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Author Topic: Help  (Read 863 times)

someonewhocares

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Help
« on: Aug 03, 2005, 09:42:22 AM »
My friend just called me and his employer just told me his ex father in-law called his boss and told him if he does not fire my friend the company he works for would not do any work with them. The ex father in-law works for a very big oil company and I know that the company would not put up with this.

My friend has an attorney but she is out of the office until Monday. She had told them if anything comes up to call her on her cell. My friends boss told him not to worry about it becase they do not care what he says they are not going to fire him.

The problem is that he has done this before to my friends dad and he was fired. They are currently going to court to enforce visitation. His ex has denied visitation over 90% of the time in the last 3 years and the judge just lets her get by with it. New lawyer this time around though.

My questions:

1. Is this something that he should wait until Monday to call her or should he call her cell phone like she said?

2. Should he contact the company and file a complant or let the attorney handle it?

3. Should he get a written statement from his employer about what was said?

Thank you so much on any assistance you can provide.



socrateaser

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RE: Help
« Reply #1 on: Aug 03, 2005, 10:34:56 AM »
For the purposes of this discussion below, I will assume that this is all hypothetical rather than real, because I cannot assist a person help a third party with a legal issue, because to do so is to aid the first person in the unlicensed practice of law. In the future, please post as if it is "you," rather than your friend who is requesting help, or I won't respond.

>My questions:
>
>1. Is this something that he should wait until Monday to call
>her or should he call her cell phone like she said?

I don't think that this is requires an emergency call to the attorney.

>
>2. Should he contact the company and file a complant or let
>the attorney handle it?

There's nothing to complain about, as the company hasn't done anything except receive a phone call demanding the employee's termination.

>
>3. Should he get a written statement from his employer about
>what was said?

If this is possible, it would be great. However, I doubt that any manager at a large corporation would put such information in writing, because of the possible legal implications that would follow from such compelling evidence.

Interference with contract is a common law tort that occurs where a person interferes with the contract expectancy of another for a reason not related to ordinary free market forces. Your facts show that your friend's child's grandfather has attempted to interfere with your friends employment contract with his employer, because he has demanded that your friend be fired in order for the grandfather to continue in business with the employer. This is not the operation of ordinary free market forces, such as offering to beat someone else's price for a product or service, in anticipation of a timely expiration of an existing contract. Therefore, this is tortious interference.

Your friend would be entitled to compensation for lost wages, payable by the grandfather, were he to lose his job as the result of the grandfather's interference. He would also be entitled to the expenses directly associated with finding new employment, such as gas, vehicle wear and tear, phone charges, resume charges, etc.

Wrongful termination is the termination of an employment contract for an improper purpose. In some States, an employment contract may only be terminated when the employee has done something to justify the termination -- called "cause." In other States, an employer can terminate an employment contract for any reason, even a bad reason -- called "at will." If the employment is in a "cause" State, and your friend is terminated, then that would be an improper purpose, because the firing would be caused by a demand from the grandfather that has nothing to do with your friend's job performance. If the employment is in an "at will" State, then the firing needs to be based on conditions under which no reasonable person would be willing to work. It's fair to say that a company who would fire an employee because a customer wants to punish the employee for trying to exercise lawful custody over the employee's child is such a situation. Therefore, in either State, this would be a wrongful termination

Your friend would be entitled to compensation from the employer for lost wages, benefits, etc., as well as the cost of finding new employment, and your friend could probably obtain an injunction ordering the employer to rehire your friend. If this were a small company, an injunction would probably not issue, because of the impossible work conditions that would probably result, but in a large business, where company officers are as worried about public opinion as they are about lawsuits, the court would likely issue an injunction if requested and your friend would be immediately rehired.

The trick to all of the above is "proof." Even if everything that you say has happened exactly as you say, it may be quite difficult to get someone in management at the company to admit it. But, if your friend  can get something in writing on the company letterhead and signed by a manager, regarding the incident, that would be very, very good.

Good luck.


 

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