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  • ?? South Carolina

    well my husband works for a security company but this company is contracted to a hospital so that is where he was working. 4 days ago he was informed by his supervisor that he had been accused of sleeping on the job while guarding someone and that he had proof. my husband swears it never happened and he remembers the night in question and remembers a nurse harrassing him every 10 min by kicking his chair on purpose and after about the 10th time he told her that she was interupting him performing his job and if she did it again he would speek to her supervisor. well of course he asked what evidence his supervisor had and could he see it so he could clear some things up. he thought maybe it was a video and admits to leaning over and stairing at the floor. his supervisor wouldnt tell him what the evidence was and would not show him either. all he would say was he better not see it again or he was fired. the next morning his manager came to him and told him he had been told of 2 separate accasions where he was sleeping... so it changed and my husband asked who was accusing him and what and where was the evidence. all he got was a nurse took pics. and again he asked to see these and he got nothing. is that legal?

  • #2
    Your husband's employer has no legal obligation to show him the pictures or to tell him who took said pictures and/or made the accusations.

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    • #3
      Is there a union contract involved? If so, file a compliant with the union. For the rest of the answer assume no union.

      A "wrongful termination" means that an actual law was violated by the termination. I am not seeing this based on what was said. Most terminations are "at will" absent a contract. Meaning either side can end the employment relationship without cause. Past that, we have cause (sleeping on the job). Employers are not courts of law. They do not have to prove behind a "reasonable doubt" that the employee was sleeping. They can legally decide that one party in the compliaint is more credible then the other.
      http://en.wikipedia.org/wiki/At-will
      http://employeeissues.com/wrongful_termination.htm

      Now having said that, if the employee had a face to face meeting with a lawyer who specializes in termination law there is a chance that the lawyer can come up with something. Send a scary letter if nothing else. Of course I have worked for employers who knew enough about employment law to be seriously unimpressed with a scary letter from a no-name attorney, but presumably these letters work some of the time with some employers.

      Have the employee file for UI, although there is a real chance that the employer will claim a "for cause" termination that challeges the UI claim.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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      • #4
        A wrongful termination isn't being terminated for something you didn't do but
        for a reason prohibited by law.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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        • #5
          Wow

          i cant believe that! workers really dont have any rights! what idont understand is how it was changed on a day to day basis from 1x to 3xs

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          • #6
            Look at it from the employer's view. They have 3 employees who come and say they saw your husband sleeping on the job and one has a picture. Sure all 3 could be lying but it is unlikely. It would be highly unprofessional to say who told on him as it could lead to retaliation against those employees.
            I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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            • #7
              & by the way- employees & employers both have rights.

              For example, minus a binding employment contract to the contrary, you could quit
              at any time for any reason just like an employer can terminate your employment
              at any time for any reason except a reason prohibited by law or unless there is a binding employment contract to the contrary.
              (At-will employment)
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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