Can my husband Sue?

posted 1 year ago in Legal
Member
7934 posts
Bumble Beekeeper

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.

Member
989 posts
Busy bee

@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.

 

Member
1233 posts
Bumble bee

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. 

Member
7934 posts
Bumble Beekeeper

@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.

Member
10364 posts
Sugar Beekeeper

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.

Member
2653 posts
Sugar bee

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??

Member
2941 posts
Sugar bee

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. 

Member
372 posts
Helper bee

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 :/

Member
1669 posts
Bumble bee

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. 

Member
7204 posts
Busy Beekeeper

Wow, he left his job without notifying a supervisor twice? And you say they had no grounds on which to fire him? 

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