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Chances of winning a wrongful termination lawsuit?

Posted on 9/5/17 at 11:42 am
Posted by Paige
Vice President of the OT
Member since Oct 2010
85640 posts
Posted on 9/5/17 at 11:42 am
someone I know was fired after an sjw started a fb witch hunt accusing her of being racist (she has a mixed child) and calling for her job

does she have a shot or are these a joke?
Posted by Pettifogger
I don't really care, Margaret
Member since Feb 2012
87748 posts
Posted on 9/5/17 at 11:43 am to
they're hard

who has the mixed kid, the fired lady or the SJW?
Posted by 50_Tiger
Arlington TX
Member since Jan 2016
43551 posts
Posted on 9/5/17 at 11:43 am to
Depends on if the state she works at is a free to work state.
Posted by fareplay
Member since Nov 2012
6626 posts
Posted on 9/5/17 at 11:43 am to
Post fb to review the case
Posted by upgrayedd
Lifting at Tobin's house
Member since Mar 2013
139229 posts
Posted on 9/5/17 at 11:44 am to
SJW-ing.....





Posted by Scooba
Member since Jun 2013
20027 posts
Posted on 9/5/17 at 11:44 am to
Posted by Paige
Vice President of the OT
Member since Oct 2010
85640 posts
Posted on 9/5/17 at 11:45 am to
The one who was fired

50, yeah she works in LA
Posted by dave11
new orleans
Member since Jan 2004
665 posts
Posted on 9/5/17 at 11:45 am to
I think you mean "right to work," and no, no it does not depend on that. Right to work is related to union membership. Employment at will is related to ability to fire someone for any reason, unless of course, that reason is illegal, such as racial discrimination.
Posted by stout
Porte du Lafitte
Member since Sep 2006
184600 posts
Posted on 9/5/17 at 11:45 am to
What state? Unless she is "protected" because of a disability or something, it's going to be a longshot
Posted by 50_Tiger
Arlington TX
Member since Jan 2016
43551 posts
Posted on 9/5/17 at 11:46 am to
quote:

I think you mean "right to work," and no, no it does not depend on that. Right to work is related to union membership. Employment at will is related to ability to fire someone for any reason, unless of course, that reason is illegal, such as racial discrimination.


Correct.

Can the business not say they fired the employee due to possible negligence and misrepresentation?
Posted by Lakeboy7
New Orleans
Member since Jul 2011
28324 posts
Posted on 9/5/17 at 11:50 am to
quote:

being racist (


quote:

(she has a mixed child


Hmm

Louisiana is an "at will" state, your employer can fire you if they dont like the part in your hair.
Posted by lsu480
Downtown Scottsdale
Member since Oct 2007
92903 posts
Posted on 9/5/17 at 11:52 am to
Why was she called racist? Was there any evidence?
Posted by StealthCalais11
Lurker since 2007
Member since Aug 2011
12555 posts
Posted on 9/5/17 at 11:53 am to
Paging SFP
Posted by dfintlyHmmrd
Jigga City
Member since Dec 2016
1408 posts
Posted on 9/5/17 at 11:54 am to
quote:

Can the business not say they fired the employee due to possible negligence and misrepresentation?


Yes they could, if people are complaining to the business about an employee, that would give them justification to fire the employee. Her actions caused people to look unfavorably upon the business due the perceived poor caliber of employees they hire.
Posted by Paige
Vice President of the OT
Member since Oct 2010
85640 posts
Posted on 9/5/17 at 11:55 am to
I guess I won't burst her bubble

I wish the sjw would somehow get in trouble though
Posted by RummelTiger
Official TD Sauces Club Member
Member since Aug 2004
94022 posts
Posted on 9/5/17 at 11:56 am to
quote:

Depends on if the state she works at is a free to work state.


That does not absolve you of racism. Now, could you fire someone because you don't like their shirt...yes. It might not be a good reason, but its legal.

Paige, there usually has to be a pattern of this type of behavior to win. That said, a lot of companies will settle to avoid the lawsuit.
Posted by Paige
Vice President of the OT
Member since Oct 2010
85640 posts
Posted on 9/5/17 at 11:57 am to
She posted a meme on fb with the n word that ends in an a. She thought it was funny

The sjw has known her since kindergarten and knows she's not racist
Posted by LSUGrrrl
Frisco, TX
Member since Jul 2007
46437 posts
Posted on 9/5/17 at 11:58 am to
They aren't easy but it's impossible to know if there is a basis for a case (or even enough to make HR nervous) based upon that very limited info.
Posted by Tiger Prawn
Member since Dec 2016
26339 posts
Posted on 9/5/17 at 11:59 am to
quote:

I wish the sjw would somehow get in trouble though


Sue the SJW for libel?


ETA: Just saw this part

quote:

She posted a meme on fb with the n word that ends in an a. She thought it was funny


Your friend is screwed, no chance of her winning now. This round goes to the SJW and your friend got a costly lesson in being careful in what you post on social media.
This post was edited on 9/5/17 at 12:27 pm
Posted by RummelTiger
Official TD Sauces Club Member
Member since Aug 2004
94022 posts
Posted on 9/5/17 at 11:59 am to
Did she post it from a company computer on company time?
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