Is this wrongful termination?

Previous | Next
 rated by 0 users
Latest post Thu, Nov 3 2016 8:25 AM by Taxagent. 12 replies.
  • Wed, May 11 2016 4:02 AM

    • saintlania
      Consumer
    • Not Ranked
    • Joined on Wed, May 11 2016
    • NE
    • Posts 2

    Is this wrongful termination?

    My boyfriend had been working for this company for 2 1/2 years. He was recently fired.. at the time of his being fired he was not informed why he was fired just told forcfully he needed to leave, he was not even allowed to retrieve his belongings out of his locker. I found out later that the reason he was fired was because he is a registered sex offender. The immediate owner/manager was aware he was a rso from the beginning of his employement. His partners had just found out and had contacted a lawyer who told them that having him employed at the company ( which is a small time hotel ) was too much of a liability " In case something happens".  During the 2 1/2 years he worked there he had done nothing wrong, in fact had been recently promoted to head of his department with a substantial raise. 

     

    On a side note, another employee was also fired the same day for the same thing. 

     

    Would we have a case for wrongful termination? And if so what could that kind of suit do for us? 

  • Wed, May 11 2016 6:42 AM In reply to

    Re: Is this wrongful termination?

    Perfectly legal. 

    What kind of case do you think you have? People most of the time can be fired for any reason. Being sex offender sounds like a totally legit reason and I'm surprised he was hired in the first place especially since he interacts with the public and likely kids. This is one of the downfalls of being a sex offender. Depending on the crime he may have a very difficult time securing employment.

  • Wed, May 11 2016 7:58 AM In reply to

    • saintlania
      Consumer
    • Not Ranked
    • Joined on Wed, May 11 2016
    • NE
    • Posts 2

    Re: Is this wrongful termination?

    Well actually he has never had problems with employment until this job. Probably because not everone is so uninformed that they hear the words "sex Offender" and they automatically think rapist or pedophile. Obviously though the other 2 partners did stereo type him.  He has been out of prison for 10 years he was at his first job out of prison for 5 years , left because the business closed and the next for 2 years before he had to quit to move here where he got this job and held it for 2 1/2 years. He also found a new job with in 2 days of being fired. So that isn't an issue. 

    The case I think I have is just that, He was stereotyped because of a title. Isnt that discrimmination? Therefore wouldn't that be considered wrongful termination? 

  • Wed, May 11 2016 8:40 AM In reply to

    • DOCAR
      Lawyer
    • Top 25 Contributor
    • Joined on Sat, Dec 9 2000
    • NV
    • Posts 5,444

    Re: Is this wrongful termination?

    Most discrimination is legal.  I can fire someone for wearing green socks if I don't like green socks. Only certain types of discrimination are prohibited in the employment arena and they are age, race, sex, national origin, sexual orientation (in some states) and the like.  Being a convicted sex offender is not among the legally protected classifications.  

    He should file for unemployment and look for another job.

  • Wed, May 11 2016 11:25 AM In reply to

    Re: Is this wrongful termination?

    saintlania:
    Would we have a case for wrongful termination? And if so what could that kind of suit do for us?

    Your boyfriend has no valid claim (there is no "we" or "us" here).  In most cases, an employer is free to fire an employee for any reason not expressly prohibited by law, and being an RSO is not a prohibited reason.  Nor is it prohibited for an employer to change it's mind and fire an employee for something that the employer knew about at the time the employee was hired.

  • Wed, May 11 2016 11:28 AM In reply to

    Re: Is this wrongful termination?

    saintlania:
    The case I think I have is just that, He was stereotyped because of a title. Isnt that discrimmination? Therefore wouldn't that be considered wrongful termination?

    Yes, it's discrimination, but most discrimination is perfectly legal.  For example, every employer discriminates -- legally -- based on education and experience.  Discrimination is only illegal if it is based on things like race, ethnicity, gender, religion, etc.

  • Wed, May 11 2016 1:01 PM In reply to

    Re: Is this wrongful termination?

    Most discrimination is legal. My boss can fire me because I am fat. He can fire me for no reason at all.

    I can see why an owner of a company would not want a RSO working for him why is this a surprise to you? It depends on the crime too. Statuatory rape is some eyes is different that child molestation. Sex between 16 and a 19 year old is not quite the same as an adult molesting a kid under 10. You have not said what his crime was but child molesters are a threat to any community and get no sympathy from me at all and most cannot be rehabilitated.

    You date a guy who is a RSO and I'm wondering why you would date one and I would hope you have no children-you deal with the fallout. This is fallout. There is a stigma attached to being a RSO. They dont want a sex offender working there.

  • Wed, May 11 2016 5:23 PM In reply to

    Re: Is this wrongful termination?

    OliviasMom:
    My boss can fire me because I am fat.

    Except in Michigan.  MI is one state that does list weight as a protected characteristic in their state.

     

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • Thu, May 12 2016 9:17 AM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 51,405

    Re: Is this wrongful termination?

    Don't worry...CA and other places are not far behind ....obesity tied to handicap or disparate impact by race is sure to be. up for debate in liberal circles. 



  • Thu, May 12 2016 9:33 AM In reply to

    Re: Is this wrongful termination?

    Thanks. I am actually not "fat" I was just saying that as an example.

    On a similar note. I do not feel sorry for most sex offenders. Most are on the list for a good reason. I looked up my childhood best friends dad. He is one from 1987 and still on the list. He molested her when she was 12/13. Shocking and sad family story. My ex husbands cousin in on there. He had sex with a girl he knew was 15 (friend of his daughter) he was 35 at the time. He is a level 2/intermediate.

    Lots of men on the list that are all out child molesters. Screw 'em. They made their bed they can lie in it.

     

  • Thu, May 12 2016 11:25 AM In reply to

    • cbg
      Consumer
    • Top 25 Contributor
    • Joined on Thu, Dec 21 2000
    • MA
    • Posts 7,061

    Re: Is this wrongful termination?

    Just to clarify on the "fat" issue since it's come up - :)

    Height and weight is protected in Michigan.

    "Personal appearance" which can include but is not limited to height and weight, is protected in the District of Columbia.

    Some isolated municipalities, most if not all in California, have begun to implement city ordinances that protect discrimination on the bais of weight. I have a vague idea that there may be one or two in Ohio, but don't quote me on that.

     

  • Thu, Nov 3 2016 7:17 AM In reply to

    Re: Is this wrongful termination?

    That's absolutely wrong action from company and I think you should ask for a help from lawyers because they violate his rights. I met something like that before and my friend from Z GROUP LTD helped me a lot to solve my problems at my job when I was pushing away. Good luck

  • Thu, Nov 3 2016 8:25 AM In reply to

    Re: Is this wrongful termination?

    Martin Gilson:

    That's absolutely wrong action from company and I think you should ask for a help from lawyers because they violate his rights. I met something like that before and my friend from Z GROUP LTD helped me a lot to solve my problems at my job when I was pushing away. Good luck

    Two points. First, as mentioned previously, in the U.S. the employer did nothing illegal. Second, your spam link is for a U.K. firm, which is of absolutely no use on a board that addresses U.S. legal issues. If you are going to spam message boards, I'd think you'd at least  know enough to pick sites for the right country.

Page 1 of 1 (13 items) | RSS

My Community

Community Membership New Users: Search Community