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re: I’m being sued by a former employee

Posted on 10/16/19 at 7:41 am to
Posted by GeauxtigersMs36
The coast
Member since Jan 2018
7711 posts
Posted on 10/16/19 at 7:41 am to
That sucks. If he would of respected everyone regardless of religion he’d have a job and work for his money instead of trying to get a judge to get it for him.
My grandmother was lead through a car dealership mechanic shop. One guy backed up and hit her( she was on foot). She asked to have her medical bills paid. ( faint, dizziness etc) they said No. so she sued for her medical bills lawyer bills and about 100 grand just because the assholes made her go to court verses the right thing.
Posted by arcalades
USA
Member since Feb 2014
19276 posts
Posted on 10/16/19 at 7:46 am to
Encourage the harrassed employee to sue. Counter sue yourself
Posted by 777Tiger
Member since Mar 2011
73856 posts
Posted on 10/16/19 at 7:50 am to
quote:

Counter sue yourself


probably a joke but that's not how this works, that's not how any of this works
Posted by Centinel
Idaho
Member since Sep 2016
43319 posts
Posted on 10/16/19 at 7:51 am to
quote:

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.



This doesn't work if you're a straight white male.

Posted by jnethe1
Pearland
Member since Dec 2012
16143 posts
Posted on 10/16/19 at 7:52 am to
quote:

If he is being represented by an attorney and that attorney is taking it on contingency, then its going to cost you something. No attorney is going to take a case unless he sees himself getting something out of it. Your best bet is to settle now, which is probably what your former employee and his attorney are looking for.


Nope...

Once you settle with one, it’ll happen over and over and over again. The ambulance chasing attorneys will start hunting for any disgruntled employees because they know it’ll be a quick check. Basically, it will start a snow ball effect.
Posted by slinger1317
Northshore
Member since Sep 2005
5806 posts
Posted on 10/16/19 at 7:53 am to
I assume you are not in an at-will state?
Posted by 777Tiger
Member since Mar 2011
73856 posts
Posted on 10/16/19 at 7:55 am to
quote:

Once you settle with one,


big companies do this as a first line strategy, particularly if they are a service providing company, my company has been shelling out money to frivolous, money seeking assholes for decades just to shut them up, economics, cheaper to pay them a little to go away than risk an protracted, expensive, public law suit
Posted by jnethe1
Pearland
Member since Dec 2012
16143 posts
Posted on 10/16/19 at 7:58 am to
quote:

my company has been shelling out money to frivolous, money seeking a-holes for decades just to shut them up, economics, cheaper to pay them a little to go away than risk an protracted, expensive, public law suit


See, that’s my fear.

What’s the saying? Give them an inch, they’ll take a mile.

These idiots have no idea how harmful they are to these companies, and the overall economy.
Posted by Centinel
Idaho
Member since Sep 2016
43319 posts
Posted on 10/16/19 at 8:00 am to
quote:

These idiots have no idea how harmful they are to these companies, and the overall economy.



Yes they do. They just don't care.

Posted by 777Tiger
Member since Mar 2011
73856 posts
Posted on 10/16/19 at 8:00 am to
quote:

These idiots have no idea how harmful they are to these companies, and the overall economy.


they see it as peanuts, and a cost of doing business in the grand scheme of things, I don't like it either because I think it encourages others to give it a try, but they stopped asking for my input long ago
Posted by mikelbr
Baton Rouge
Member since Apr 2008
47463 posts
Posted on 10/16/19 at 8:01 am to
quote:


Long story short, a manager of mine was harassing an employee by calling him a gift from god while mocking his religion. When I was made aware, I fired him instantly

Yea he can't do that. Puts your whole bidness at risk of religious discrimination suit.

frick that cocky manager having balls to think he could say that shite without consequences. Leak his name here. Let's send his wife some gay porn addressed to him.
Posted by MrLarson
Member since Oct 2014
34984 posts
Posted on 10/16/19 at 8:03 am to
quote:

Yes they do


Not really. Most idiots think a business has unlimited cash on hand and they deserve part of it.

quote:

They just don't care.


That is a true statement.
Posted by ConfusedHawgInMO
Member since Apr 2014
3495 posts
Posted on 10/16/19 at 8:08 am to
You fired him instantly yet had documents for corrective action?
Posted by baybeefeetz
Member since Sep 2009
31633 posts
Posted on 10/16/19 at 8:10 am to
Uh this is evidence. Abort. And look at whether your state is a strict liability state for manager harassment.
Posted by Cold Drink
Member since Mar 2016
3482 posts
Posted on 10/16/19 at 8:14 am to
quote:

If he is being represented by an attorney and that attorney is taking it on contingency, then its going to cost you something. No attorney is going to take a case unless he sees himself getting something out of it. Your best bet is to settle now, which is probably what your former employee and his attorney are looking for.
you contradicted yourself
Posted by 777Tiger
Member since Mar 2011
73856 posts
Posted on 10/16/19 at 8:14 am to
quote:

You fired him instantly yet had documents for corrective action?


it's pretty hard to get fired from my company, easier if you a white male(not a joke,) but when a flag is raised about an individual that is out of line, the company will wait months, maybe more to allow that individual to help them build a case for termination and have a thick file waiting for when they decide to finally pull the trigger
Posted by mindbreaker
Baton Rouge
Member since Dec 2011
7632 posts
Posted on 10/16/19 at 8:18 am to
quote:

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


read this part two or three times for everyone touting how you can be fired for whatever with no consequences. Now read it again. Let it sink it good.
Posted by KamaCausey_LSU
Member since Apr 2013
14482 posts
Posted on 10/16/19 at 8:21 am to
Did you document the harassment?

eta: nm

quote:

Yes, we have documentation including write ups for corrective behavior signed by him.


You're good, probably.

Does Tigerdroppings need an HR/Legal Advice Board?
This post was edited on 10/16/19 at 8:23 am
Posted by ConfusedHawgInMO
Member since Apr 2014
3495 posts
Posted on 10/16/19 at 8:21 am to
quote:

t's pretty hard to get fired from my company, easier if you a white male(not a joke,) but when a flag is raised about an individual that is out of line, the company will wait months, maybe more to allow that individual to help them build a case for termination and have a thick file waiting for when they decide to finally pull the trigger


I get that but he said he fired him instantly when he found out. If he fired him instantly he wouldn't have previous documentation of corrective actions being in place. I'm going to assume he meant when he found out "this time" after previously warning him of what would happen if he did it again.
Posted by RealityTiger
Geismar, LA
Member since Jan 2010
20439 posts
Posted on 10/16/19 at 8:22 am to
What sucks is that the OP could be sued either way. If he didn't take action on the manager, the employee could sue on claims of hostile work environment where management turned their head on corrective action when informed of what was going on. In this particular case, they did what I would have done and fired the dumbass manager. So now they're getting it from dumbass.


Just as a sidenote people, if you're going to be managing anybody - fricking read up on the rules and guidelines of labor laws/ethics/HR type stuff. That's part of your job. You don't just walk around like Billy Badass with a title and do whatever you want and treat employees however you want. You're getting paid more to be in charge of a group of employees. So learn that part of it, too. Mocking religion, sexual orientation, race, ethnicity, etc. is all a HUGE no-no.
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