LegalMatch Free Legal Advice Forums     
Find A Lawyer Now!
Legal Forum

Go Back   LegalMatch Free Legal Advice Forums > Employment and Labor Law Forum > Wrongful Termination
User Name
Password Register
FAQ Members List Calendar Search Today's Posts Mark Forums Read


Find a Lawyer Now By Category:
Family & Divorce Criminal Defense Job & Employment Personal Injury
Real Estate Lawyers Immigration Business Lawyers Other Lawyers
Be assured that LegalMatch is Fast, Free and Confidential
Not Ready To Hire an Expert Lawyer? Get Online Legal Documents
Reply
 
LinkBack Thread Tools Display Modes
  #1 (permalink)  
Old 09-28-2007, 11:32 PM
Junior Member
 
Join Date: Sep 2007
Posts: 4
Default need advice bad

My husband was fired from work due to the fact that they said "He brings his girlfriend to work and she causes problems" he doesnt give anyone a ride into work. There is an x-employee that works there that gets a ride in from her boyfriend who harasses him at work several times. This has caused emotional trauma for my family. he was fired wrongly cause it wasnt his girlfriend but another guys girlfriend that works there. Is there anything we can do? I am going there monday to talk to them myself.
Reply With Quote
  #2 (permalink)  
Old 09-29-2007, 03:35 AM
Senior Member
 
Join Date: Nov 2006
Posts: 1,630
Send a message via AIM to GentleGrace
Default

Quote:
Originally Posted by pixie_dust View Post
My husband was fired from work due to the fact that they said "He brings his girlfriend to work and she causes problems" he doesnt give anyone a ride into work. There is an x-employee that works there that gets a ride in from her boyfriend who harasses him at work several times. This has caused emotional trauma for my family. he was fired wrongly cause it wasnt his girlfriend but another guys girlfriend that works there. Is there anything we can do? I am going there monday to talk to them myself.
Sorry--I had to laugh when I read this--NOT because of the firing ( obviously a difficult and trying event ) but because of YOUR presumption that your marching down there like your husbands MOMMY is going to do anything more than humiliate him in front of his employer and coworkers.

If people who are with your husband while you are not say there is a woman who comes to work and harasses, disrupts the work place, etc--and your husband denies it---obviously, someone is straying from the truth. I don't think the *** of the person doing the "bothering" is particularly relevant. Is it your position that this is a case of mistaken identity? If so, have your HUSBAND address it to the proper person--and stay OUT of it. Nothing undermines a man ( or woman, for that matter ) than a spouse barging in on something they should, as an adult, be able to handle on their own. It reflects badly on your husband at a time when he needs, more than ever, to represent himself well.

Most states are not right to work states. This means the employer doesn't have to give ANY reason for firing an employee. If your state is one of those states, the reason he was fired if, unfortunately, irrelevant.

If your husband wants his job back, the best thing he can do is approach his employer with the right attitude---without you there--- a wife barging in demanding yada yada is the death knell. Stay away, let him handle it--oh, and check into the "girlfriend" angle.
Reply With Quote
  #3 (permalink)  
Old 09-29-2007, 08:35 AM
Senior Member
 
Join Date: Nov 2006
Posts: 462
Default

Quote:
Originally Posted by pixie_dust View Post
My husband was fired from work due to the fact that they said "He brings his girlfriend to work and she causes problems" he doesnt give anyone a ride into work. There is an x-employee that works there that gets a ride in from her boyfriend who harasses him at work several times. This has caused emotional trauma for my family. he was fired wrongly cause it wasnt his girlfriend but another guys girlfriend that works there. Is there anything we can do? I am going there monday to talk to them myself.
If you & your husband live in an "at will" employment state, an employer can hire and fire at will, as long as the reasons are not illegal (discrimination, for example) and in some states, as long as they followed their company procedure. Your husband as the former employee should be the one questioning the circumstances of his termination, in my opinmion. I'd suggest he contact the parties responsible for his termination, preferably in writing, to have the reasons stated. Check with your local labor board first to verify your state's current employment statutes and then if you feel you have sufficient reason to pursue a wrongful termination suit, contact an employment attorney. You need to be aware (as I'm sure the attorney will advise you) that it's not easy to prevail in this type of suit, depending on where you live, can take several years to resolve and can get quite expensive.

This isn't the time to "wade in" with your husband's former employer, in my opinion. It may be possible for him to arrange for a meeting with the parties (I'd strongly suggest there be at least 3 people present & he take notes during the discussion. I'd also suggest he request a formal notice of termination at that time as well.) Based on that outcome, the 2 of you can then decide whether or not to proceed. I've found it usually helps to get as many facts as you can in hand before making a decision .. in this case, it certainly couldn't hurt. Just a thought.

Good luck.
Reply With Quote
  #4 (permalink)  
Old 10-01-2007, 12:24 AM
Junior Member
 
Join Date: Sep 2007
Posts: 4
Default

but i read in the labor law books that it is the employers responsibility to protect workers from other employees or people on the property. protect them from harrassment, assualt ect. ect. I know who it is its not gf wise either its my husbands best friend who brings his chick to work and she tries to talk to mine on his breaks. The only reason i was going to go was because there is a conflict of two differnt reasons one person said it was bad boxes the other this whole gf thing. I didnt say I was going to barge in and demand anything I just said I was going with him. To find out why there was two differnt reasons.
Reply With Quote
  #5 (permalink)  
Old 10-01-2007, 06:05 AM
Senior Member
 
Join Date: Nov 2006
Posts: 1,630
Send a message via AIM to GentleGrace
Default

Quote:
Originally Posted by pixie_dust View Post
but i read in the labor law books that it is the employers responsibility to protect workers from other employees or people on the property. protect them from harrassment, assualt ect. ect. I know who it is its not gf wise either its my husbands best friend who brings his chick to work and she tries to talk to mine on his breaks. The only reason i was going to go was because there is a conflict of two differnt reasons one person said it was bad boxes the other this whole gf thing. I didnt say I was going to barge in and demand anything I just said I was going with him. To find out why there was two differnt reasons.
Which book--which page--? I have never heard of such a thing.

While I have heard of creating a non-hostile work environment, it isn't the same as what you are describing.

This, honestly, sounds like the page out of a soap opera. Bottom line--forget the girl friend, yada yada.... unless you live in a right to work state, the employer can fire for ANY reason, or, in fact, NO reason. You don't have to be given ANY explanation besides, "YOU ARE FIRED."

I believe your being there for any reason is inappropriate and sends the message that your husband cannot handle his own affairs ( small pun intended). Perhaps your time would be better spent in assisting him look for gainful employment instead of pouring time and effort into something he isn't entitled to have--an explanation.
Reply With Quote
  #6 (permalink)  
Old 10-01-2007, 06:06 AM
Senior Member
 
Join Date: Nov 2006
Posts: 462
Default

Quote:
Originally Posted by pixie_dust View Post
but i read in the labor law books that it is the employers responsibility to protect workers from other employees or people on the property. protect them from harrassment, assualt ect. ect. I know who it is its not gf wise either its my husbands best friend who brings his chick to work and she tries to talk to mine on his breaks. The only reason i was going to go was because there is a conflict of two differnt reasons one person said it was bad boxes the other this whole gf thing. I didnt say I was going to barge in and demand anything I just said I was going with him. To find out why there was two differnt reasons.
You'd have to document the occasions you've mentioned and any instances of harrassment, assault, etc. Check your state's labor laws and again, I'd get the reasons for the termination in writing (in the meeting, if at all possible.) Since you haven't mentioned serious lapses in management from your post, I don't see much reason to pursue litigation based on wrongful termination but I would encourage your husband (as the former employee) to try and resolve the misunderstanding, regardless of whether he's hired back. If more information comes out of that meeting and he's still not convinced, talk to either your labor board or an attorney.

Good luck.
Reply With Quote
  #7 (permalink)  
Old 10-01-2007, 09:17 AM
Senior Member
 
Join Date: Nov 2006
Posts: 1,630
Send a message via AIM to GentleGrace
Default

Far be it from me to point out the obvious---but if you aren't entitled to a reason as to WHY you were fired ( not a right-to-work state) then I'm gonna go out on a limb and guess you aren't entitled to a reason in WRITING either.

No employer with an ounce of self preservation in their bones would put into WRITING anything, especially since they aren't compelled to by law. Nothing like handing a disgruntled employee something a skilled attorney can scrutinize, analyze and twist around to use as grounds for a civil lawsuit.

Follow the logic--if you can be fired WITHOUT NOTICE for ANY REASON, asking for a REASON in writing seems like an exercise in futility at best, and contrary to popular misadvice, you AREN'T entitled to anything in writing.
Reply With Quote
  #8 (permalink)  
Old 10-01-2007, 11:00 AM
Junior Member
 
Join Date: Sep 2007
Posts: 4
Default

lawsuits under state common law tort claims like assault and battery, negligent hiring and retention of an unfit employee, as well as claims for emotional harm. Its all good anyway like i said allready it was all a misunderstanding and as of today its being takin care of.

Last edited by pixie_dust : 10-01-2007 at 11:06 AM.
Reply With Quote
  #9 (permalink)  
Old 10-01-2007, 04:39 PM
Senior Member
 
Join Date: Nov 2006
Posts: 462
Default

Quote:
Originally Posted by pixie_dust View Post
lawsuits under state common law tort claims like assault and battery, negligent hiring and retention of an unfit employee, as well as claims for emotional harm. Its all good anyway like i said allready it was all a misunderstanding and as of today its being takin care of.
Okay..I have to ask: does "being taken care of" mean your husband still has his job?
Reply With Quote
  #10 (permalink)  
Old 10-01-2007, 09:08 PM
Junior Member
 
Join Date: Sep 2007
Posts: 4
Default

well this afternoon we thought he did, they made him drive all the way up there to talk to the supervisor then told him he would start back either later today or tomorrow then called and said ok now just isnt the right time but sorry for the missunderstanding will give you a really good refrence.
Reply With Quote
Reply


Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

vB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On




All times are GMT -7. The time now is 12:51 AM.

Find a Lawyer | Attorney Search by City/State | Law Library
Estate Lawyers | DUI-DWI Lawyers | Divorce Lawyers | Criminal Lawyers
Expungement Lawyers | Business Lawyers | Government Lawyers | Family Law Lawyers  
Real Estate Lawyers | Employment Lawyers | Bankruptcy Lawyers | Foreclosure Lawyers 
Personal Injury Lawyers | Child Support Lawyers | Child Visitation Lawyers | Child Custody Lawyers 
Immigration Lawyers | Landlord/Tenant Lawyers | Defective Products Lawyers | Christian Attorneys
Attorney Referral Services | Intellectual Property Lawyers | Bar Association Lawyers

Attorney Advertising | Law Firm Financing
LegalMatch Reviews | LegalMatch Forums | LegalMatch Family Lawyers | LegalMatch PR
LegalMatch in Austin | LegalMatch Life | LegalMatch Affiliate Program


Powered by vBulletin® Version 3.6.4
Copyright ©2000 - 2009, Jelsoft Enterprises Ltd.
SEO by vBSEO 3.1.0
Copyright ©1999-2008 LegalMatch. All rights reserved. LegalMatch®, the LegalMatch
logo, and the tradedress are trademarks of LegalMatch. Patents Pending.