[QUOTE=Shadow8IA;1148616]
Quote:
Originally Posted by rubicon
As a former non Union employer in an at will state. I could fire someone if I didn't like the color of their shoestrings and there was nothing they could do about it. End of story..no lawsuits
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Shadow: You are correct in that statement except that if any employee really believes it wasn't the color of their shoe strings that was the cause then s/he could institute a lawsuit to determine that perhaps it wasn't the color of his/her shoe strings at all but the color of his/her hair which is now gray.
Suppose a vice president was terminated because the president didn't like the fact that he wore hush puppies and the president wanted all his staff to wear winged tips and dress in pin striped suits and power ties. Suppose Human Resources warned this elitist thinking president to reconsider and he ignored this advice and went behind HR back and fired the guy anyway. And suppose the guy was one of the protected classes and sued claiming discrimination
A good trial lawyer and believe me when I say many trial lawyers are excellent would carry that employee through a Human Rights hearing with the end result being the ALJ declaring that the plaintiff had a right to sue and then the trial lawyer would sue and then would level such an attack that this company would surrender because it would be more economical to settle the lawsuit rather than defend it.
This example is why many in this nation want to apply the British rule wherein the loser of a lawsuit pays the expenses.
This is also why when someone says "I can fire you and you can' do anything about it" causes some to say that's your opinion and their remedy is called due process. And you know juries often don't like people who say I can fire you and you can't do anything about it.
Personal Best Regards: