do not even have a reason. getting shot is personal..and you did not have to go into detail... it might be traumatic... or something. that is nuts. get an attorney. p.s. not doing anything illegal at the time. does that mean you are now... or had been.?
2006-08-02 12:38:38 · answer #3 · answered by Anonymous · 0⤊ 0⤋
The 5th amendment applies the criminal cases, not to private employers. As I understand it, they can't fire you for being shot or for refusing to discuss it. If you have permanent injuries that affect your ability to do your job, they have a right to know. If the shooting was 3 years ago and they just found out, that is probably not the case.
2006-08-02 14:58:47 · answer #4 · answered by STEVEN F 7 · 0⤊ 0⤋
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2016-12-11 05:28:33 · answer #5 · answered by ? 3 · 0⤊ 0⤋
They cannot fire you for just being shot 3 years ago! If you did the shooting, then your employer has the right to know. They could only fire you IF the person who shot you came back & started a big fight. I would talk to a lawyer about this situtation.
2006-08-02 12:36:43 · answer #6 · answered by Xtal 4 · 0⤊ 0⤋
I believe you were within your legal rights, not to respond to your employer, regarding a "personal" matter, that was not related to your job, job performance, or against the law.
Some companies have "moral clauses," which would allow them to fire a person for such things as DUI,Domestic Violence.
If you were shot during a domestic violence incident, they may have a legal right to ask you certain questions, regarding the incident. (i.e. were you arrested for domestic violence, pertaining to your shooting)
As for those who "shot you,"( may or may not be.)coming after you and putting other employees in harms way; I do not believe that warrants grounds for being fired.
Obviously, I do not know all the facts, pertaining to your situation, but if I were you, I would seek legal counsel.
Good Luck :)
2006-08-02 12:46:43 · answer #7 · answered by swampfox conservative 3 · 0⤊ 0⤋
No, the constitution only applies to the federal government, some points pass down to the states via the 14 amendment, but your ex-employer is not bound by the constitution.
2006-08-02 12:51:12 · answer #8 · answered by Anonymous · 0⤊ 0⤋
a question: If you were doing nothing wrong or illegal, why not tell your employer what happened?
Also, you may want to talk to a good lawyer to get your answers on a topic like this. Yahoo answers is hardly the legal forum for such questions.
2006-08-02 12:34:25 · answer #9 · answered by blah_in_az 2 · 0⤊ 0⤋
Then why didn't you tell him that? They have to protect the workers in that plant first and foremost. If you are involved in gang activity that could put others lives at risk then you owed it to them to explain. By hiding it you only confirmed their suspicions.
2006-08-02 12:35:30 · answer #10 · answered by Anonymous · 0⤊ 0⤋