10 Points to best advice! .... He got fired & his boss pushed him into the wall ... what kind of legal action?-Offistart

Background:
My husband switched careers from construction to an office position. He didn鈥檛 have much experience so the general manager wanted to hire him temporarily...He did an excellent job according to the business owners his boss and even the general manager. Everyone liked his work ethic and the way he did his job鈥? Something that was 6 months behind, he caught up in 3 weeks!

They owners/his boss decided they would like to give him more responsibilities because he was doing such a good job. They asked him and he excitedly accepted. Then suddenly the general manager told him that he is doing a great job for a temporary employee and that he is still accepting applications. Neil asked what he was doing wrong and the GM said just work on what you鈥檙e doing. Then the GM decided to go and tell the owners he wouldn鈥檛 cut it, and that he already has someone in mind. One of the owners approached my husband and said Your doing a great job, well get this taken care of you will be permanen

Yesterday he called into his boss said he would be out and asked if it was ok, his boss said yes call and let the GM know, so he did. When he went into work today the GM said you did a no-call no-show yesterday your fired. They got into it a little bit and they he was like fine I鈥檒l go.

He went to his computer to delete the pictures of him and I and the GM ran over and said 鈥渨hat are you doing!!鈥?and pushed him out of the way. He told him 鈥淵ou saw what I was doing, deleting my pictures.鈥?They argued a bit and then he went to delete another of his pictures and then the GM pushed my husband up against the wall!!!

One of the owners called and apologized and said this would be taken care of, either way what legal action can be taken 鈥︹€︹€?/div>

Report It

He can file a police report against the GM for battery.

However, as personal (not legal) advice, since the owner apologized and said he'd take care of it, I'd give them the chance to do so first. Your husband is a construction worker who's been promoted into an inside job. If he files a formal complaint he's almost certainly going to need a new job, with no decent reference from his current employer. Chances are that will mean going back out into construction.

He's in the right.... but does he want to be in the right on unemployment, or swallow his pride and keep his job? I know it sucks but sometimes that's how it goes.

As an aside, he had no legal right to delete his pictures from a company owned computer against his managers wishes. Once you put something onto a company computer, THEY, not you, have the authority to decide what is done with them. He should as soon as possible delete ALL personal files from the computer, and not put any new ones on there.

Richard

The GM could be arrested for assault.

If the owners say they'll make it right, then he should give them an opportunity to do so.

But I think your husband should make it clear that "making it right" will include his continues employment there, without the possibility of interacting with the GM.

Which really means "fire the GM", which will likely happen anyway. But don't say that, just say you don't want to have to deal with him.

If your husband is in a forgiving mood, he could offer to not press charges on the assault if he's confident that the company is handling this appropriately. This will give the company a chance to let the GM leave knowing he won't face jail.

It sounds like the owners are good people. Your husband should work with them however possible. They'll value a good worker who values a good working environment over an opportunity to sue.

For starters, call the cops and file assault charges on the GM. Then talk to the owners about wrongful termination and being assaulted by one of their employees.

Umm... i believe you could press assault and battery charges but technically thats about all i think and if he got injured any you might be able to sue(doctor bills pain and suffering type thing)

go to you state department of labor or work center web site and file online.
.
You need an EOE approval for anything else..
You can also file a complaint with OSHA and the Fed Department of labor.
Each has a website, yet, you have to do it timely like now, there is a time limit...
also, he should hafve filed a police report, as it is considered an assault he may still be to do, just depends on the time frame..

Well that is assult, a employer cant put hands on you. I would definatly get the police involved. As for being fired I would have your husband fight it.

sounds like an assault to me, your husband should have left the premises and called police after the incident and he still can. file a police report, press charges if possible and file a law suit against the firm.

Have him push for an out of court settlement of 2 years salary, (might bargin down to 1yr salary.) If not threaten legal action and record any conversation between him and the company to hopefully get an admittion of guilt by the company. Without it there might not be adequate proof that it happened. Also go to the labor board of your state and file a hostile work enviroment deal. They can point you in the right direction.

Assault charges maybe...
might not stick but as they say in the NYPD....
"you can beat the rap but not the ride"
that higher management apologized
and said that "it would be taken care of"
indicates they have some concerns.
file assault charges.....
see what happens