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re: I’m being sued by a former employee
Posted on 10/16/19 at 5:24 am to TigerOnTheMountain
Posted on 10/16/19 at 5:24 am to TigerOnTheMountain
Some of these kind of suits are generated if you are providing more information on reference checks than the dates of employment and title.
“Is Ali Akbar eligible for rehire?”
I’m sorry, company policy limits reference checks to dates and job duties.
More than that slides off into the murkiness of impacting ability to work and perhaps slander accusations
Much cleaner and simpler to let life go on and limit reference info released under all circumstances, even if their potential employer submits a signed release.
“Is Ali Akbar eligible for rehire?”
I’m sorry, company policy limits reference checks to dates and job duties.
More than that slides off into the murkiness of impacting ability to work and perhaps slander accusations
Much cleaner and simpler to let life go on and limit reference info released under all circumstances, even if their potential employer submits a signed release.
0
Posted on 10/16/19 at 5:25 am to Spankum
quote:
member of a protected class
Minority? Female?
Posted on 10/16/19 at 5:54 am to The Torch
quote:You made a vague blanket statement and it’s inference is incorrect.
If you were in Texas "a right to work state", they would tell him to pound sand.
An employer can fire you at any time without cause
CAN a Texas employer fire anyone at anytime?
Certainly.
But in some of those cases the former employee can be legally entitled to damages & other compensation.
Posted on 10/16/19 at 6:00 am to RummelTiger
quote:
This is horrible advice.
You are wrong. This has nothing to do with the firing being justified. OP is either going to pay his attorney big bucks to defend a frivolous lawsuit or a smaller amount for the former employee to go away. His choice.
Posted on 10/16/19 at 6:02 am to TigerOnTheMountain
Your posts on this subject will be properly discoverable in the litigation. Just FYI. And once they have your user name, I’m sure they’ll search for other posts connected to your treatment of employees and/or views on protected classes (assuming the manager is a member of one).
Posted on 10/16/19 at 6:03 am to The Torch
quote:What does "right to work" have to do with this? Are you just talking out of your arse?
If you were in Texas "a right to work state", they would tell him to pound sand.
quote:Theoretically, subject to some very important exceptions.
An employer can fire you at any time without cause
This post was edited on 10/16/19 at 6:05 am
Posted on 10/16/19 at 6:04 am to Spankum
quote:
either of you can sever the relationship any time you want.
In theory.
In practice it is trickier.
Posted on 10/16/19 at 6:05 am to dirtsandwich
No they won’t search for this shite.
Attorneys are lazy AF and seek cases where a roasted chicken just flies in their mouth.
Attorneys are lazy AF and seek cases where a roasted chicken just flies in their mouth.
Posted on 10/16/19 at 6:11 am to The Torch
quote:
employer can fire you at any time without cause
Can’t give a reason though... best out is to just fire them and say nothing
Posted on 10/16/19 at 6:31 am to lepdagod
quote:
Can’t give a reason though... best out is to just fire them and say nothing
This
Never give a reason, just let the person go and go on with your business.
For some reason people always want to say what they want when letting an individual go and that costs you.
Always have a witness in the office and end it quick. And don't talk to other workers about it.
Posted on 10/16/19 at 6:32 am to TigerOnTheMountain
The good news OP, is that defense counsel loves when clients go online to spout off.
Posted on 10/16/19 at 6:42 am to TigerOnTheMountain
Probably shouldn't be talking shite about your suit on the internet.
Posted on 10/16/19 at 6:42 am to baldona
I will add that OP and his company had better of conducted some sensitivity training for his staff. If former employy has copies/access of his quarterly/annual reviews to demonstrate he exceeded job requirements, but was still fired with no sensitivity training, then OP is fricked.
As I posted earlier, no attorney will take a case unless he thinks he can win or get a settlement. OP thinking he is fine shows he is in over his head. Good luck.
As I posted earlier, no attorney will take a case unless he thinks he can win or get a settlement. OP thinking he is fine shows he is in over his head. Good luck.
Posted on 10/16/19 at 6:47 am to TigerOnTheMountain
Right to work state you will be fine
Posted on 10/16/19 at 6:51 am to TigerOnTheMountain
quote:
The fired manager is now suing me and our family business for wrongful termination
I'm not impressed. My business is in Louisiana. I've had employees file for unemployment while they were still working for me and I still lost the appeal
Posted on 10/16/19 at 6:58 am to Cracker
I was an employment attorney in a former life. “Right to work” has nothing to do with your ability to fire someone. It has to do with whether an employee has to pay dues, etc for union representation if he or she does not want to be part of a union that has been elected.
Most states are employment at will states, meaning the employer can terminate an employee for any reason or no reason, as long as the reason is not an unlawful reason.
OP, why does the former employee allege he was fired? If it is not based on a protected characteristic (race, sex, age, religion, etc), then his case is weak. Believe me, there are many plaintiff attorneys who take on extremely weak cases in the hopes of early resolution.
Most states are employment at will states, meaning the employer can terminate an employee for any reason or no reason, as long as the reason is not an unlawful reason.
OP, why does the former employee allege he was fired? If it is not based on a protected characteristic (race, sex, age, religion, etc), then his case is weak. Believe me, there are many plaintiff attorneys who take on extremely weak cases in the hopes of early resolution.
Posted on 10/16/19 at 6:59 am to TigerOnTheMountain
quote:
I just can’t believe this guy was employed with us for so long and it took as long as it did to get to my desk.
ETA:
Almost embarrassed that we hired and trusted someone who thinks this kind of behavior is appropriate and acceptable
I mean, this is the kind of shite that everyone understands ruins careers, right?
Sounds like you baws should stop hiring people from the OT.
Posted on 10/16/19 at 7:16 am to ronk
quote:
Don’t laugh just yet.
yeah, you won't be laughing when the legal bills pile up, even if the suit is a frivolous one you still have the pay for vigorous representation to defend it, hassle and expenses will likely be more than the individual bringing the suit, particularly if he finds an attorney to take the case based on contingency
Posted on 10/16/19 at 7:19 am to The Torch
quote:
If you were in Texas "a right to work state", they would tell him to pound sand.
quote:
An employer can fire you at any time without cause
untruer words have never been spoken
Posted on 10/16/19 at 7:32 am to The Torch
quote:
An employer can fire you at any time without cause
Nah, all someone has to do is lawyer up and say it was based on race or their sex. Then it's up to the business to prove it wasn't.
In my experience, nothing comes of these. But you are still ponying up the billed hours from your legal team.
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