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khrath
RealPoor Master of Posts
Joined: 11 Oct 2002
Posts: 8750
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 Posted: 04/26/05 - 19:37 Post subject: Legal employment question
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Can you fire someone because they have personal differences outside of work with other employees?
lol, my friend just got fired because the other 2 girls at work said they would walk out if the boss didn't fire her, because they aren't comfortable working with her, because they had some personal differences outside of work.
thats f****d up haha
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Nobonius
Sir Postalot
Joined: 27 Dec 2002
Posts: 1121
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Posted: 04/26/05 - 19:46 Post subject:
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If you live in a right to work state you can be fired for whatever the hell the employer wants. At least I think that is correct, let me check.
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Frax
RealPoor Master of Posts
Joined: 11 Oct 2002
Posts: 8489
Location: Fuck yoiu fucking fuckers
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Posted: 04/26/05 - 19:48 Post subject:
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you mean an "employment at will" state. Y es they can fire you for that, they can fire you for anything other than stuff protected under the Equal Employment act or whatever its exactly called.
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Nobonius
Sir Postalot
Joined: 27 Dec 2002
Posts: 1121
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Posted: 04/26/05 - 19:51 Post subject:
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Yes, that sounds more like it. Thanks. Right to work deals more with labor unions. Wish I had paid more attention in law class. I will look through my notes more.
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Nahualli
RealPoor Master of Posts
Joined: 11 Oct 2002
Posts: 8461
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Posted: 04/26/05 - 19:56 Post subject:
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| Frax wrote: | | you mean an "employment at will" state. Y es they can fire you for that, they can fire you for anything other than stuff protected under the Equal Employment act or whatever its exactly called. |
That's not exactly true.... the way the law is written, you can be fired for any reason or no reason. This means, exactly what it says. You can be fired for any reason and for no reason.
However if your reason is motivated by personal attachments or sentiments that cannot be PROVEN or have not been DOCUMENTED as having interfered with your job functions or upholding the general image of your company and not making you lose money you can be sued for firing that person.
If, however, your boss fires you for exactly NO reason. (Basically because he felt like it) but doesn't cite a specific reason why, it's all good and the state can't do shit nor can they be sued. Well, the person who got fired can try to sue but they won't get very far.
So... the way the law works, you're better off firing someone simply because you no longer needed or wished to employ them (no reason) rather than to give a reason. If you do give one you're opening yourself to scrutiny in how you treated your other employees, and if the person who got fired was gay, black, female or a cripple, you're toast.
-Nah-
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Nobonius
Sir Postalot
Joined: 27 Dec 2002
Posts: 1121
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Posted: 04/26/05 - 20:01 Post subject:
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Employment-at-Will
As noted, most jurisdictions in the United States still follow the doctrine of employment-at-will, which states that an employer can dismiss an employee at any time for any reason. Under this doctrine, the employer does not even have to give a reason for the firing. The rationale for the employment-at-will doctrine is that both the employer and the employee should be free to terminate the employment relationship at any time. This principle allows both parties to end an unsatisfactory relationship or to take advantage of new opportunities. Unfortunately, the principle can be abused by unscrupulous employers.
Word for word out of my book.
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