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Wrongful Termination?? Ohio

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  • Wrongful Termination?? Ohio

    My husband worked for a company for 8 years. His boss is/was a moody guy, prone to tantrums and outbursts. Hubby kept the job because it paid well and had tons of perks. Recently, my husband was moved into the office from the shop to become a programmer. Last Tuesday he arrived a few minutes late, the boss pulled him in his office and began yelling at him and fired him. They had told all the employees that they were going to crack down on tardiness and would begin issuing written warnings. 3 warnings and you are fired. My husband hadn't received any written warnings. Was he wrongfully terminated? On a side note...5 other employees were late that day as well. One was over an hour late. Does anyone know if he will be eligible to draw unemployment? We're in Ohio and there are ZERO manufacturing jobs so the pickin's are dreadfully slim. Thanks in advance!!!
    Deborah

  • #2
    This was nowhere near a wrongful termination. A wrongful termination does not mean the termination was unfair; it means there was a specific law or public policy that was violated in the termination.
    http://en.wikipedia.org/wiki/Wrongful_dismissal

    There is no law that requires warnings or write-ups before termination. As long as the reason your husband was fired for tardiness, and others who were tardy were not fired, was because of a Title VII-protected characteristic of his, such as age, race, gender, religion, etc., this was not a wrongful termination under the law.

    Has he filed for unemployment benefits yet? What is the status of his claim?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

    Comment


    • #3
      Based on what you have said so far, this was not an illegal termination.

      Also based on what you have said, the employee will probably qualify for UI. HOWEVER, it is the State of Ohio's decision on who does and does not get UI, and they do not care even a little bit what anyone on any Internet website says. Assume that the employee will get UI, but if not, appeal, appeal, appeal. A one time 5 minute late is not misconduct as most states define it and that is generally the line that must be crossed. However, the employer also gets to tell their story, and their story can be VERY different then what you just told us. Their story could disqualify the employee from UI. But at the end of the day, the state does not have to take any particular party's word for anything. The state listens to both parties and the state gets to decide whose story they like best. Which is why no one on this website can give you a certain answer. But if the employee does not get UI, the employee needs to appeal.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

      Comment


      • #4
        Written warnings are not required to fire an employee unless there is a binding
        employment contract or CBA requiring them.
        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.

        Comment


        • #5
          Everybody belongs to several "protected classes"; everyone has a gender, a race, and a national origin, for example. The disparate treatment has to be solely because of the employee's protected characteristic. There is no indication whatsoever in the OP's post that he was fired because of a protected characteristic. Besides even if this WAS illegal discrimination, and there is no evidence so far that it was, it's not the Dept. of Labor that handles discrimination cases; it's the EEOC or, in Ohio, the Ohio Civil Rights Commission.


          Miamstream, you're assuming facts not in evidence and leading the OP on a wild lawsuit chase.
          Last edited by Pattymd; 10-25-2010, 01:33 PM.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

          Comment


          • #6
            EVERYONE has several "protected classes"; there's no IF about it. We who are active here answer the question as presented; we don't assume things that are not there. Nor are we here to coddle posters or to give them false hope. It's not that we don't have sympathy for some situations; if you read more, you'll find that out. But this is Labor LAW Talk; we are here to give general LEGAL information. If posters want unconditional love, they can go hug their cat.

            BTW, I corrected my typo.
            Last edited by Pattymd; 10-25-2010, 01:36 PM.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

            Comment


            • #7
              miamstem, if you will refer to Patty's first post (post #2), you will note she
              already explained wrongful termination which you referred to in your first post
              (post #5) & she even gave a link to a wrongful termination.
              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.

              Comment


              • #8
                Every single person on the face of the earth falls into at least three protected categories and some of them more. The question is not, is the person "protected" as you put it (misleadingly) but whether the action was taken BECAUSE OF a characteristic protected by law.

                There is nothing in the original post to suggest that this is the case.
                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.

                Comment


                • #9
                  Originally posted by miamstem
                  I have a tendency to go more along the lines of fact finding route and SEE if it could be potentially illegal and get people the HELP they seem to be looking for.
                  I fail to see how telling people they may have a valid lawsuit when they actually don't can possibly be construed under any circumstances as helpful.

                  Comment


                  • #10
                    ALL the facts had not been listed,
                    And YOU know that how? Reading minds lately?

                    And what protected class is a white, heterosexual, non disabled, non veteran male under 35?
                    Race. It is just as illegal to discipline or fire an employee BECAUSE he is white than BECAUSE he is some other race; the race itself does not matter if the adverse employment action taken is SOLELY because of whatever race the employee is.

                    Sexual orientation is NOT a federally protected characteristic for ANYONE, except, by interpretation, federal employees.

                    Disability status is what is protected. It is just as illegal to discriminate against an employee BECAUSE he is NOT disabled as it is to discriminate against an employee who IS disabled. The laws prohibiting discrimination against disabled employees is intended to provide equal access in the employment arena, NOT special treatment.

                    Perhaps you should actually READ something about the LAW regarding prohibited discrimination. Here, I'll help you.
                    http://www.eeoc.gov/facts/qanda.html

                    And none of us said anything was illogical. We said nothing in the OP's post indicated anything illegal.
                    Last edited by Pattymd; 10-26-2010, 05:20 AM.
                    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                    Comment


                    • #11
                      Originally posted by miamstem
                      Oh see I didn't know that you KNEW all the facts about the case and were able to ascertain that it was invalid. ALL the facts had not been listed, why I was questioning the "IF" of the case.

                      As for the misleading part perhaps in some views it’s YOU misleading by not finding all the facts and just shooting people down with “it’s not illegal”. The facts presented did call into the question of the validity of the firing for just being late.

                      I have stated also that IF the firing was due to him being in a protected class it was wrong, did anyone read the post or just come out with attacks because someone dared to disagree with a “super moderator”? And what protected class is a white, heterosexual, non disabled, non veteran male under 35?
                      Perhaps getting ALL THE RELEVANT facts in a case BEFORE you decided to tell people your opinion in what's legal or not should be a priority. And the fact that the last three posters say "nothing in the post states it's illogical", well maybe because the average person on the streets don't know what information to post to show that an illegal act has occurred. ASK questions and TRY to help with a solution and not to be so rude might actually help more people. If the original OP said “my husband who is 55 was fired, when the other guy who was a hour late (25) got nothing” would THAT have triggered your mind to think potentially illegible? ASK THE QUESTIONS!!

                      What’s sad is the people who come here really seem to be fresh from being fired and are truly looking for answers from those that seem to know more. What they are getting is a few individuals who sit on high and cast judgment not based on ALL the facts of the case. Places like this should have more moderation so that CORRECT information with a bit of compassion is passed on to those in need.

                      I truly hope non of YOU ever find yourself on the wrong side of am injustice and if you do I truly hope you find more compassion then you have shown those on this list, you should be ashamed.
                      If a male gets discriminated against because he is a male or a white employee gets discriminated against because of being white then it is illegal! Perhaps you should read over the EEOC website on this topic. Here is a press release where 2 males were discriminated against. http://eeoc.gov/eeoc/newsroom/release/10-15-10.cfm

                      I have worked for places where people were termed for being late. Management may have decided to term the next person who was late and it happened to be OP's husband.

                      You are not grasping the fact that a protected class only means you cannot be termed because you are in the protected class but you can be termed for other reasons.

                      Compassion has its place but it doesn't mean giving someone false hope.

                      I think it is clear from your posts that you have no HR background and are giving answers on what you believe should be true.

                      Comment


                      • #12
                        Originally posted by miamstem
                        Oh see I didn't know that you KNEW all the facts about the case and were able to ascertain that it was invalid. ALL the facts had not been listed, why I was questioning the "IF" of the case.

                        As for the misleading part perhaps in some views it’s YOU misleading by not finding all the facts and just shooting people down with “it’s not illegal”. The facts presented did call into the question of the validity of the firing for just being late.

                        I have stated also that IF the firing was due to him being in a protected class it was wrong, did anyone read the post or just come out with attacks because someone dared to disagree with a “super moderator”? And what protected class is a white, heterosexual, non disabled, non veteran male under 35?

                        Perhaps getting ALL THE RELEVANT facts in a case BEFORE you decided to tell people your opinion in what's legal or not should be a priority. And the fact that the last three posters say "nothing in the post states it's illogical", well maybe because the average person on the streets don't know what information to post to show that an illegal act has occurred. ASK questions and TRY to help with a solution and not to be so rude might actually help more people. If the original OP said “my husband who is 55 was fired, when the other guy who was a hour late (25) got nothing” would THAT have triggered your mind to think potentially illegible? ASK THE QUESTIONS!!

                        What’s sad is the people who come here really seem to be fresh from being fired and are truly looking for answers from those that seem to know more. What they are getting is a few individuals who sit on high and cast judgment not based on ALL the facts of the case. Places like this should have more moderation so that CORRECT information with a bit of compassion is passed on to those in need.

                        I truly hope non of YOU ever find yourself on the wrong side of am injustice and if you do I truly hope you find more compassion then you have shown those on this list, you should be ashamed.
                        This is not a sympathy site, this is a legal site. You have just very clearly demonstrated that you know very little (if anything) about the law, so unless you're looking for advice or information from the legal experts here, please remove yourself from this site before someone else removes you.

                        Comment


                        • #13
                          Answers are given based on information provided. We are not here to probe into every little detail, and sometimes when we ask for relevant information, the posters do not respond.

                          Comment


                          • #14
                            Originally posted by miamstem
                            Your right, I obviously do not have the "legal expertise" to be beneficial on this site. OP Please call your DOL they can properly let you know if you have a valid claim.
                            You certainly don't if you think the Dept. of Labor handles discrimination complaints.
                            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                            Comment


                            • #15
                              Originally posted by miamstem
                              OP Please call your DOL they can properly let you know if you have a valid claim.
                              Discrimination claims are handled by the EEOC or the state (Ohio Civil
                              Rights Commission) not the DOL.
                              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.

                              Comment

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