So abou say, 2-3 weeks ago My husband got fired from his job. :( Here is what happened.. My husband one night ended up leaving early from his late shift to get some gas since he finally found a gas station that has gas ( this was during the time Sandy had hit and gas was such a hassle to get ) -- yes he was wrong, he knows hes wrong but he did it. The company called my husbands company and complained saying he left early and yada yada.. So my husbands boss told him and since hubs had to go back to that area to complete his job, they assigned another man as well to work alongside with him--- This guy is in a higher position then what my husband is, he is not the boss, but a higher rank then my husband but still a worker. One thng led to another and the guy ( whose known to be vulgar ) started yellign adn cursing my husband, my husband didnt want to fight because he didnt want to get fired, so he had 30 miutes left for his shift to be done ( and during that last hour, it was his lunch break anyway ) So he decided to just leave during his lunch break and that was that. Th guy ended up calling my husband, cursing him on the fone, telling him to go meet him up and hes gonna eff him up and if he has balls to meet up with him. my husband ended up recording that message ( he has a tendancy to record things that go down just in case and his luck that guy was a complete as*hole) -- Also, this guy is close friends with the boss, nex day-- husband AFTER 7 years working with them-- gets fired. NO reasons, no nothing- after a while, he found out that the guy he faught with got him fired..
Today his uncle and sister are over for dinner all heard the message and were SHOCKED with what they heard and said it was unbelievable-- and that he has every right to sue the company because that was harrasement.
I just want to know if this is true.. because it would be pretty helpful.
A lot of this will depend on labor laws in your state. Is your state a right-to-hire-right-to-fire state? If so, the only grounds he could sue on would be discrimination, and being personal enemies of a friend of the boss is not a protected category.
ETA: unless he's in a union. The union might offer additional protection against wrongful termination if he is a paying member.
@Mrsgurzakovic: I'm not going to give legal advice because I'm not an attorney, but I think that part of the problem with people today is that many people are sue-happy. I wouldn't be looking to sue someone because they yelled at you and called you names and said things you don't like.
My guess is that there would need to be records of ongoing threats, not this one time thing, but again - I'm not a lawyer.
It doesn't sound like this guy got your husband fired though. Your husband got himself fired. He should have notified someone/asked permission. If there was an emergency and he couldn't be accounted for that would be a problem. I think most people would be fired or at least written up/given a warning if they decided to run errands while on a work shift.
@mrsSonthebeach: I will have to look into that but how about harrasment from a coworker? Can that be filed against?
He is also in the Union,
Also be careful on the phone conversation. In some states you have to consent from both parties to be recorded for it to be admissible in court.
@Araya: Im going to speak to a lawyer about this-- thank you so much! I wonder if there are lawyers on here that can help? Were in NY -- so maybe that would be helpful. WEre nto trying to get his job back and were not lookin into sueing for Termination but because this man harrassed him
@Mrsgurzakovic: good luck! Sorry that it happened.
@Mrsgurzakovic: If he's in the union, he needs to call his union rep. If he has any recourse, it's most likely through the union and the union should supply the legal resources to him.
If he left his shift early without permission, they have just cause. Are you in an employment-at-will state? If so, they can let you go at any time for any reason that isn't expressly illegal.
They did not have no reason to fire him, your husband did the wrong thing.
I am sorry he was spoken to rudely, every person deserves to be spoken to and treated with respect- but this is not sue- worthy? Surely??
Not every single thing is grounds to sue. Your husband needs to accept that he abandoned his job and was fired. Having someone yell at you is not grounds for suing. If he was wrongfully terminated, worked in a hostile environment (getting yelled at one time is not hostile), or treated differently base on his race or something along those lines.
Stop looking for easy money for NOTHING and have your husband man up.
As a lawyer, I can tell you that that recording will not be admissible in ANY state and also that being yelled at is not harassment. You could possibly take action through the union, like pp said, but I really don't see a legal issue here. Sorry :/
Actually, depending on the content of the message, it could be considered
aggravated harassment in the 2nd degree, a B misdemeanor in New York. And NY is a one party consent state. As long as one party to the convo is aware they being recorded, it's kosher. But yes, OP, your best recourse is probably through your husband's union rep.
Wow, he left his job without notifying a supervisor twice? And you say they had no grounds on which to fire him?
@Mrsgurzakovic: i really hope you can what a jerk that guy was to your husband ; (
im so sorry your going thru this ((HUGS))
I am just about to be sworn into the Australian Courts- recorded evidence is not admissable - although it would probably not have any bearing on the final outcome anyway- I'm not sure exactly how the criminal system works over there- but in Australia the abusive phone call would ammount to Phsycic assult- even if this recorded evidence was admissable I'm not sure it would be something worth pursuing.
His dismissal and the question of it's legality would hinge upon the terms of his contract really. If he went to the petrol station in his lunch break - then I don't see what the problem is. If he has left work in working hours without permission there is not a lot the law can do to help you I'm affraid.
What you could do is ask the boss for a written statement in relation to why your husband was dismissed. If he says because he went to the petrol statement on his lunch break then you've might have something to build a case upon- but this of course all depends on what was agreed upon in the terms of his employment contract.
If I were you I would just leave it alone. I don't mean to sound unkind but legal proceedings for a matter such as this one would be very costly and would more than likley ammount to very little sucsess.
I am speaking from a place of limited knowledge as I am not quite a lawyer but I do wish you every sucsess for the future
So he abandoned his job twice (the first time was to get gas and had nothing to do with any other coworker) and he wants to sue for being terminated?? In my job, I'd be fired on the spot for abandoning my job the first time around. Sorry, but your husband showed a pattern of behavior at his job and it sounds like the company did what they had to do.
The company may also be dealing with the other guy and you won't know about it. Your husband may be able to file a police report against the guy for assault or threatening harm, but I seriously don't think there's anything aside from that that he can or should do. I'd chalk it up to a lesson learned that he should clock in and clock out at the appropriate hours he's scheduled for.
Not sure what the laws are in the states, but I know over in AUS phone recordings can't be used as court evidence unless both people consent. Personally I think it's stupid.
You'd really need to check with a lawyer, but there could be a time frame in which you need to file for unfair dismissal, so do it quickly. My mother was unfairly dismissed and due to the fair work laws here, she had a month to file a complaint about it. She won. Bottom line is- you have the right to sue anyone for anything, BUT whether you win or not is a whole other story. A lawyer or fair work ombudsman (sp?) should be able to give you some advice.
ETA- Thought I should mention that my mum's case was very obviously unfair dismissal, so she had a favourable outcome. Her work environment was unsafe (she'd been hit in the head by faulty winches, knocked over from electrocution and nearly broke he wrist from a faulty drill). After years of trying to have the issues fixed, she made a call to worksafe and was fired a few days later. I'm guessing your DH's situation may be harder to sue for.
@Lovemelovemyhorses: the suit is not over being fired. He wants to sue over the phone call from the coworker. It seems frivolous and money seeking. There is no harm besides a bruised ego.
He should talk to a union rep, but I would not bother with a lawsuit unless the union goes in on it.
Honestly, it doesn't sound like you have a case here and you would likely lose money suing on a harrasment charge given the details you provided.
oh, I see. In that case, I highly doubt you will get a favourable outcome OP. First, one call is not harrassment. Second, what would you sue for? Emotional damage? The phone call did not cost you anything, so you would not be reimbursed (i'm guessing) and what's more, if anything it would be a police issue, not something to sue over.
I love all the legal experts on here when they aren't lawyers. Lol- all you have to do is watch a couple of episodes of law and order and BAM you're a lawyer.
If she wants serious legal advice, then she shouldn't be asking on a wedding forum. That's why I said in my original post that she should talk to a lawyer (or fair work rep, before I realized she wanted to sue for the phone call).
@Hope1985: That's a pretty snarky comment to make. Many of the people who contribute on these boards are lawyers. I think I can safely say that the non-attorney contributors on this particular thread are giving "reality check" advice to the OP.
@Hope1985: interesting since you're providing info based on the laws from a completely different country! Irony!
I would call it a bad day and move on..
@AlwaysSunny: +1. I can't imagine that even the union would be able to dispute this because there's a clear record of misconduct. Talk to the union rep, so you can make sure the company followed proper procedure for firing him. If you can get a free legal consultation there's nothing to lose in asking a lawyer about your chances, but I'd suspect they'll say you have no case.
Were not looking for easy money.. Geez! I already made it clear that my husband DID do the WRONG thing by leaving the job and we ARE NOT looking into getting that job back.
The reason I asked this question in the first place was becasue his sister who studie law heard the message and said that he has every right to sue for harassment
ALSO --- IT WAS NOT a RECORDING it was a VOICE MAIL. My fault for writing recording-- I forgot that it was a voice mail.
@MadameTussaud: Again, not sue againt termination. Is anyone reading my post?
@AlwaysSunny: I said they fired him on no ground?
@Mrsgurzakovic: Actually, I did read your post several times. What you meant and what you wrote didn't entirely come across in a cohesive manner, so my apologies for not interpreting it better. My previous suggestions still stand and apply, however, regarding filing a criminal report.
Did you let the boss listen to the voicemail of his so called "friend"? He knew it was voicemail so since it's not a secret recording, this should be acceptable in the courts. Ask a lawyer to be sure,
And I would try the union to see what they can do for you, and if that doesn't work, court and lawyers are next on my list.
@MadameTussaud: sorry if it didnt seem clear. As we know from other employees ho work for the company -- the guy who faught with my husband is a man whose very close to the boss. That day- he called the supervisor and told him that he left early and that " so and so " started a fight and he told him what happened and the guy never gott back to him after that. next day-- Termmination. When my husband went in a couple of days later to hand in his key and uniform he found both the supervisor and the supervisors supervisor there-- he then went over the details of what happened and said how he called his supervisor but got no response back. Then the supervisor asked the guy if it was true and he hesitated and said yes, he called me. The man then said, in that case he did nothing wrong that nght but leaving the job early the night before was wrong. Howver they sould have fired him the next day right away if it was a big problem ( they usually giv warnings as they did before with other co workers). Anyway he said he was going to talk to the boss to get his job back and nothing till now.
We were not looking into sueing, this didnt even cross our minds until his sister and uncle pushed the matter and said the voice mail was very harsh and can be filed against, hence why I asked in the first place. Were not sueing happy.
Whether the voice mail is harassment depends on the exact content of the message. Look here for some of the requirements http://www.courts.ca.gov/1044.htm If you think the message satisfies the requirements, then you should go to the police and file a report. Consult with a civil lawyer and see if they think you have a case. I think harassment usually involves contact over time, rather than just one incident, but a civil lawyer would know more.
ETA : IMO calling this harassment is really reaching. If he was really harassing you, you'd be posting about how you were worried about protecting your family from the violence he was threatening.
Also when I said " Also, this guy is close friends with the boss, nex day-- husband AFTER 7 years working with them-- gets fired. NO reasons, no nothing- after a while, he found out that the guy he faught with got him fired.." I meant they gave him or explained no reason to why theyre letting him go especially since hes worked there for so long. Whenever he calls someone they say, " we dont know "
I think you're grasping at straws, unfortunately.
I'm sorry, but if your husband was having issues with this coworker (which is definitely sounds like he was) he should have gone one level up and complained instead of deciding it was his prerogative to leave whenever he wanted. Leaving at lunch just made him look really bad. That combined with his earlier infraction of leaving early for personal reasons makes for a pretty good reason to fire him.
ETA: Okay so apparently you think you might have a case about the way this coworker treated your husband? I don't really understand what you would be suing for? Emotional damages then? IDK, as someone who has been to small claims court 3 times, it's a waste of time and money for everyone involved (At least in Ontario), and is best avoided if possible. I'd suggest just forgetting about this and moving on.
I think it really depends on what was said in the voicemail. Here harassment isn't such a civil matter though, but if there's any direct, specific threats it could be a criminal matter, and even then charges depend on a lot of things.
I'm also confused that if you don't want the job back, exactly what you'd be suing for. Again, we can't sue for emotional distress here, only actual monetary damage/expenses caused by the defendant.
If you're really set on moving forward, I'd let a lawyer have a listen, and see what they say, but personally, I'm a big girl and can handle one person I never have to see again yelling at me... so I'd probably just let it go.
Thank you everyone for your input!
I think it's a waste of money. That guy sounds completely unprofessional and off his rocker, and if your Husband truly fears for his safety and if they guy is still calling then he should file a resport.
THe other guy should be fired as well for talking to another employee that way. Your Husband could have called someone and reported what was going on before leaving, and I think the company was well within their right to fire your husband for his unprofessional behavior.
You must log in to post.
No tags yet.
Sorry, there are no users yet.
Shop Now »