My ex and I worked in the same place and I filed for divorce and have full custody. It seems my employer is taking sides with him and have fired me as quick as the final divorce decree went through. Can they do this?
2007-08-15 03:28:26 · 11 answers · asked by poonch 1 in Politics & Government ➔ Law & Ethics
Once again the venerable hexeliebe does not know what he is talking about. To fire a female after a divorce where both partners work in the same company is an apparent case of gender discrimination. Why did they fire just the female and not both of you? You should contact your local eeoc office and speak with a local attorney regarding the total circumstances of your situation. No one here can evaluate your case completely, but it would be wise to seek further guidance based on the facts you have presented.
EDITED for Hexeliebe: Your answer did not take into account the number of employees. You only stated that she could be fired for getting a divorce and would have no recourse. She doesn't say how many employees the company has, however, if the company has fewer than 15 the EEOC would most likely refer her to her state's civil rights commission which would then investigate her complaint under state law. If she followed your advice and she does have a case, the 180 day timeline would run and she would have no recourse. If she follows my line she will at least get competent advice regarding the totality of the circumstances.
I don't know why you chose to go on here and attack the answers of others but I am not going to put up with it. Your answers are wrong more often than they are right and yet you criticize others constantly. You ask for case citations yet you never provide a single one. You claim to be an IT professional and an attorney yet you do not understand basic concepts such as personal jurisdiction.
When I e-mailed you seeking to be nice, you didn't even have the courtesy to respond. If this is where you want to have these discussions, this is where it will be. I am sure that the many others here whom you have offended will be happy to speak up also!
2007-08-15 04:53:37 · answer #1 · answered by Anonymous · 2⤊ 1⤋
Wooooow, I really think this is the longest question I've ever answered. I wanna start by saying that really really sucks. That being said I don't think you should divorce him. If he was doing so well before the arson then I don't think there's any reason to divorce him now. I really think that you two should try to work this out through therapy for both of you and anger management for him. I'm agnostic now, but I still hold some of what the Bible says dear, mainly because my parents are still together after 21 years and it's because of what they've read in the Bible. There are verses that say you shouldn't divorce unless he cheats or dies basically. I think that too many marriages fail because people divorce for reasons they could've worked through. I really believe you two can work this out, I can feel it. You guys are young, but there's no reason this marriage can't continue on a healthy path with some help. Hold on, be strong and good luck whatever you decide.
2016-05-18 03:27:56 · answer #2 · answered by ? 3 · 0⤊ 0⤋
In England and Wales, they can fire you but you can then claim against them under the Sex Discrimination Act 1975, sections 1(2)(a), 3(1)(a) and s 3A - "a person [in your case your employer] discriminates against a woman if...on he grounds of her...marital status he treats her less favourably than he treats or would treat a man." [the same would apply in reverse].
I don't know what the other factors are involved in your dismissal but on the information you have given me, I would get yourself a good solicitor who specialises in claims in employment law.
It appears that what your employer has done is direct discrimination against you. The only defence against this is a genuine occupational qualification (GOQ) exemption - this would apply for example where the job calls for a man for reasons of physiology (excluding physical strength or stamina), for reasons of authenticity in a dramatic performance, or where the job needs to be held by a man to preserve decency or privacy because it is likely to involve physical contact with men or they are in a state of undress or using sanitary facilities.
Please do not rely on this advice as being legal advice as this does not constitute legal advice. Contact a solicitor.
2007-08-15 04:36:32 · answer #3 · answered by manneke 3 · 0⤊ 0⤋
Yes, they can.
MJ3000: Post here the exact legal citation which supports your GUESS on this issue.
Marital status is NOT a protected status by the way.
EDITED TO ADD:
Well poster, you have a choice. Do as Ken intimates and face a very long lawsuit in which you will be required to prove to the court that you were fired BECAUSE you were female or look for another job.
And by the way, Ken still doesn't get it. ONLY if your company has 15 or more employees within a 75 mile radius can you sustain a suit for discrimination on the federal level.
I'm still waiting for Ken to provide any proof that he is an attorney.
2007-08-15 03:34:14 · answer #4 · answered by hexeliebe 6 · 3⤊ 2⤋
Yes, as most states are at-will employers and anyone can be terminated for any reason or no reason at all. They obviously value him more as employee than you to select to keep him over you.
Go ahead and file for unemployment and if you can prove you were not fired for just cause, you can collect unemployment while looking for a new job for the next 6 mos. in most cases.
2007-08-15 03:54:21 · answer #5 · answered by bottleblondemama 7 · 1⤊ 1⤋
This is the reason I would never hire members of the same family to work for me.
You need a civil rights attorney. Contact the ACLU and see what advice they can give to you. Probably could even steer you to a lawyer that knows what can be done.
I hope your husband wasn't the boss' son. But what the hell, you're divorced right?
2007-08-15 03:44:47 · answer #6 · answered by From Yours Trully 4 · 0⤊ 1⤋
Nobody owes you a job. If the law where you live says anything about discriminating on the basis of marital status, I'll bet it's about hiring, not firing. Anyhow all your boss would have to do is claim there was another reason.
2007-08-15 03:39:33 · answer #7 · answered by Joe D 2 · 2⤊ 0⤋
Are you in America? If so, you were certainly not fired for getting a divorce. I suspect there is a while lot more to this story that we have not been made privy to.
2007-08-15 03:34:31 · answer #8 · answered by Anonymous · 2⤊ 1⤋
No. Find a lawyer. If you can prove that this is why they fired you, you have a very good case against them. However, if the divorce has affected your work performance, they can fired you based on your decreased ability to do your job.
2007-08-15 03:36:31 · answer #9 · answered by MJ3000 4 · 1⤊ 3⤋
Yes, they can fire you because you look funny, too. As long as the reason does not pertain to your race, religion, ethnicity, or any other protected class they can do as they please. You should be able to file for unemployment successfully though.
2007-08-15 03:51:36 · answer #10 · answered by Brian A 7 · 2⤊ 1⤋