Last year I was working for a large company. I was a sales rep and found out that a coworker sold a deal in the territory I was covering. I reported this to my manager who then gave me half the commission on the deal. When the other sales rep found out he had to give me half, he started screaming at me for about 3 minutes straight, making a huge scene. I sat there and did nothing until finally I couldn't take in any longer and went into my managers office where it ended. I didn't know how to react to such ridiculous behavior, and I know if I swung at him I would have lost my job and could have been sued or something, so I did nothing. The coworker got written up by the company, but did not get fired. Well, it's a year later now, and I'm working for a different company, but when I think back on it I feel so violated and furious. Can I sue the company for not firing that man when he clearly should have been?
2007-07-02 14:55:22 · 10 answers · asked by Anonymous in Business & Finance ➔ Careers & Employment ➔ Law & Legal
Unfortunately, you really can't. There is no law against bad behavior, or half of the bosses in corporate America would be collecting unemployment. The company did take action by disciplining the employee, even if you did not feel that the action was severe enough, and they would be able to show the documentation in court to support their assertion that they disciplined him.
Disciplinary actions are tricky from a legally defensible standpoint. For example, if this guy was a long-term employee who had always received good performance reviews, the court might say, "You fired a top performer because he had a bad day? That's too harsh!" They would expect to see progressive discipline instead - a writeup for the first instance, then a stronger write-up or suspension if it happened again, and finally a termination. Most companies use a variation of the "three strikes and you're out" law when dealing with disciplinary issues.
Try to let it go and move on - people like that guy are their own worst enemies. Success is the best revenge.
Good luck.
2007-07-03 03:46:58 · answer #1 · answered by Mel 6 · 0⤊ 0⤋
Well depends on how you read that question, if your wondering if a paralegal was on trial could they handle their own case, yes, its your constitutional right to have a representative of your own choosing, including yourself. If you mean representing somebody else as a lawyer no, you have the right to choose your own representative in a court of law but that representation cannot claim to be an attorney at law/lawyer unless they are on the Bar.
2016-05-17 04:48:20 · answer #2 · answered by ? 3 · 0⤊ 0⤋
If you had contacted a lawyer right away, maybe you could have found one to take the case. But, the company you were working for did split the comission with you, and the co-worker really didn't do anything illegal. Against company policy, sure, but not against the law.
It's also a year later and you're no longer with the company where this occurred. You're probably going to have to let it go.
2007-07-02 16:02:16 · answer #3 · answered by ljh 4 · 0⤊ 1⤋
Most likely not. Even if a lawyer would take the case and you won, you wouldn't get much money. In fact unless you could prove that the incident essentially destroyed you emotionally then you have no real case.
2007-07-02 15:05:40 · answer #4 · answered by Jake in Indiana 5 · 0⤊ 0⤋
That could be a form of harrassment, and you could take it to small claims court, and normally the defendant doesn't show for small settlements. Hell, you can sue for anything these days! Look at the drycleaner-lost pants suit and the lady suing Starburst for their candies being too chewy. I mean come on!
2007-07-02 15:56:29 · answer #5 · answered by youdontneedtoknowme 5 · 0⤊ 1⤋
Unfortunately no. No illegalities in having an a** for a co-worker in more ways than one. I too would have followed the same course of action as your company. Write him up and I would have also suspended him. Let it go. You received half of the commission which is punishment enough for his dumb *** for going where he wasn't supposed to go and you are hopefully in a better work environment.
2007-07-02 15:03:19 · answer #6 · answered by Anonymous · 2⤊ 1⤋
honestly it is probably a tort of some kind that was commited by the employee. elements of a common law assault possibly or harassment or one of the infliction of emotional distress torts. but your damages are not that much so i doubt any attorney would take this case.
against the employer the case is also not on very strong ground and damages would be limited unless you suffered some physical injury.
2007-07-02 16:43:18 · answer #7 · answered by ainger452 3 · 0⤊ 1⤋
No. And I doubt a lawyer would take the case.
You'd have to prove damages before you can file a lawsuit.
2007-07-02 16:43:05 · answer #8 · answered by Rich D 3 · 1⤊ 0⤋
a normal lawyer would find no reason or purpose for this case and would most likely not take it
2007-07-02 15:52:22 · answer #9 · answered by Anonymous · 2⤊ 0⤋
Sure you can. Be prepared to plunk down
$ 1500.00 for a retainer.
2007-07-02 17:09:41 · answer #10 · answered by TedEx 7 · 0⤊ 2⤋