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Legal ? - Employment - Sorta #4684912
03/05/18 09:32 AM
03/05/18 09:32 AM
Joined: Dec 2006
Posts: 731
The IL
SevenBizzos Offline OP
SevenBizzos  Offline OP
Joined: Dec 2006
Posts: 731
The IL
BITOG has "experts" on everything. Just looking for opinions on this. A group of strangers on the internet on a oil fan site seems like the perfect place for this! wink

Basic story line:

Employees A and B are good friends and work under supervisor C.

Employee A is being terminated. During the meeting to inform A of their firing, A brings a claim of harassment against C. A also claims B was a witness. HR has a "zero tolerance" and proceeds to terminate C, although C flatly denies the claim. (Probably not worth anything to the story, but B was terminated four days later)

My question isn't about the employer as they can do whatever they want. My question is do you think C has any legal recourse against A (and possibly B) for this?

This isn't me. I just felt sorry for the person and know them well enough to believe their version.

Thanks random strangers!

Re: Legal ? - Employment - Sorta [Re: SevenBizzos] #4684924
03/05/18 09:44 AM
03/05/18 09:44 AM
Joined: Oct 2004
Posts: 7,974
Cincinnati, OH, USA
bullwinkle Offline
bullwinkle  Offline
Joined: Oct 2004
Posts: 7,974
Cincinnati, OH, USA
I would think C might have something with the company, if they had no proof of any harassment, BUT-a lawsuit could likely damage C's future job/prospects(?), with the need to testify at court, or at least a deposition-not sure it would be worth following up on it. Besides, they all lost their jobs, so how good of a company is it to work for, really?


06 Ram 3500 CTD 4X4(FG Venturi), 93 GMC C3500 6.2, 89 F-450 7.3, 98 XJ 4.0(XG8A), 05 xB(XG3600), 18 Transit 3.7, 03 Merc Grand Marquis 4.6 2V(XG2)
Re: Legal ? - Employment - Sorta [Re: SevenBizzos] #4684925
03/05/18 09:44 AM
03/05/18 09:44 AM
Joined: Dec 2008
Posts: 2,407
CA
raytseng Offline
raytseng  Offline
Joined: Dec 2008
Posts: 2,407
CA
Definitely. Any lawyer worth his salt would rope all the parties into the suit. I think the primary party though would be the employer, as they sre the party that directly decided causing a loss and has more responsibility of care; but there is still a solid case against the person making the false accusation for causing the loss too.

You can google false accusation employment and you'll get a bunch of hits including some general blog type articles on the topic from law firms.

Ultimately as with many things in the law, it is not cut and dried, and there are many ways the story could unfold sometimes depending on how much money or time the parties have to spend on the lawsuit.

Tou definitely need a lawyer dor something like this,

Last edited by raytseng; 03/05/18 09:49 AM.
Re: Legal ? - Employment - Sorta [Re: SevenBizzos] #4684932
03/05/18 09:48 AM
03/05/18 09:48 AM
Joined: Mar 2010
Posts: 1,406
USA
SOHCman Offline
SOHCman  Offline
Joined: Mar 2010
Posts: 1,406
USA
Is IL a right to work state?


I urge people not to wait 100K to change out the fluid in their transfer case units. -Kestas
Re: Legal ? - Employment - Sorta [Re: bullwinkle] #4684934
03/05/18 09:50 AM
03/05/18 09:50 AM
Joined: Dec 2004
Posts: 2,530
Chicago Area
opus1 Offline
opus1  Offline
Joined: Dec 2004
Posts: 2,530
Chicago Area
Originally Posted By: bullwinkle
I would think C might have something with the company, if they had no proof of any harassment, BUT-a lawsuit could likely damage C's future job/prospects(?), with the need to testify at court, or at least a deposition-not sure it would be worth following up on it. Besides, they all lost their jobs, so how good of a company is it to work for, really?
As a friend of mine who sued an employer once told me, "even when you win, you still lose."


Current Fleet:

2010 Hyundai Sonata GLS
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Re: Legal ? - Employment - Sorta [Re: SevenBizzos] #4684945
03/05/18 10:04 AM
03/05/18 10:04 AM
Joined: Sep 2004
Posts: 21,633
Orlando, FL
Mr Nice Offline
Mr Nice  Offline
Joined: Sep 2004
Posts: 21,633
Orlando, FL
I knew a manager fired for allegedly harassing a woman at work and they fired him when woman mentioned lawsuit. 15 years down the drain.... later it was found out that she was lying. smirk

OP situation can get very murky with various stories from fired employees.

Re: Legal ? - Employment - Sorta [Re: SOHCman] #4684946
03/05/18 10:05 AM
03/05/18 10:05 AM
Joined: Aug 2011
Posts: 3,345
Chicago,IL,USA
pandus13 Offline
pandus13  Offline
Joined: Aug 2011
Posts: 3,345
Chicago,IL,USA
Originally Posted By: SOHCman
Is IL a right to work state?

At-Will work state.


16 Golf SportWagen
13 Mazda5
08 Yaris
04 Elantra
95 accent
95 mystique
97 concorde
Re: Legal ? - Employment - Sorta [Re: bullwinkle] #4684961
03/05/18 10:15 AM
03/05/18 10:15 AM
Joined: Aug 2011
Posts: 3,345
Chicago,IL,USA
pandus13 Offline
pandus13  Offline
Joined: Aug 2011
Posts: 3,345
Chicago,IL,USA
Originally Posted By: bullwinkle
I would think C might have something with the company, if they had no proof of any harassment, BUT-a lawsuit could likely damage C's future job/prospects(?), with the need to testify at court, or at least a deposition-not sure it would be worth following up on it. Besides, they all lost their jobs, so how good of a company is it to work for, really?

Question for OP/ C's friend:
after the shock of firing passes,
What answer will the HR from former company give if they get any request for background check from a prospective employer?
If just employed from x to y and no other "comments", I would suggest to move-on.
To have a case you will need a REALLY good shark+vulture lawyer, since the company will most likely not cooperate.
Every kick in the but is a step forward.

P.S. My friendly advice early in my career from my boss when I let him know of my departure: "Cemeteries are full of irreplaceable people..."


16 Golf SportWagen
13 Mazda5
08 Yaris
04 Elantra
95 accent
95 mystique
97 concorde
Re: Legal ? - Employment - Sorta [Re: SevenBizzos] #4684963
03/05/18 10:17 AM
03/05/18 10:17 AM
Joined: May 2015
Posts: 1,992
America
Alfred_B Offline
Alfred_B  Offline
Joined: May 2015
Posts: 1,992
America
Originally Posted By: SevenBizzos
BITOG has "experts" on everything. Just looking for opinions on this. A group of strangers on the internet on a oil fan site seems like the perfect place for this! wink

Basic story line:

Employees A and B are good friends and work under supervisor C.

Employee A is being terminated. During the meeting to inform A of their firing, A brings a claim of harassment against C. A also claims B was a witness. HR has a "zero tolerance" and proceeds to terminate C, although C flatly denies the claim. (Probably not worth anything to the story, but B was terminated four days later)

My question isn't about the employer as they can do whatever they want. My question is do you think C has any legal recourse against A (and possibly B) for this?

This isn't me. I just felt sorry for the person and know them well enough to believe their version.

Thanks random strangers!


C only has recourse if he can prove that his rights under protected classes were violated and submit a claim to EEOC (if he or she has faced constant harassment during employment and has kept records). These usually end up in a symbolic fine of around $5k in right-to-work states like IL.

Quote:
Race.
Color.
Religion or creed.
National origin or ancestry.
Sex.
Age.
Physical or mental disability.
Veteran status.
Genetic information.
Citizenship.

Re: Legal ? - Employment - Sorta [Re: Alfred_B] #4684975
03/05/18 10:29 AM
03/05/18 10:29 AM
Joined: Dec 2008
Posts: 2,407
CA
raytseng Offline
raytseng  Offline
Joined: Dec 2008
Posts: 2,407
CA
Originally Posted By: Alfred_B
Originally Posted By: SevenBizzos
BITOG has "experts" on everything. Just looking for opinions on this. A group of strangers on the internet on a oil fan site seems like the perfect place for this! wink

Basic story line:

Employees A and B are good friends and work under supervisor C.

Employee A is being terminated. During the meeting to inform A of their firing, A brings a claim of harassment against C. A also claims B was a witness. HR has a "zero tolerance" and proceeds to terminate C, although C flatly denies the claim. (Probably not worth anything to the story, but B was terminated four days later)

My question isn't about the employer as they can do whatever they want. My question is do you think C has any legal recourse against A (and possibly B) for this?

This isn't me. I just felt sorry for the person and know them well enough to believe their version.

Thanks random strangers!


C only has recourse if he can prove that his rights under protected classes were violated and submit a claim to EEOC (if he or she has faced constant harassment during employment and has kept records). These usually end up in a symbolic fine of around $5k in right-to-work states like IL.

Quote:
Race.
Color.
Religion or creed.
National origin or ancestry.
Sex.
Age.
Physical or mental disability.
Veteran status.
Genetic information.
Citizenship.


A shark lawyer would still rope the employer in, not under the emplyment laws, but under the same slander/libel/defamation laws used against a and b.
It would ve along the lines of saying they fired you validates the accusation, and damages your reputation and future job prospects.
So the suit wouldn't be about the past job exactly, but about the future jobs.

Last edited by raytseng; 03/05/18 10:36 AM.
Re: Legal ? - Employment - Sorta [Re: SevenBizzos] #4685015
03/05/18 10:58 AM
03/05/18 10:58 AM
Joined: May 2015
Posts: 1,992
America
Alfred_B Offline
Alfred_B  Offline
Joined: May 2015
Posts: 1,992
America
@raytseng That's a good point.

Re: Legal ? - Employment - Sorta [Re: SevenBizzos] #4685017
03/05/18 10:59 AM
03/05/18 10:59 AM
Joined: Mar 2008
Posts: 5,840
South Florida
bubbatime Offline
bubbatime  Offline
Joined: Mar 2008
Posts: 5,840
South Florida
Not much you can do. It will one persons word vs another persons word. Move on, find a new job.

If the allegation was patently false, then lets hope A has it coming to them. If accurate, then its good that the supervisor was fired.


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12 Suzuki S40 Rotella 15W40
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06 GMC Sierra Nextgen 10W30


Re: Legal ? - Employment - Sorta [Re: SevenBizzos] #4685073
03/05/18 11:54 AM
03/05/18 11:54 AM
Joined: Nov 2011
Posts: 4,857
MTL, CANADA
Rolla07 Offline
Rolla07  Offline
Joined: Nov 2011
Posts: 4,857
MTL, CANADA
How does C get terminated so quickly? 0 tolerance is logical but you cant fire someone without doing a proper investigation. Guilty until proven innocent these days like some movements.

Last edited by Rolla07; 03/05/18 11:55 AM.

2007 Corolla Red Pearl 155k miles
PP 0w20 & ST 4967

Re: Legal ? - Employment - Sorta [Re: Rolla07] #4685081
03/05/18 12:01 PM
03/05/18 12:01 PM
Joined: Jun 2003
Posts: 10,430
Illinois
javacontour Offline
javacontour  Offline
Joined: Jun 2003
Posts: 10,430
Illinois
Just wondering if it was really planned layoffs and all three were going to go anyway.



Originally Posted By: Rolla07
How does C get terminated so quickly? 0 tolerance is logical but you cant fire someone without doing a proper investigation. Guilty until proven innocent these days like some movements.


network down, IP packets delivered via UPS -BOFH
Re: Legal ? - Employment - Sorta [Re: SevenBizzos] #4685191
03/05/18 02:00 PM
03/05/18 02:00 PM
Joined: Dec 2010
Posts: 790
Romania
Andy636 Offline
Andy636  Offline
Joined: Dec 2010
Posts: 790
Romania
No loose ends...

I would of done the same.

As an employer I don't want to have to deal with kindergarten stuff.

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