my husband/his dad was his boss. My husband fired him because he showed up only when he wanted and always 15 minutes to 2 hours late, with no excuses except "well you know how I am" anyhow my husband finally fired him after 3 years. Now my son is suing the company for "wrongful discharge" because he wasn't warned in writing. We live in Michigan, which I know is a "right to work" state. So how come a lawyer actually took his case?
2007-09-19 23:16:58 · 4 answers · asked by ladydaisy 4 in Business & Finance ➔ Careers & Employment ➔ Law & Legal
My husband doesn't own the company. But he is the boss of the whole company and every aspect of the business (lol except the check book) and no, I don't own the company either.
2007-09-19 23:21:33 · update #1
he has all the timesheets, but what I am really wondering is... how come a lawyer ACTUALLY took the case when there is no chance of winning?
2007-09-19 23:54:25 · update #2
Sounds like the lawyer is taking your sons money to me. I'm sure they will get paid a certain amount no matter if they win or not. So really what do they have to lose?
Although in Nebraska you have to be warned in writing before you can be fired or you can collect unemployment. So here there are always clear guidelines of your late X amount of times you get a warning.... Late again your terminated. Every single job in Nebraska I've held since I was 15 has had clear cut guidelines of this nature. No one would just fire you. There is always a process.
To make this go away and make you not have to hire an attorney and waste your funds. I would suggest hiring your son back. Giving him clear cut guidelines. Tell him this is the process you violate it your fired. Then no one would take his case! Saves you money and him.
2007-09-20 07:30:06 · answer #1 · answered by MelancHolly 4 · 0⤊ 0⤋
Wrongful discharge is a case only if he were fired due to his sex, national origin, etc. Being fired for poor attendance is not considered wrongful discharge. The lawyer who took the case is either a really bad attorney, or a greedy one who will milk your son.
2007-09-20 09:15:20 · answer #2 · answered by leysarob 5 · 0⤊ 0⤋
I believe Michigan is an "employment at will" state and employees can be terminated at will.
It appears that your son was justy terminated for not be able to get to work regularly and on time.
The lawyer is just taking your son's money.
2007-09-21 01:49:38 · answer #3 · answered by Squat1 5 · 0⤊ 0⤋
Habitual tardiness on the job would be grounds for termination. Time sheets for proof?
2007-09-20 06:26:45 · answer #4 · answered by reynwater 7 · 1⤊ 0⤋