Post # 1
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.
Post # 3
- Wedding: March 2012 - Pelican Grand Beach Resort
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.
Post # 4
@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.
Post # 5
@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,
Post # 6
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.
Post # 7
@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
Post # 8
@Mrsgurzakovic: good luck! Sorry that it happened.
Post # 9
- Wedding: March 2012 - Pelican Grand Beach Resort
@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.
Post # 10
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.
Post # 11
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??
Post # 12
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.
Post # 13
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 :/
Post # 14
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.
Post # 15
Wow, he left his job without notifying a supervisor twice? And you say they had no grounds on which to fire him?
Post # 16
@Mrsgurzakovic: i really hope you can what a jerk that guy was to your husband ; (
im so sorry your going thru this ((HUGS))