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Does my brother have a wrongful termination case?
My brother got a job at a place baking stuff over night.he was trained in one location then moved to another.About 2 weeks ago ,about a week into working in the new location, the guy he was working with started yelling at him because he did something they way it was done at the other place.The guy was like how stupid are you when are you going to get it right.So the guy grabbed him by the shirt and dragged him out side and keep yelling.My brother says he did yell back but the guy keep trying to get my brother to hit him.which he didn't.All this happened in front of a manger who did nothing.My brother called a different manger who told him to go home.the next day she called and said she hoped they could handle this with out getting anyone involved.They moved him back to the other store..And keep the other guy at the other one and said they gave him a finale warning.then this week the tried cutting his a hours and when he complained they said don't bother trying to get a lawyer that one wouldn't help.that no one would corroborate what he said and that the cameras where pointing the other way.after saying this the gave him his regular hours.the next day the switch one day and took the other away.then when he went in tonight the fired him.Should he get a lawyer and try for wrongful termination and dangerous work place seen as how the keep the other guy? plus shouldn't assaulting another employ be automatic grounds for dismissal?
Thank yous for your answers.I understand now that this doesn't fall under wrongful termination.How ever those who said he was fired because he did something wrong I do not agree.He had no other problems the entire time he was there and was not fired for making mistakes.
Yes the other employee is more experience. And from what my brother was told by other people they guy was hard to work with, going through a divorce and living in his car.This person took his anger out on my 5 foot nothing 120 lb brother.And when he told management they dis-sided to keep the more experience employee and weed out my brother.
He did not go to the cops because they asked him not to and my brother needed the job.So he did what they wanted and then they still fired him.And he is 30 so no he is not some whiny kid.
6 Câu trả lời
- Little PrincessLv 76 năm trướcCâu trả lời yêu thích
Nope. Businesses need very little reason to fire someone. Only if your brother were part of a protected class would they have to be careful about how they fire him.
The best he can do is claim that he wasn't fired for cause and collect unemployment until he finds another job.
- Artemis AgroteraLv 76 năm trước
This wasn't wrongful termination.
He wasn't fired because of his race, gender, religion, sexual orientation, disability, etc.
He is an at will employee. This means they can fire him for any reason or no reason at all. Your brother did not handle himself properly or professionally - even if the other employee shouted at him, this was no excuse for your brother to shout back. (The smart thing for him to have done would have been to shut up and LEARN. You and I both know that he mouthed off, right?)
He was a new employee - which means he has very little value to the company. The other employee is obviously much more experience - which means the company is going to be more inclined to keep him.
If your brother believes he was physically assaulted, he can certainly call the police and make a report. But the employer has the absolute right to decide who works for them and who does not. And they can certainly cut his hours. (The fact that he was foolish enough to complain and threaten to get a lawyer over getting his hours cut would have caused me to fire his a$$, too.)
If I were you, I would tell your brother that he needs to grow up and shut up. He isn't entitled to a job. And he isn't entitled to a good boss. If he wants a job, he needs to learn how to behave like a competent professional not a mouthy kid.
- babyboomer1001Lv 76 năm trước
The manager did nothing because he agreed with the other employee. And, since he was fired back at the other store, he just did not get it right. Otherwise, he would not have been fired. It is not a dangerous place to work, just because another employee grabbed him by the shirt and, they yelled at each other. It was a heated dispute. You cannot say the manager did nothing because that is not true. He transferred your bother back to the other store. Unfortunately, that did not work out either. Employers have a right to terminate anyone they feel is not learning quickly enough, is not fitting in or, for any number of reasons. Working at any particular establishment is NOT an entitlement and the employer has the exclusive decision about who he wants to keep and who he wanted to get rid of. The other guy seems to know the job better.
(Các) Nguồn: Certified Paralegal, with 25+ years' experience, with Employment law experience. - jaymes_07Lv 76 năm trước
No, he doesn't.
He didn't have a contract, wasn't part of a union, and wasn't fired for a discriminatory reason.
You can't sue simply because it seems unfair. The employer gets to decide who they want to keep when two employees don't get along.
- ?Lv 76 năm trước
No. Since he is working without a contract, he is considered an at-will employee and can be legally fired for any reason or no reason at all. Employers do not have to be fair.
- Ẩn danh6 năm trước
grounds for netting $30k from the co.