The person I fired a couple of weeks ago sent off a barrage of legal actions against me. I think maybe it is over, she got a job 1000 miles away and will be moving. I have spent the last couple of weeks talking with my HR person and lawyers. It appears that you do not need any truth based in instigating legal actions.
- Thread starter David G
- Start date
"you do not need any truth based in instigating legal actions"
That's the biggest overstatement of the obvious that I've seen all week. LOL
I haven't figured out who those lawyers are threatening to sue in those new commercials about China not buying corn. I wonder if any farmers are foolish enough to jump on that one.
That's the biggest overstatement of the obvious that I've seen all week. LOL
I haven't figured out who those lawyers are threatening to sue in those new commercials about China not buying corn. I wonder if any farmers are foolish enough to jump on that one.
john in la
Well-known Member
Farmers suing china because they will not buy a product (gmo corn) they do not want.
Ain't that like someone suing me or you because we do not like or want to buy xxx
Tide
Dawn
Borden milk
ect............
Ain't that like someone suing me or you because we do not like or want to buy xxx
Tide
Dawn
Borden milk
ect............
60 acre hillside
Member
There are some things you may say in firing a worker that could present a risk of litigations. It is better not to give a reason.
I wouldn't get too worked up over it. People do this all the time when in their mind you fired them for personal reasons and not based on company policy. If you followed company policy you have nothing to worry about. Remember, you don't make the rules you just get to enforce them weather you agree with them or not.
I fired a guy last week for cheating on his time card. He had been punching in and then leaving to take care of personal business. It took me three weeks to catch him, but finally was able to catch him in the act. We have a large facility and it is easy to leave and not be noticed. As near as I could tell he got me for eight hours in two weeks.
Greg
I fired a guy last week for cheating on his time card. He had been punching in and then leaving to take care of personal business. It took me three weeks to catch him, but finally was able to catch him in the act. We have a large facility and it is easy to leave and not be noticed. As near as I could tell he got me for eight hours in two weeks.
Greg
My brother fired an employee who happened to be a 58 year old black man. Yep they got sued for "racial Discrimination" and "Age discrimination". They turned it over to a lawyer they have on retainer. During the interview the lawyer established that the man worked for them for about 9 months before they let him go (actually he was told to go home and come back tomorrow when cooler heads could sort it out, he never came back). The lawyer comes down to the last question "Was he Black and over 55 when you hired him?", Hmmm yes he was. The lawyer than states well you can't be to prejudiced if you hired a 58 year old Black man. He then explained the employee's lawyer was a recent graduate of one of the nearby law schools, didn't have a real job and spent a lot of time filing lawsuits that probably wouldn't go anywhere, and not to worry most of the judges in the area couldn't stand the guy.
Greg as you most likely know that falls under theft. That's as good as an excuse to fire someone as there is as long as you can prove it.
As far as people threating litigation over anything you have no way of knowing what they are telling a lawyer. The lawyer has know way of knowing if the got told the truth. They really can't do much but go with what a person tells them. On the other side most workers, or at least low level ones have no idea what constitutes "wrongful dismissal".
Only thing that you can do is make sure that you have all your ducks in a row and a paper trial.
Rick
As far as people threating litigation over anything you have no way of knowing what they are telling a lawyer. The lawyer has know way of knowing if the got told the truth. They really can't do much but go with what a person tells them. On the other side most workers, or at least low level ones have no idea what constitutes "wrongful dismissal".
Only thing that you can do is make sure that you have all your ducks in a row and a paper trial.
Rick
Rick you are right as it is theft and can even be called job abandonment. I used two things to get rid of him. Improper time reporting as stated in the company hand book and theft. HR was right behind me and said I did it right and that we will have no problems should he decide to fight. As a manager I hate firing people. It is truly the hardest part of the job.
Greg
Greg
David, "It appears that you do not need any truth based in instigating legal actions."
As an Attorney I can testify I have seen legal actions that weren't based on truth in my opinion.
There can be causes of action regarding such things as malicious prosecution, filing frivolous knowingly false lawsuits, etc. and for perjury. Often times, however, intent (if its a required element) can be hard to prove.
Best wishes
John T Country Lawyer
As an Attorney I can testify I have seen legal actions that weren't based on truth in my opinion.
There can be causes of action regarding such things as malicious prosecution, filing frivolous knowingly false lawsuits, etc. and for perjury. Often times, however, intent (if its a required element) can be hard to prove.
Best wishes
John T Country Lawyer
that one gets me in trouble every time ,giving a sound reason ,,.I had some tuf teachers lol ,watching Dad and Mom was not how the modern world worx today .. Back in the common Sense Days ,, My Uncle would ,cuss someone down one side and up the other, and threaten to punch them , if they didn't get off the place now ,,,, then cool off and go over and see the guy the next day and hire him RITE back .TIme and AGAIN ..LOL ..what still holds true today , Like the last strw that broke the camels back , there usually are lots of aggravating circumstances,, but not a solid case ,,. kinda like running the wrong oil in a pc of equipment,,it worx barely but not rite ...
They are suing the company that released the corn trait before it was approved for export to China.
They are not suing China.
On the other hand, China does not care nor is bothered by the corn trait,; they are using it as marketing leverage to lower the price of corn they need to import.
Lot going on there, but not what some of you are getting out of it.
In the end, China got cheap corn, the seed company sold its seed corn, a group of lawyers will get $40,000,000, and farmers will get a chech for $80 to make up for the ten to thirty cents a bu they lost.
All comes out fair in the end anyhow.......
Paul
They are not suing China.
On the other hand, China does not care nor is bothered by the corn trait,; they are using it as marketing leverage to lower the price of corn they need to import.
Lot going on there, but not what some of you are getting out of it.
In the end, China got cheap corn, the seed company sold its seed corn, a group of lawyers will get $40,000,000, and farmers will get a chech for $80 to make up for the ten to thirty cents a bu they lost.
All comes out fair in the end anyhow.......
Paul
I figured she would be up your backside after that. Imagine if you would have told the boyfriend. Yikes!
I've been sued. I hired a lawyer, and my lawyer said to just go fight it myself because it was so ridiculous. I took his advice and I won. Makes me undefeated in court. LOL
I've been sued. I hired a lawyer, and my lawyer said to just go fight it myself because it was so ridiculous. I took his advice and I won. Makes me undefeated in court. LOL
Geo-TH,In
Well-known Member
I totally agree, don't give then an excuse to sue you. I told a tenant I wasn't going to extend her contract. She kept asking why? I told her I made up my mind she was moving because she violated the terms of contract and that was that. She moved and thought she could sue me. Without giving her the exact reason, she couldn't do anything.
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