Terminated

[Fugue]

Mexican man skips work to March on Monday.

Gets fired for not showing up.

Wants to file suit.

Kansas is an at-will state.

Does/should he have a claim?

Discuss

[OklahomaTuba]

Is he legally here or illegally?

If illegally here, screw him, he has no rights.

[1stTimeCaller]

either way he doesn't have a leg to stand on does he? In 'at will' states you can be fired for wearing an orange shirt if your boss hates orange can't you?

If he can prove that other people in the past have missed work in the same manner i.e. called in/didn't call in and were not fired then he might be able to win. Hell, I dunno.

[sooner n houston]

Even if here legally he can still be fired. If I take a day off without permission or notice, I would be fired as well.

[Fugue]

He is a legal citizen.

[soonerbrat]

he shouldn't but they'll probably go ahead and file suit and get some kind of settlement for him.

[critical_phil]

In 'at will' states you can be fired for wearing an orange shirt.......


this should be legal in every state........

[slickdawg]

I thnk the Messican has to find another job, he's not going to win a lawsuit.

[OUDoc]

I'd doubt he has a case.

[OhU1]

If no prior approval Mexican is gone. Assuming boss has the backbone to follow through.

[Tailwind]

He should not have a case.

[Taxman71]

At-will employees can generally be fired for any reason under the sun...unless the firing violates anti-discrimination laws (gender, religeon, etc.). A firing for missing work is not discriminatory. If it is based on his heritage, possibly.

[FaninAma]

No case. None. Zero. Zilch. Any attorney that takes his case should be disbarred.

Texas is an at-will state and as a small business(ie. practice) owner my attorney said I could fire an employee for any reason even if I didn't like the way theiy combed their hair.(His words, not mine)

[Fugue]

No case. None. Zero. Zilch. Any attorney that takes his case should be disbarred.

really?

HEH!

[OhU1]

Close to what Taxman said, may have a problem if you state as a reason for firing that it is based on the employee's political expression away from work.

[1stTimeCaller]

If I were the guy's attorney I'd want to see that the employer fired non-hispanics for the same reason. If I found that non-hispanic people were in fact not fired for missing a day the same way my client missed Monday then I'd bring up discrimination.

I'm obviously not an attorney and I don't think the guy should have a case but this is America, everyone has a case.

[yermom]

protesting away from work is one thing... protesting by not going to work is quite another

i just hope we as a country can recover from this one-day disaster, i know around here it's going to take a long time

i hope they never do that to us again :rolleyes:

[SoonerInKCMO]

If he can show that other people at the same employer have missed work and not gotten fired, then he has a case.

[soonerbrat]

yeah..what happened with that? was the economy in dire straits?

[1stTimeCaller]

we bout went into a depression much like the '30s

[Sooner in Tampa]

Did he really protest, or did he just shine work for the day under the assumption that he was protesting?

Not that it really matters.

[Fugue]

Did he really protest, or did he just shine work for the day under the assumption that he was protesting?

Not that it really matters.

thats a good question that I'm sure will be brought up.

[soonerbrat]

so he'll have to have some kind of proof he was protesting.

[Fugue]

so he'll have to have some kind of proof he was protesting.

perhaps not, but if the defense has evidence that he sat at home all day eating :twinkies: it may become relevant.

[soonerbrat]

or not. he could say that is his form of protest.

[Sooner in Tampa]

so he'll have to have some kind of proof he was protesting.It's Kansas...he will just have to get the other 4 people that protested with him to verify his attendance. :eddie:

[SCOUT]

I don't think he has much of a case. His employer can fire him for any non-discriminatory reason and not showing up for work would certainly qualify.

The employer being inconsistent doesn't necessarily mean anything. The fired employee would have to demonstrate that he did it to be discrimiantory and not because it was a busy time at work - for example,

The sad thing is that an attorney will definitely take this case assuming that a company (the bigger the company the better) would rather pay $10,000 to settle than possibly pay hundreds of thousands to prove they were right in court.

[Fugue]

It's Kansas...he will just have to get the other 4 gillion people that protested with him to verify his attendance. :eddie:

KS is a railroad state. Mucho Mexicanno or something.