Is this considered wrongful termination?

Question

So I have an aunt who has been working as a housekeeper for a hotel chain for 23 years. She has never had problems or an altercation w/ employees, bad behavior, or problems w/ her supervisors, managers, etc. A new supervisor was assigned to her department about 6 months ago and she's pretty hostile. Last this supervisor was in a bad mood. After my aunt finished her rounds of cleaning over 22 rooms, the supervisor went to check the rooms and suggested a minor probs w/ the way the job was done. Called my aunt a "stupid B***C" and told her to get back to work. My aunt asked her to repeat herself and again she called her a "stupid B***C". In response my aunt called her and her whole family a B***C. A security guard who over heard them asked my aunt if she was okay...my aunt said "no, i'm not okay". The met with the GM and who also got cussed out by the supervisor and he fired on the spot. My aunt was asked to get back to work..she finished her rooms and on her way out (continued below)

the houskeeping manager stopped her and said just call us on Friday..if you are on the schedule then come in and if you are not on the schedule then we will mail you all of your belongings.
If your manager or supervisor verbally attacks you and you respond w/ a verbal attack. Can both of you be fired? Even after 23 years of service and a clean record? What's up with that? They told her that it's the hotel chain's law that if two employees are involved in an altercation..they both get fired. So does that mean she will get fired either way..responding or not responding? Is this wrongful termination?

Answer 1

If this is a large hotel chain, they have their policies regarding employee termination in print and your aunt would have signed this document, stating that she was aware of and accepted the policies of the company. (She would most likely not be able to continue working unless she signed such documents). This document could be something as simple as the employee handbook. Further, updates for policies are common, and human resources would make sure that your aunt did indeed sign this document. Even though she was hired 23 years ago, she has all these documents in her file.

If the policy clearly dictates that two employees involved in an altercation will result in immediate termination of employment, then your aunt may have little ground to stand on.

However, the upside is that she has been there for an extremely long period of time ... and by now she is most likely at the top of her pay scale and further, she is no spring chicken. In the ever greedy world of corporate finances, she is a cost prohibitive employee. They can easily get someone cheaper and younger, right?

Therefore, she does have that going for her. She needs to contact a lawyer or even the ACLU if she feels that there might be merit to the age discrimination possibility. There is a strong possibility that she may get her job back, if she so desires. I have seen it happen before.

Good luck to her.

Answer 2

I believe that you aunt has an excellent case of "wrongful termination" against the hotel.

She should contact the Hotel Manager and ask for an appontment to discuss her termination. What she should do is: (a) bring along a witness, (b) ask for the reasons to be spelled out in writing, (c) request a copy of the Policy pertaining to employee confrontations and workplace harassment, including "hostile work environment", and the last date that harassment training was given as well as who was present, (d) request that the material be in the mail before the end of the day, but no later than the following day (e) before she leaves, get the name of the Vice-President, Human Resources for the chain, and the address/ phone number.

If any of these "reasonable requests" are refused, she should write a letter to the Hotel Manager, and the VP HR. requesting the same informantion, send them "Certified, return receipt requested". Obviously, she should keep a copy for future reference.

In the meantime, she should write a description of the incident, who, what, where, when as well as the names of witnesses to the incident (security guard) and anyone in the GM's office witnessing the supervisor's outburst against the GM, and the GM's response (termination of the supervisor).

If she does not get a response within a reasonable amount of time - at least two weeks after the receipt is returned - then contact an employment attorney (check with the local bar association for some names).

Answer 3

My suggestion is for your aunt to file a formal complaint with Human Resource / Personnel, because there's definite grounds for a major harassment lawsuit.

NO employee deserves being cursed at, and HR departments take these things very seriously. However, your aunt made the mistake of lashing back with the same comment, which doesn't make her look good. But given the circumstances, who could blame her.

I'm very sure the HR department will deal with this very quickly and wants to avoid any legal troubles here. She can also contact the EEOC (Equal Employment Opportunity Commission) to file a complaint.

Answer 4

that manager was in the wrong, but your aunt really ruined her case when she returned the verbal attack. she's probably better off finding another position any other hotel would swoop her up with that much experience. She should not use the current supervisor as a reference though (find a past or a co-worker).

Answer 5

yes. she could be fired for pretty much whatever they want to fire her for in the states. most have "at-will employment" which means you can quit any time for any reason and they can let you go at any time for any reason. the only thing they can't deny you employment for are discrimination related. sex, religion, race etc... she probably shouldn't have responded the way she did. although, i'm sure i would have too. i wouldn't think it was worth it to work in such a place. she could try to speak with the general manager and explain her case. i mean, 23 years with no problems might speak for something, you know? plus, these were bad circumstances. maybe they could discipline her in some other way, like a suspension or something? i would suggest she talk with them.

Answer 6

I believe it is. And that supervisor is on a power trip and needs to be stopped. Eventhough your aunt told her the samething, I dont hitnk it would matter too much b/c like u said she had a clean record.
I would get legal advice from a lawyer and see what can be done.

Answer 7

Refer to the EEOC website at eeoc.gov- it is a wealth of information . You can even see summaries of cases brought before them. Wrongful termination is very hard to prove in court unless you have some basis for a discrimination claim (such as harrassment or age discrimination).

Answer 8

It's not illegal to have this policy, but it isn't good business to terminate both parties who are involved in an argument. Especially someone who has been there a while like your aunt. If they fire her, they will have to spend time and money retraining someone else.

Answer 9

She shouldnt have said anything. Yes it seems harsh, but you cant fire one person and not the other for doing the same thing. If she honestly believes she was wrongly terminated then she should file a claim and apologize saying she overreacted (only if she honestly believes this though) They will review her claim and address it properly.

Answer 10

She cussed out her supervisor, in a hospitality industry. Sounds like a rightful termination to me. "she did it first" is not acceptable.