What can my friend do about getting wrongfully terminated?

2016-08-15 10:17 pm
My friend who works for company A gets stuck in a mantrap security door in company B. Breaks down the door to get out and gets terminated by the employer(A).

My friend attempted to contact security and other building personnel to no avail. Can the grounds for breaking down of the door be due to false imprisonment?

I mean you are literally trapped in a small room where the security staff and building personnel are not responding.

What can my friend do? Sue for negligence, false imprisonment, ...damages(mental stress can claim claustrophobia)???

回答 (11)

2016-08-15 10:22 pm
So, you figure destruction of employer property is a-ok?

It's not. THIS is why your idiot friend got fired. There is likely a policy in place governing how to deal with this - breaking down the door ain't it.

But, spend a few hundred on a lawyer to find this out.
2016-08-15 10:24 pm
Not much. Employer A can usually fire your friend for any reason unless in a union or has an employment contract. He also can't sue the company for false imprisonment or negligence when his own negligence caused the problem. Much depends on how long he waited before breaking out.
2016-08-16 9:06 pm
it all depends on the why of the termination, and what methods did he use prior to breaking the door and the timeframe involved......
2016-08-15 11:38 pm
There is no wrongfully terminated, at least in the US. He has no lawsuit either.
2016-08-15 10:47 pm
Setting aside issues of "at will" employment, if company B complained to company A about the damage he did to their property, then company A had grounds to terminate him "with cause." Customer complaint is always a valid reason to fire someone. The only exception would be if other employees had likewise purposefully damaged customers' property, or had similar altercations with customers, but didn't get fired "with cause." Of course, he could sue company A regardless, but he wouldn't win.

However, he may have a case against company B. The loss of his job because of the incident constitutes general damages and serves to validate any cause of action he might undertake. Seeking merely punitive damages is not allowed in most states, so one must prove an actual financial loss, which unless he was physically injured and had to seek medical treatment, he would not have without the job loss. Essentially, had he not been fired, he'd not have had sufficient grounds to win an award from company B.

Suing company B could lead to a monetary settlement or award, but not reinstatement to his job. Just based on what you said, it sounds like he has a case. He could make that case himself in small claims court, petitioning the court for the maximum, or he could contact an attorney about suing company B for an amount greater than $5,000 or whatever the statutory limit is for small claims court in your area by suing company B in civil court. Any time you sue someone, you only get one bite at the apple, so if he sues in small claims court, he can't sue again in civil court and vice versa. So he must decide.
2016-08-15 10:32 pm
He has no case against Company A. They are not responsible for the door.

Employment in all states except Montana is at will. That means you can quit at any time with or without notice and for any reason or no reason at all. It also means they can terminate you for no reason or any reason that does not violate EEOC guidelines.

If he had permission to enter the first door at Company B and was trapped due to no fault of his own he *might* have a case against Company B.
2016-08-15 10:30 pm
your friend could try the labor board
2016-08-15 10:24 pm
Depends how long he waited, I mean obviously if you break it unreasonably you will get fired with no severance.
2016-08-15 10:24 pm
Go look for a new job.
2016-08-16 12:22 am
There is NO SUCH THING as wrongful termination in the US unless it is retaliation for reporting illegal action or for being a member of a protected class. Neither comes anywhere close to describing your situation.

Actually, it is physically impossible to be trapped in the manner you describe.

收錄日期: 2021-05-01 21:06:30
原文連結 [永久失效]:
https://hk.answers.yahoo.com/question/index?qid=20160815141742AA080pd

檢視 Wayback Machine 備份