Do we have a lawyer on the forum.

[Elmgrovegnome]

I’ve got a question.

My nephew worked for an Amazon warehouse. He was a first shift manager and his shift employees complained to him about third shift not doing their jobs right and it negatively affected first shift.

So he took the complaint to the supervisors, who in turn began an investigation….of the people complaining! instead of the third shift.

Somehow they got one of the employees to show them his phone(no idea how) and there was some Union info on it. So the guy tries to shift the blame to my nephew. They called him in and asked him about his phone and that this employee told them he had Union info on his phone. Owen didn’t think it was a problem because the Union info was two years old and from his old job. They asked to see it and said okay. Two weeks later they fired my nephew.

Somehow that doesn’t seem right. Is that a legal reason to fire someone?

 

[oldnotdead]

Real easy, he should simply talk to a labor lawyer. Labor laws very from state to state, then add into the Fed laws. Go for a settlement, as getting his job back is working with an anvil over your head.

 

[oldnotdead]

When the Postal Service terminated me one week shy of my 6th year anniversary which would have prevented that, I sued them. Took 8 months but I won. Used the money as a downpayment on a house in San Diego.

 

[FaulkSF]

O

I’ve got a question.

My nephew worked for an Amazon warehouse. He was a first shift manager and his shift employees complained to him about third shift not doing their jobs right and it negatively affected first shift.

So he took the complaint to the supervisors, who in turn began an investigation….of the people complaining! instead of the third shift.

Somehow they got one of the employees to show them his phone(no idea how) and there was some Union info on it. So the guy tries to shift the blame to my nephew. They called him in and asked him about his phone and that this employee told them he had Union info on his phone. Owen didn’t think it was a problem because the Union info was two years old and from his old job. They asked to see it and said okay. Two weeks later they fired my nephew.

Somehow that doesn’t seem right. Is that a legal reason to fire someone?

Agree with @oldnotdead. Unfortunately, it's going to take your nephew awhile for any type of settlement or negotiation.

As a heads up to pass down to your nephew, I'm a supervisor who deals with union employees. I am told by HR management not to talk about Union dealings. The answer is, "I don't know. Consult your union contract or rep." Just some knowledge to pass down.

 

[Elmgrovegnome]

O

Agree with @oldnotdead. Unfortunately, it's going to take your nephew awhile for any type of settlement or negotiation.

As a heads up to pass down to your nephew, I'm a supervisor who deals with union employees. I am told by HR management not to talk about Union dealings. The answer is, "I don't know. Consult your union contract or rep." Just some knowledge to pass down.

That's just it. They don't have a union. He wasn't trying to start one either. They fired him for having union stuff on his phone. Which was two years old being passed around by his former co-workers from a prior job.

It seems strange unless they were looking for a reason to get rid of him. In that case, that doesn't seem like a legitimate reason.

 

[dieterbrock]

As an employee at will, I dont believe he would have much of a claim outside of getting unemployment benefits. What did he receive in writing as to the cause of his termination?
Unfortunately when people get fired, some times their interpretation of why they got fired is quite different than what the employer states.
Frankly, if he believes he was fired for threatening to unionize, and can prove it, he'd be better off saying he is/was, than saying he isnt/wasnt. Because employers are forbidden from interfering in that process.
Final answer? Should probably just chalk it up to a life experience and find another job

 

[Loyal]

As an employee at will, I dont believe he would have much of a claim outside of getting unemployment benefits. What did he receive in writing as to the cause of his termination?
Unfortunately when people get fired, some times their interpretation of why they got fired is quite different than what the employer states.
Frankly, if he believes he was fired for threatening to unionize, and can prove it, he'd be better off saying he is/was, than saying he isnt/wasnt. Because employers are forbidden from interfering in that process.
Final answer? Should probably just chalk it up to a life experience and find another job

corporate apologist!

 

[snackdaddy]

My son works for UPS. He got into a really heated argument with a supervisor. I don't know what it was about but they sent him home without telling him when to come back. Paid him for the next month. Then stopped paying him. But they would not release him to get unemployment or tell him to go back to work. They wouldn't tell him if he was fired or not.

He went a month and half without getting paid. He finally talked to someone from the Labor Board after a week and half of trying. They told him to got a hold of human resources at UPS and tell them they either have to put him back to work or release him from their employment. As soon as he mentioned lawyer they stopped dragging their feet. He ended up going back to work for them and getting back pay for the month and a half. He said they were really afraid of litigation. And the supervisor he got into the argument with totally stays away from him.

Depends on the company. The bigger ones do not want to deal with litigation. So they'll accommodate you if you get a lawyer. Or even mention you will.

 

[fearsomefour]

If it is a right to work state, he is out of luck.
Hire and fire at will for any reason is sort of the general rule there.
The advice above about speaking to a labor lawyer in the state he was employed in is the way to go.

 

[fearsomefour]

That's just it. They don't have a union. He wasn't trying to start one either. They fired him for having union stuff on his phone. Which was two years old being passed around by his former co-workers from a prior job.

It seems strange unless they were looking for a reason to get rid of him. In that case, that doesn't seem like a legitimate reason.

Im sure, if they have that reason documented, it won't be the only reason.
I worked for a large slot machine manufacturer for a short time (garbage place to work).
Anyway, there were a couple of people trying to unionize there and they were all brought in one day and fired.
They were gonna sue etc.....nothing ever came of it.

 

[Mackeyser]

If it is a right to work state, he is out of luck.
Hire and fire at will for any reason is sort of the general rule there.
The advice above about speaking to a labor lawyer in the state he was employed in is the way to go.

Yes and no.

Most employers or hiring managers CAN fire at will in such a state… however, they often fuck up and give an illegal reason… I’m in FL and it’s about as at will as it gets and I know several people who’ve negotiated settlements stemming from an illegal firing.

If they give no reason, very little to no recourse… if they give a reason… there may be recourse… even big recourse.

 

[RAMSinLA]

I stayed in a Holiday inn last night.

 

[RamsAndEwe]

My son works for UPS. He got into a really heated argument with a supervisor. I don't know what it was about but they sent him home without telling him when to come back. Paid him for the next month. Then stopped paying him. But they would not release him to get unemployment or tell him to go back to work. They wouldn't tell him if he was fired or not.

He went a month and half without getting paid. He finally talked to someone from the Labor Board after a week and half of trying. They told him to got a hold of human resources at UPS and tell them they either have to put him back to work or release him from their employment. As soon as he mentioned lawyer they stopped dragging their feet. He ended up going back to work for them and getting back pay for the month and a half. He said they were really afraid of litigation. And the supervisor he got into the argument with totally stays away from him.

Depends on the company. The bigger ones do not want to deal with litigation. So they'll accommodate you if you get a lawyer. Or even mention you will.

Fantastic story. Kudo's to your son!

 

[Dodgersrf]

Don't call an attorney, first.

Start with the state labor board.
They can answer his questions.

 

[AvengerRam]

I am a board certified labor and employment lawyer with 30+ years of practice.

I can’t give specific legal advice (for many reasons), but I will say that, in any situation involving a termination, it is a good idea to try to get the employer to commit to a specific reason for termination. If they have not already done so, filing for unemployment benefits may be an effective way to force their hand.

Once you have their reason, he (or his counsel) can evaluate whether (a) it can be proven to be false, and (b) whether there is a basis to assert that there was an unlawful reason that motivated the decision (ie unlawful discrimination or retaliation).

Good luck.