This happened in California. The boss had been sending man to drive boss' wife on personal errands on company time. Man said no to boss several times. Boss keeps asking, and wife keeps contacting man, calls on cell phone, showing up at man's home. Harassment is of sexual nature. Man contacts corp. about it after a few weeks. That same day, boss says man is "released" and position is eliminated. It is also in the 90 probationary period, both boss and man were just hired about a month ago. Does the man have cause for wrongful termination? What should be done?
2007-06-17 02:58:26 · 7 answers · asked by Katherine W 1 in Business & Finance ➔ Careers & Employment ➔ Law & Legal
You can be fired for any reason during your probationary period. Saying "no" to your boss would be more than enough grounds to be "released".
2007-06-17 03:02:11 · answer #1 · answered by tricycle_pilot 4 · 0⤊ 1⤋
No, people, we cannot be fired for any reason - even in states that are at will. For example, if you were terminated for Whistle Blowing, Harassment, Discrimination, and/or any unfair business Practices then individuals have rights to protect themselves
I would suggest your friend contact the local EEO office if they are unable to speak to H.R and discuss the possiblity of Sexual Harassment and wrongful termination with them. (Sexual Harassment Claims made by men are legit, and are on the rise in America)
Make sure your friend documents everything that has occured. How many times, where, when, and what happened.
It does not matter if it were in the probationary period..
I would also suggest that this individual keep a record on his cell phone of the calls from the wife.. that alone may be some solid evidence.. besides the fact that he works for the company not the wife..
Also make sure he gets witnesses who may have seen the wife come to his home.
The elimination of the position is a "nice" way to try to get around the grounds of harassment.. what would be even more interesting if the uneliminated position were to return within a year..
2007-06-17 03:40:21 · answer #2 · answered by stellar2be 2 · 2⤊ 1⤋
The 'law' is on the worker's side, however, harassment and discrimination can be extremely difficult to prove, and the corporation does have the right to terminate workers during probationary period at any time and for any reason.
Corporate management, and the HR departments of corporations do not work to protect the individual rights of each worker - they exist to protect the company and prevent exposure of the company to lawsuits. In this case, the easiest and best way to protect the company was to eliminate the worker - not the problem.
The best thing to do now would be to move on, with painful lessons learned, to the next position. A lawsuit would undoubtedly be long, the charges difficult to prove, and the payout, if awarded, would not be substantial. Such action could seriously impact the individual's potential for getting a new position anywhere else.
2007-06-17 03:10:30 · answer #3 · answered by Piggiepants 7 · 1⤊ 1⤋
Legally the company is covered but obviously anyone looking into it can see the cause and effect. Now whether or not the fired man can prove any of that is another issue without evidence to support his side of the issue there is no case.
2007-06-17 03:03:31 · answer #4 · answered by John96 4 · 0⤊ 0⤋
Corp is legal, Boss will be gone as soon as Corp can find replacement.
2007-06-17 03:09:11 · answer #5 · answered by Anonymous · 0⤊ 0⤋
does he have proof of his complaint to the corp? If so he has a shot at wrongful termination.
2007-06-17 03:02:56 · answer #6 · answered by Anonymous · 1⤊ 0⤋
yes it is
2007-06-21 02:01:14 · answer #7 · answered by Bobo 3 · 1⤊ 0⤋