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We are being sued!

post #1 of 20
3/15/06 at 8:04pm
Thread Starter 
This one really takes the cake! An employee that I fired last week for missing six days of work in his first five weeks here claims he is going to file a discrimination suit against us. He claims that we discriminated against him because he is a veteran of the Iraq war.

I fired him because he called in sick too much, which I didn't think he was, for lying, and a poor attitude. Another employee saw him driving down the road just minutes after he called in sick for the sixth time. I also caught him lying about a few other things.

Fortunately, I have all his time records and made documentation of his missed work and a few other issue. I can't image a lawyer taking his case. Personally, I think he is blowing a bunch of hot air!
Bill
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post #2 of 20
3/15/06 at 8:39pm
Sorry to hear,
I hope things work in your favor. I mean if, like you said all documentation was filled out. And writen warnings were signed. Then you shouldn't have any problem. Just remember to keep calm. That's the most imporant thing right now! GL!
:ciao:
professionalism .
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post #3 of 20
3/16/06 at 6:48am
Most of the time it is hot air, and before it can go to a legal court, your State labour board will have to make a decision on it.
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post #4 of 20
3/17/06 at 9:24am
hopefully it gets thrown out or something. sounds like a pretty bogus lawsuit right there.

like chef said, just find all the documentations and keep calm. good luck...
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post #5 of 20
3/17/06 at 2:52pm
Sounds like a good reason to add an arbitration clause to your hiring agreement. It's cheaper for all concerned.
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post #6 of 20
3/17/06 at 3:24pm
what ever happens don't lose your cool, keep a level head and stick to the facts
Chef Steve



Chef Steve
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post #7 of 20
3/17/06 at 6:45pm
Thread Starter 
Chef Steve and all,

Well I've kept my cool but my boss was about to blow a gasket! We haven't heard a word from him much less his lawyer since he called last Friday. I think the guy was blowing steam at my boss and trying to get her mad, which he did. Bad move on his part, you don't want to make my boss mad!

I wasn't really concern one way or the other as his adventures and miss worked were well documented. Besides, I've been around long enough to know when someone is full of (pardon my language) BS.

On the bright side, my new night assistant is working out great! He's a real go-getter, doesn't smoke, does exactly like I ask him to, he is fast, cleans the kitchen like a mad man, and hasn't called in sick yet.

He does have one habitat that bothers me though - he keeps calling me SIR! LOL
Bill
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post #8 of 20
3/25/06 at 3:45pm

Some people....

........ make a living out of this sort of move......
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post #9 of 20
3/25/06 at 6:24pm
So when you hired him you weren't prejudiced? You just suddenly developed anti-Iraq-War-Syndrome in the last 5 weeks?

What an idiot. And what a disgrace to the honorable soldiers who are in harm's way for our benefit.

Mark
Salad is the kind of food that real food eats.
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post #10 of 20
3/27/06 at 12:17pm
I can totally see a lawyer taking this case. Absolutely I can. Doesn't mean it'll get far, but there are people willing to try ot make a buck anyway they can.

One of my bossed got "mad" at me for calling him chef all the time, eventually we got to the point where we would call each other anything that we were comfortable with. It made for a great working relationship for us both. It also lightened up the whole kitchen, when a few other people would only be happy making things tense among other people.
Life without broccoli isn't really life, is it?
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post #11 of 20
4/14/06 at 7:03am
Hey fairfieldchef... Any news on this? I am curious to know if the guy actually did anything in terms of follow through?
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post #12 of 20
4/14/06 at 4:11pm
I'll chime in on this one since I have some (very little) experience with the law and lawyers (studied law in undergrad, not a lawyer). Unless this employer is a chain organization and has a history of firing or discriminating against similar individuals (veterans of the Iraq war), no lawyer in his/her right mind would take this case. There is probably not enough money involved. Lawyers take cases they believe they will win and those where there are a lot of $$$ attached. Believe me, law school is expensive and demanding. Once you graduate there are loans to re-pay and hours to bill. Lawyers (contrary to popular belief) don't waste their time on disgruntled, blow-hards. This disgruntled ex-employee is simply making a threat. Perhaps in the hopes of getting some pay-off from his/her ex-employer. Were it me, I'd tell him/her to go pound sand! Also, if he/she continues to call you on the phone, record the calls (tell them you are recording this call), and then report it to the police as harassment. Thanks for reading and good luck!

Steve
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post #13 of 20
4/14/06 at 10:09pm
Thread Starter 
We haven't heard a word from him or his lawyer.

The bad thing about all this is I hired the guy because he was the son of one of my friends and that he DID serve our country in the military. I felt it was an idle threat but because he did threaten to sue us we ran a background check on him. Between our documentation of his work record with us and his background check, I really don't think he wants to go to court. I guess we need to do background checks on everyone now.
Bill
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post #14 of 20
4/14/06 at 10:14pm
The thing about backgrounds checks is scary to think about, On the one hand, you NEED to protect your business, on the other hand, what does a background REALLY say about how well a person can cook? Just because someone had problems in the past, it may be "on his or her record", but what if you are passing up someone "great'? it's like a catch 22.

I believe you have to tell people you will be reunning a background check on them. not sure if that's the law or not. But that would also weed out bad seeds too, just knowing that there might or will be one run on them.
Life without broccoli isn't really life, is it?
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post #15 of 20
5/12/06 at 8:38pm
lots of flakes will say, they want to sue for this or that, well, just for a test, call a lawyer & say you want to sue for this or that & watch how quick they blow you off, they are used to flakes who call them all day long for stupid gigs. They are professionals at blowing off weirdos & such.
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post #16 of 20
5/13/06 at 10:23am
you do have to step a little carefully in that regard - a place without systems, policies and procedures leave both them and their supervisors/managers without any safeguards against any frivolous or vexatious claims.

Having a well thought out policy in place, tells everyone - work for me, im fair, d*** with and, well you'll know the rest.

Once emotion enters your judgement, - regardless of duty to land, et al, who knows how often this service will be used as currency?
"Nothing quite like the feeling of something newl"
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post #17 of 20
5/13/06 at 11:18am
Nick.Shu,
Can't agree more. Show up at a labor or workmans comp hearing without SOP's in place and proper documentation and you have a hefty lawyer bill.
Lets not forget that a lawyer will twist and turn any story to see If the can run it up the flag pole. Weido,nuts, doesn't matter. Interns need to make a name and will investgate every little thing.
pan

Never! Live To Work!:::::::Work To Live!::Life Is To Short!!
Paninicakes.com

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post #18 of 20
5/23/06 at 8:13am
He may have been serious but no lawer is going to take the case. They need to see enough money in it for them to even bother. I would think a case like this they only get paid if they win and then only get a percentage so do not worry about being sued.

Sounds like the guy does not have enough money to pay for the services he needs so this problem will just go away.
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post #19 of 20
5/28/06 at 7:39pm
Louisiana is an "At-Will Employment" state. Check out http://www.laworks.net/job_laborlawfaq.asp?Portal=JOB for info.
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post #20 of 20
6/1/06 at 3:59pm

Chef-ed

I GO THROUGH THE SAME THING ALMOST ON A DAILY BASIS, IF HE THREATENS AGAIN CALL HIS BLUFF AND TELL HIM TO DO WHATEVER HE HAS TO DO. ALWAYS GO ON THE OFFENSIVE NOT THE DEFENSIVE. AS LONG AS YOU HAVE EVERYTHING DOCUMENTED YOUR BUTT SHOULD BE COVERED BUT MY ONE QUESTION IS HAS HE EVER BEEN WARNED PRIOR. GOOD LUCK CHEF ED
CHEFED
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