hello my husbands boss has gone doolally and for no apparent reason has booted him off her property stating that he has no respect and is always talking about her behind her back .We don't know what she is talking about as he is not guilty so we suspect foul play from someone .Anyway 3 weeks before xmas with two small kids we don't know what to do as we are in a tied house .should we fight this ? or does becoming involved in disputes sully his reference for future jobs ?
2006-12-10 00:50:50 · 13 answers · asked by pussin boots 3 in Business & Finance ➔ Careers & Employment
Fighting it could be hard depending on the state you live in, In a right to work state , or at will State an employer can fire you for any reason or not.. If your husband belongs to a union he should follow the grievance steps through the union. You may have a legal case but it takes years to resolve labor disputes. I suggest your husband file for unemployment and in the mean time write a letter to his boss apologizing for anything he may have done( some comment he made may have gotten repeated badly)
As far as future jobs go employers are only allowed to release your attendance record and basic information.. When applying for new jobs .I would have him state he left because of a conflict of interests this masks a lot of things including firing....... I have a degree in labor studies so feel free to email if you have any more facts to add
2006-12-10 01:11:46 · answer #1 · answered by susiefila 3 · 0⤊ 0⤋
It's a tough one. A principled person should make a stand when they feel they've been wronged, but in practice this is difficult and rarely makes a difference.
I took a former employer to tribunal some years ago. The whole process was incredibly stressful, and although I won, the financial recompense really wasn't worth the hassle. And to add insult to injury, my boss (who was the problem) got an enormous payoff to leave the company, and set up in a new job elsewhere.
I guess it depends on the type of organisation where your husband works. Does his boss have a superior he can go to? If it's a larger organisation, or anything allied to the public or voluntary sectors, they generally have procedures in place to deal with this kind of dispute. If it's a small, private sector employer then he's probably better off walking away and concentrating on finding something new.
Perhaps he could go and see a solicitor.; an initial meeting with an employment law solicitor (which should be free) would let him know if he has grounds to take things further legally.
2006-12-10 08:59:37 · answer #2 · answered by onefishtwofish 2 · 0⤊ 0⤋
hi first im sorry to hear that and u know if that is she the boss she might want him more then just a job or some one might have said something to the boss which might be wrong or rude so the boss had done that i would seek legal help about this for sure coz no one can do this why not think all the things been hapening in the past at work and write down on black and white and take to these companys who deal with this kind of things u must fight that is your rights i wish u all the best
xx
2006-12-13 22:36:46 · answer #3 · answered by fizz 1 · 0⤊ 0⤋
Tell him to appeal it, to dismiss someone you need to follow the correct procedure, which she clearly hasn't. Is your husband a member of a union, if he is they shouldn't have allowed this to happen. As union member however he can obtain legal support through the union, and therefore take this to a tribunal (as long as he has been in the Full-time employment of his boss for six months), which would either enforce his re-in-statement or rule in favour of unfair dismissal.
As far as references go it is illegal to give a bad reference, if an employer feels that he can't give a good reference he has to refuse to give one.
As far as being in dispute with his former employer, it is clear from what you have said that she is in the wrong.
2006-12-10 09:09:40 · answer #4 · answered by Hendo 5 · 0⤊ 0⤋
If you are innocent then I would consult a specialist solicitor (In England) who deals with industrial tribunal work and submit a claims for wrongful dismissal. Do it soon and tell him about the house too as he may be able to serve an injunction preventing them from evicting you. Also report it to Social Services and Housing at your local council. If you have children they are obliged to rehouse you. Good luck and best wishes for Christmas.
2006-12-10 09:06:33 · answer #5 · answered by quatt47 7 · 0⤊ 0⤋
He should take it to a tribunal, you could sue for unfair dismissal. That's not a good reason to sack someone as a boss you have to be prepared that not everyone will agree with your views.
You should talk to your husband find out if there is anyone he believes could have 'set him up' but definetly try and take it further.
2006-12-10 08:54:03 · answer #6 · answered by Natalie D 3 · 1⤊ 0⤋
Oh my God, how awful!
Does your hubby have a contract? Has he lost his job? If he has a contract then their should be a disciplinary procedure that must be adhered to before he can be dismissed.
As for bullying, the should also be a grievance procedure.
Also, by law, references can only be factual and are otherwise open to legal challenges.
This general info is for the UK, if elsewhere not too sure, but I truly feel for y'all and hope you get this sorted out.
2006-12-10 09:08:52 · answer #7 · answered by Cale 2 · 0⤊ 0⤋
DONT listen to that idiot who just answerd. ( Spaceman)
Is your husband part of a union? if he has worked there for a year, you can get them on unfair dismissal. If he is part of a union, speak to them as soon as possible.They cant just sack you for nothing. Also,Im unsure on the ins and outs of employment law, but has he been in meetings before? what i mean is, has he been repremanded in the past? is it logged and did he have witnesses? I really wish you all the best in fighting this, (yes, you should fight it), and I truly hope that something is sorted. Also, it is illegal (this i know for sure), to give a bad reference , however they can refuse to give a reference.
2006-12-10 08:57:52 · answer #8 · answered by brunelscooby 4 · 2⤊ 0⤋
Are you in the uk? if so they haven't followed the correct dismissal procedure. This makes it automatically unfair dismissal and so he would win an employment tribunal. If you threaten this they may settle out of court with a compromise agreement which you can agree a reference with them as part of the deal.
2006-12-10 09:00:41 · answer #9 · answered by delphi13 3 · 0⤊ 0⤋
I say fight for what's yours, definitely. But what's "doolally" and how do you mean "booted him off her property" (what kind of work arrangement did he have?) And what is a "tied house"?
2006-12-10 08:55:13 · answer #10 · answered by martino 5 · 0⤊ 0⤋