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Discrimination Pennsylvania

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  • Discrimination Pennsylvania

    A foreman leader supposedly said a deragotory word infront of another fellow worker 3 months ago. Recently, the worker told other workers what he supposedly of what he said. This Leader foreman said he did not say a deragotory word. The employers is looking to fire the Foreman leader. I'm representing both of these employees. In your opinion, does the have the right employer fire or lay him off due one man accusing this and also the lenght of time.

  • #2
    Sure they have the right to fire the guy unless there is a contract in place which precludes it. Whether this is a good move or not, is entirely subjective. If the comment was vile enough or referred to any legally protected characteristic and the company has reason to believe the accuser over the accused, the fact that it happened 3 months ago means little. If this guy is already skating on thin ice, this may also be the straw that broke the camel's back. There are only so many incidents and issues an employer can and should overlook.

    Even if there isn't a sound business reason for terminating the guy, it is still legal under the "at will" doctrine.
    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.


    • #3
      Unless the foreman has a legally binding and enforceable contract or CBA that expressly says otherwise, then yes, the company does have the right to fire him for this. It might not be fair, but it would not be illegal. The employer is not a court of law; they do not have to have proof; the law does not put a limit on how long after an event an employee can be fired.

      However, I have a suspicion that there is more to this than you are aware.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


      • #4
        You stated, “I'm representing both of these employees.” How are you “representing” them”? In what capacity?


        • #5
          I have the same question. Are you the shop steward or similar? In any event, you have a conflict of interest on your hands. You can't ethically advocate on behalf of the employee making the allegations and on behalf of the other that it never happened.


          • #6
            Originally posted by highliner View Post
            In your opinion, does the have the right employer fire or lay him off due one man accusing this and also the lenght of time.
            The answer to your question is yes unless there is a binding employment contract
            to the contrary.

            However; as a couple of other responders asked, how are you representing both
            people involved?

            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.


            • #7
              I'm a BA for my Local Union. I just ran into this situation and wanted to now some opinions. In this case, I was able to keep the foremans job and no disaplinary actions taken. The foreman will have to be coached by the employer about their rules and regulations on the discrimination. Any more problems...he will lose his job. My steward did a great job investigating for me.


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