I was working with a jewish co-worker and I realized what I had said immediately after saying it. I apologized and he told me it was fine, and not to worry about it. A month or so later he was about to leave work for college, but got in trouble for closing the store late, or something.. And right before he quit he sent in a complaint that I was saying derogatory comments about the jewish religion.
This complaint was sent in at the beginning of August. The company made me write an apology letter, and review wrong work related conversations video. A month later I was fired for it.
The assistant manager thinks I should sue hollywood for wrongful termination. Would I even have a chance at winning? Or was me being termination justified? I'm horrible at anything law related, so I figured yahoo was my best bet after having no luck trying to look it up myself.
2006-09-09 19:02:03 · 27 answers · asked by NinjaKick 1 in Politics & Government ➔ Law & Ethics
ok. no matter what your "long explanation" was, the point was....dont' say STUPID things at work. That a VERY STUPID thing to say to anyone, let alone people that you work with. It is very justified to let someone go - no matter when they said it or what their reasoning or justification of it was.
just learn to keep those comments inside (all the time).
2006-09-09 19:05:17 · answer #1 · answered by Anonymous · 2⤊ 1⤋
Yes it was justified.
What you did falls under most companies "harassment in the workplace" policies (or the ones to that effect). You were in a place that others heard your remark, and one of those people was of the jewish faith. The last thing your company is going to want is for that to get out and it made to look like they condone that sort of talk from their employees. Can you say boycott? Lawsuit?? Both are very scary words to companies.
They can't fire you for being a racist, as long as you keep your opinions to yourself. I know that (well, more than likely) you didn't mean the remark as a racial slur. But it doesn't look good - especially for a company that could be economically effected if that hit the papers. And don't think that a big deal wouldn't be made about such a "small" comment.
So yes - they were in their rights to fire you. The reason it took so long was the report being filed with the company so long after, and then they went to their legal team to make sure they could fire you legally. So they have already checked that out, and got the advice from a lawyer that it could happen. Don't waste the time or money.
2006-09-10 02:34:49 · answer #2 · answered by volleyballchick (cowards block) 7 · 0⤊ 0⤋
All right fine what you said was "wrong"...you reprimanded for it and did everything that was asked of you by the company...if was your first offense and never written up before or after that there is no real reason for your termination...I unfortunately live in AZ a right to work state I can get fired for sneezing (I'm not kidding anything or no reason at all has to be given) so if I was you look into the state laws and policies of the company also...normally the are channels that have to be gone through, in the same respect if the kid no longer works there, there is no grounds to stand on of making a hostile work environment...and aside sounds like there may have been another reason for it that they didn't want to say. People need to stop being so PC and just learn that because you make a derogatory comment doesn't mean that you are being hateful to the group you were directing it to, I'm sure it was said in a humorous way and not in anyway hateful, and it needs to be left at that...If you can't laugh at yourself then who can you? If anyone has a problem with that, guess what; that's your problem!
2006-09-10 02:18:19 · answer #3 · answered by Skinny 4 · 1⤊ 0⤋
If your remark wasn't directed toward your co-worker why would you write a letter apologizing? Once you put it in writing you kind of admitted to wrongdoing. If you had a company handbook going over reasons for being dismissed I would read it and then I would contact a attorney however sometimes they don't have to have a reason they can make something up if they want. I would still make them put the reason in writing and once they do its up to them to come up with the burden of proof to substantiate their reason. I know this isn't much help since you lost your job but unfortunately the laws are still flawed when it comes to Workman's rights.
2006-09-10 02:55:14 · answer #4 · answered by Kristy C 1 · 0⤊ 0⤋
Were you specifically fired for the comment, and is it documented? If you are working at a company that deals closely with customers, yes, you can be fired for derogatory remarks. Apologizing to a co-worker still means that other people who heard it can be offended.
2006-09-10 02:06:03 · answer #5 · answered by wildmlwilson 2 · 1⤊ 0⤋
when you wrote the letter of apology (at the company's request). a report should have been placed in your employee file and the matter closed-sue them. what you said was wrong and can be construed as racially insulting-but sacking you is a bit extreme especially when you complied with the company's demand for an apology. but here in the uk you cannot sue an employer for whom you have worked for less than a year unless the case is based on sexual harrassment/racial discrimination.
2006-09-10 08:17:01 · answer #6 · answered by Anonymous · 0⤊ 0⤋
I have no idea about the legal point of view but I know that ethically, if you apologize, and your apology was accepted, acceptance cannot be taken back after some moths!!!
your colleague probably carried the blackness in him all that time, and waited for the right moment to hit back...
Good luck to you, I hope you win your case.
2006-09-10 02:09:21 · answer #7 · answered by rinah 6 · 0⤊ 0⤋
Well, my friend always used to say that and it pissed me off. One day I saw the bumper sticker "My boss is a Jewish Carpenter". I totally thought they were trying to say they work for a cheap carpenter. then the whole "religious" thing kicked in and I understood it. Just thought I'd tell you that story. If you sue for your job back, and you get it, you will be treated poorly and wish you never got your job back.
2006-09-10 02:10:52 · answer #8 · answered by 1K 6 · 1⤊ 0⤋
If you live in a state that has "At will" employment you have no shot. An employer can basically fire you for basically anything. wrongful terminations suits are always hard to fight. Unless the employer fired you based on your race, regaling, sexual orientation, etc. your best best would just to file for unemployment.
2006-09-10 02:09:11 · answer #9 · answered by undercoverbrotha 2 · 1⤊ 0⤋
Sorry you lost your job.. but they were right by letting you go. would what you said been OK if the Jewish co-worker was not there? I guess you bosses felt it was your character that was in question.
2006-09-10 02:12:17 · answer #10 · answered by lynnn30 4 · 0⤊ 0⤋