My husband works for the city at a convention center in SF as an attendant/event staff. Last Wednesday he worked graveyard from 10:30pm to 7am. His lunch was around 3:30am and he used that time to get a ride back to our house (which is 10minutes away) to pick up the car so I wouldn't have to pick him up later. He left my house around 4am-4:15am, and then came home from his shift later that morning at 8am. Around 10am, he was called for a meeting with the HR manager. She basically informed him that a "call-girl" came in that morning and complained that she had sexual relations with a worker and didn't get paid. They showed her pictures and she pointed out my husband. She said it happened around 3:30ish and lasted around 45 minutes. Overall, they fired him because his number was in her cell phone. But my husband left his phone charging in the lunchroom before he went to my house. I am positive this is false because i KNOW he was at my house. Can we sue for firing him with no evidence?
2007-06-05 10:49:29 · 18 answers · asked by Baba82 1 in Politics & Government ➔ Law & Ethics
Not sure if this will add on to my original question, but in a nut shell .. my husband was fired because a woman came by and said she had sex with an employee and he didn't pay her. His # was in her phone. However, I think people didn't read the last part where I mentioned that he couldn't have done this when he had a co worker drive him to my house to pick up my car during his lunch break, which was when this supposedly happened. People can't be in 2 places at once. Plus, his cell phone was charging in the locker room. There has to be something we could do .. EOD maybe? As far as evidence goes, anyone could go up to someone's boss and point them out and say he did she did this to me .. it's all hear say at the moment. But there's no evidence of any crime or any "act". I think he was set up because alot of workers think he gets special treatment b/c his parents have been there since the building opened and he just started a year ago. I need help!
2007-06-09 02:47:35 · update #1
Well, they have evidence in the form of a complaint from a witness who had come collaberating evidence. How was the number in her cell phone? That part makes me think that something happened. Maybe not that night or at the exact time but it sounds like something happened. Also, was the number in the phone as in a received call? That would mean that someone called her with your husband's phone. She was able to identify your husband and there was his number in the phone. Those two incidents did not happen by accident.
You could try to sue. It depends on if the company can get the lady of the evening to come and testify. Without her, I am not sure they have much of a case. I guess it also depends on how well all of this was documented by them. Maybe the threat of a lawsuit could get the job back or an out of court settlement. You would have to talk to a lawyer. However, in the eyes of the employer, I see that they did have evidence to back up their decision. Now, if that evidence will come to court is a different story.
The people who are point out that California is an at will state are completely right. Of course, an employer cannot fire someone for discriminating for race, religion, sex, and some other factors. I don't think your husband was discriminated against in this case. However, that does not mean you cannot sue. You can definately sue if you wanted to enough and could afford to do it and get a lawyer to handle it. That does not mean it will go far in the courts though.
2007-06-05 10:57:53 · answer #1 · answered by A.Mercer 7 · 1⤊ 1⤋
You have no options. In most states, employers have the right to fire anyone for any reason (you have the right to quit any time). Thats how it works (They are called at-will states, California is one of them). Firing someone it is not wrongful termination. That is an employer decided that an employee doesn't need to be working for him anymore.
You can always spend your money and get a lawyer and attempt to sue. But you will probably not win and if you do, you won't get much money at all. So good luck with that.
And no evidence? The girl pointed him out and her number was on his cell phone. That is decent evidence right there.
2007-06-05 10:54:48 · answer #2 · answered by Kenneth C 6 · 1⤊ 1⤋
Absolutely and you should sue for both wrongful termination as well as mental anguish.
One of the most important points to remember in your case is that your husband was on his own time and employers have no right (even though they think they do) to invade his privacy.
My advice would be to contact a number of lawyers and secure one that will only charge if you win (and you should). Stay AWAY from Lawyers that want money up-front. They are shysters!
Good luck and go get 'em!
2007-06-05 10:54:58 · answer #3 · answered by dct14300 6 · 0⤊ 1⤋
There are missing background of your case and why your supervisor or incharge came into that action. If in case you were hired on a contractual or temporary basis, management has the right to terminate your services, especially if you signed something to that effect. Your direct supervisor might have committed an error and received scolding from the Regional Manager but higher management will silently support the decision of the lower supervisor.
2016-04-01 04:12:41 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Either your husband is not being honest with you or someone disliked him enough at his former employer's to sabatage his reputation, and if that is the case, they've succeeded. Something in this story doesn't quite jibe for me. I would think there is more to it than you've been told.
You always have the option of hiring an attorney, but I'm not so sure your husband would want to expose his dirty laundry, if infact there is any, or just chalk it up to a loss and move on to the next job.
2007-06-05 10:56:11 · answer #5 · answered by sleepingliv 7 · 1⤊ 1⤋
No.
For starters, read this article:
http://www.usairwaysmag.com/2007_05/save_career.php.
Seriously. Read it.
California is an "Employment at-will" state. That means that "at will," (in other words, at any time), either the employer or the employee can terminate the employment for any reason except those that are prohibited by anti-discrimination laws.
This is why I told you to read that article I cited above. Instead of listening to these yahoos (no pun intended) who are telling you to serve papers to the employer, do yourself a favor and READ THAT ARTICLE, and save yourself a bunch of money and heartache.
2007-06-05 10:53:10 · answer #6 · answered by Scotty Doesnt Know 7 · 0⤊ 1⤋
If you can get the proof you can sue not only the company but the girl making the false allegations. She needs to be stopped and sounds like she has a grudge against your husband for some reason or other.
2007-06-05 12:09:13 · answer #7 · answered by bellslady65 3 · 0⤊ 2⤋
Yes you can but that would require proof. However I have a hard time seeing this call girl come all the way to the desk to complain about not getting paid, after all what's her motive?
2007-06-05 10:53:03 · answer #8 · answered by jay k 6 · 1⤊ 2⤋
Cell phone calls can be evidence in court, so be very sure before you spend your money with a lawyer.
2007-06-05 10:54:20 · answer #9 · answered by spiritualseeker 3 · 0⤊ 2⤋
Dang, that's rough. What if she isn't a call girl, or if she is, a friend or acquaintance of someone your hubby pissed off, and that is their sick way of getting back at him. I would try to find out a bit more, maybe do a bit of recon or whatever. I'd personally look her up and kick her a%%.
2007-06-05 11:06:21 · answer #10 · answered by carpathian mage 3 · 0⤊ 2⤋