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A friend of mine was fired for a misdemeanor charge over 3 years ago. The background was that he had been employed with a company for close to 8mnths and this wasn't a problem before. He also is was a supervisor and is all from a different company. What the major thing in our minds is that he hired an employee who is a female and from the area who was always late for work and somedays pulled a no call no show. There was also suspicions that she was on some form of drugs since somedays she showed up to work glazy eyed etc... Well my friend tried to fire her a couple of times but everytime the owner of the company would bring her back. The last incident occurred with her not showing up at all and my friend telling her don't bother coming in tommorow. Well come monday his boss shows up saying he saw the police report and does not want him on the job or anyother job. Another thing is that we also know that several other employees that worked for the same company also had criminal records.

2007-01-11 13:46:09 · 5 answers · asked by dmwilson91 2 in Politics & Government Law & Ethics

Criminal records as in felonies. We just want to know if any legal action can be taken. Also this other girl employee got her job back. Up to this point my friends work preformance was up to excellent standards and even complmented by his boss and others. Also we asked for his boss to write him a letter about the reason he was fired and his boss refused. Any advice on actions?

2007-01-11 13:48:36 · update #1

sorry my spelling is completely off tonight, when i said different company i meant country but is a legal resident.

2007-01-11 13:58:22 · update #2

ok for state it is Florida. In one comment in my defense sorry if this situation has upset me a little and is hard to write every single detail in chronological order. I didn't ask to be criticized for my grammatical abilities and just asked advice. For those who are actually trying to help I greatly appreciate the advice. If you want a complete timeline please email me and I would be happy to write you one. Again thanks to those who are trying to be helpful.

2007-01-11 14:07:39 · update #3

dmwilson91@yahoo.com or iluvena12@hotmail.com

2007-01-11 14:09:20 · update #4

I also meant that he was just fired over a misdemeanor that occured over three years ago. Sorry tired and a little upset for hime:}

2007-01-11 14:19:24 · update #5

5 answers

Try the sites below for research on this legal matter. Make sure to change the State/Location in which this took place. Hope this helps.

2007-01-11 13:51:09 · answer #1 · answered by citronge69 4 · 0 0

You do not say what state you are in and that could make a big difference. In some states the law says that a person can be fired or quit and that no reason needs to be given as to why.

Other state require a reason such as false statements on an application or poor work or harassment.

It seems to me that your boss see some value in having the person that sometimes does not show up for work - since he/she did not share the reason for reinstating the 'no show' person or for why the 'misdemeanor' person was let go - there is nothing you can do about it. I do not think you will be told a reason even if you ask.

The person who was let go may want to check with an attorney and see if a wrongful termination was made in his/her case. But chances are there is nothing they they can do about it either except chalk it up to a learning experience and move on.

2007-01-11 22:01:42 · answer #2 · answered by Axel M 3 · 0 0

In all probability he won't get re-hired. His best course would be to go to the state board against discrimination. If he can prove that he was fired without cause, and that there were other employees, with equal or greater criminal records, who remained on the job, he might get a settlement. As far as the woman goes, on the surface,it looks like she was being favored, but unless you have irrefutable proof, I'd simply forget about that as a factor.

2007-01-11 21:54:22 · answer #3 · answered by Beau R 7 · 0 0

Is he in an "at will" employment state? If he is, the employer doesn't have to give him a reason but he will likely qualify for unemployment benefits if terminated for no just cause.

2007-01-11 21:53:46 · answer #4 · answered by Anonymous · 0 0

I think she's gettin frisky with the company owner

2007-01-11 22:39:14 · answer #5 · answered by ? 7 · 0 0

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