My brother was terminated from his job last Friday. One of the girls was accusing him of him saying things about her to the office and warehouse personnel.
About three weeks prior to him being fired, he made a mistake on an invoice but this was cleared off... because of that problem my brother asked to be transferred to another department to avoid any conflicts with her...
This Friday, she wrote an email not to her boss, but to her boss's boss saying that she heard he was saying things about her... without hearing my brothers side of the story... he was called into the office and had a conference call with the main boss and was terminated.
Is this legal? There is no proven cause that he was indeed saying things about her? Can this be considered wrongful termination?
Thanks in advance... any help will be appreciated!
2007-01-30 05:01:25 · 7 answers · asked by ♥ Sweetpea 2 in Business & Finance ➔ Careers & Employment
Where do you live? In almost all of America, unless you have a written employment contract or a union contract with a written down grievance procedure, the rule is "employment at will" meaning you can be fired for any reason that doesn't violate federal civil rights law.
You can't be fired because of your race or sex, but if somebody just doesn't like you, because you are you, they can fire you for any reason.
Some places that aren't unionized have disciplinary procedures written down in an employee handbook and if this placed didn't follow it's own procedures your brother may be able to say, Hey why didn't I get my three warnings before I was struck out.
Of course if these people dislike him so much, he may get 3 warnings before lunch his first day back.
These people do not sound like a fun crowd. Even if you had a case the remedy is to get the job back and does he want it?
My advice is forget it. Try and find a job where the people are not so sensitive or keep your mouth shut until you know who has a thin skin and who has the power.
2007-01-30 05:21:23 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Your brother needs to seek the advice of an attorney. As a layperson, I would think that if this person is spreading untruths about your brother and that was the direct cause of the termination of his employment then I would think you have a case against the girl for slander. Also, whether it's wrongful termination might depend on whether you live in a "right-to-work" state or not. This is shaky ground and the advice of an attorney would be very helpful.
2007-01-30 05:10:49 · answer #2 · answered by jami1kenob 2 · 0⤊ 0⤋
how are you able to bypass from being a commonly used to fireside? together as you have a medical doctors word? the employer isn't required to maintain your interest open on the grounds which you do no longer qualify for interest secure bypass away. it has no longer something to do with overall performance. maximum possibly that's common protocol at your area or on your district. you artwork in Texas. you do not have an employment settlement. in case you signed something till now you have been employed, it grew to become into an employment settlement. seem it up, they're very diverse. FMLA is a federal regulation that furnish interest protection while you're off artwork on your individual severe scientific situation or that of a determine or infant. you're able to have labored twelve months for the comparable employer and a minimum of one thousand for the period of the twelve months. you do no longer qualify, you have no longer labored twelve months. (that's an and not an OR). - California does have a separate regulation stated as CFRA, that's analogous to FMLA yet you're able to artwork 6 months quite of 12. you does no longer qualify for this the two, in case you happened to be in CA. if your incapacity is touching directly to your lower back harm, you may ask for an ADA lodging. if your incapacity is unrelated on your lower back harm you does no longer qualify for ADA lodging.
2016-11-23 14:14:11 · answer #3 · answered by ? 4 · 0⤊ 0⤋
I don't really know. In Pennsylvania, a person can be terminated for any or no reason, as long as it does not fall into a protected class. You can't fire someone for being black, Jewish, old, etc, but anything else is fair game. He might want to talk to the labor board in your town for guidance.
2007-01-30 05:11:46 · answer #4 · answered by melouofs 7 · 0⤊ 0⤋
The legality is not the issue here. It is legal to fire someone without any warning if you live in an "at will" state, as long as it is not deemed discrimination (i.e. you are part of a protected class under Title VII of the CRA).
2007-01-30 05:28:09 · answer #5 · answered by Michael 2 · 0⤊ 0⤋
In job manuals and such, I have always read that you can be terminated whenever the employer feels necessary. It can seem unfair, but I'm pretty sure anyone can be fired anytime.
2007-01-30 05:09:55 · answer #6 · answered by Anonymous · 0⤊ 0⤋
yeah, it's legal. They could fire him if he looked at them cross-eyed. Somebody just didn't like him. Happened to me last month: "wasn't a good fit." I know this bi*ch didn't like me. It's really too bad, and who knows what their company policy is? A lawyer's advice would cost more than it would be worth. He needs to cut his losses and move on. It obviously wasn't the right place for him anyway. Good luck to him.
2007-01-30 05:10:43 · answer #7 · answered by Iseult 3 · 0⤊ 0⤋