(Closed) FH plans to sue his family! need advise!! lawyer bees?

posted 7 years ago in Family
Post # 3
Hostess
18646 posts
Honey Beekeeper
  • Wedding: June 2009

I really don’t tihnk i’s going to be worth it to go to court.  He needs to start looking for anything else immediately and hopefully you won’t have to worry about unemployment (since that is less than your regular income anyway).

Post # 4
Member
9029 posts
Buzzing Beekeeper
  • Wedding: June 2011

they arent allowed to fire him for that reason.. but going to court costs more money and honestly since it is a family thing, it will turn into their word against his word. They can completely deny that they are firing him for that reason and make something up.. I agree with MissAsB that he just needs to focus his time and energy on finding a new job asap. Hopefully these are empty threats and they wont actually fire him till he is able to find somthing else

Post # 5
Member
2790 posts
Sugar bee

Is it really worth it to both of you to deal with his family for the rest of your life? Could the two of you just move totally away from them and cut off all contact with them? I have a feeling that his family will forever be attempting to hurt your marriage if you continue to be in close proximity to them. I could not possibly understand how much energy and effort it takes to deal with these people on a daily basis. Is your FI still attempting to get along with them or would he be ok with ending contact with ending all interaction with them?

Post # 7
Member
5494 posts
Bee Keeper
  • Wedding: August 2011

The law maybe different in IL, but in California you can still collect unemployment even if you are fired unless you were fired for just cause, (your own fault).  The way the process works is the employee applies and the application gets forwarded to the former employer for approval/taxes.  if the former employer opposes payment of unemployment, an administrative hearing is held in which the burden is on the employer to prove why the former employee should not get unemployment.  and let me tell you, the court is on the employee’s side.  I mean, the “cause” would have to be extreme, (like doing drugs at work or stealing), for unemployment to be denied.

 

so have your FI file for unemployment anyways and start looking for another job ASAP.

Post # 8
Hostess
18646 posts
Honey Beekeeper
  • Wedding: June 2009

I think he should consider leaving the job there now, going back to school part time for his GI bill and working part to full time.  That way you don’t have to worry about them denying his unemployment.  I don’t know if this is everywhere but my coworker in CO was denied her unemployment claim by our old employer.

Post # 9
Member
1641 posts
Bumble bee
  • Wedding: June 2011

There are no laws to protect him. The federal government only made regulations regarding age discrimination, race, and sex. There is also the ADA regulations, but that wouldn’t apply here.

Any other employment laws are determined by the state. In Massachusetts, for example, there are state laws preventing people from getting fired for all sorts of reasons, but in NH, there are no state labor laws. You can get fired for anything, at anytime, unless it conflicts with the Federals regulations.

HOWEVER…if this business is not paying their unemployment taxes, they could be in great jeopardy of losing said buisness. I think the law regarding paying of unemployment might depend on how many employees there are, you would have to look into that. But, it seems to me that he could certainly use it as “leverage”. I wonder what other taxes they haven’t paid?

Post # 11
Member
1641 posts
Bumble bee
  • Wedding: June 2011

Ah, yes..and if the company is very small and isn’t required to pay unemployment insurance, he might not be able to collect..however, being fired as apposed to being laid off is not important. Unless he is fired for gross negligence, he can collect.

Post # 12
Member
1641 posts
Bumble bee
  • Wedding: June 2011

There are also regulations regarding going to school and collecting unemployment. Another thing you’d have to look into.

Post # 13
Member
2867 posts
Sugar bee

If the company is under 50 employees, it doesn’t have to follow a lot of gov’t regulations.  Honestly, he should just seek employment elsewhere and cut his losses.  I’m sorry this happened.

Post # 14
Member
269 posts
Helper bee
  • Wedding: July 2011

This may sound like a horrible idea but the evil in me would have him “break up” with me move in with his parents for a month or two until he gets the thousands of dollars they owe him and once the checks are cleared in the bank tell them to F**K off and then you two can carry on with your life without these jerk offs.

Post # 15
Member
3041 posts
Sugar bee
  • Wedding: May 2010

go to:

laborlawtalk.com

Its a forum & they know a lot about wrongful termination or whatever it may be called. I don’t know the labor laws, but they helped me sort things out about my job.

I would encourage him to get some type of “proof” as to why he’s being fired. Can he send them an email? This would get everything in writing. Otherwise, its his word vs their word.

You said they owe him $8k… is that work related?

Post # 16
Member
2 posts
Wannabee
  • Wedding: October 2010

Aw. I am so sorry that you are going through this…but know that you are not alone.  Many of us are dealing with crazy in-laws.  Don’t take them to court.  Tell your man to find another job so he won’t have to put up with their crap.  Don’t cancel your wedding.  Don’t let them get to you! Do your thing…

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