What are my rights if I was fired becuse a large woman at the restaurant I work at filed a written complaint stating that I had said ,”You can’t fit in a booth”.
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are my rights if I was fired becuse a large woman at the restaurant I work at filed a written complaint stating that I had said ,”You can’t fit in a booth”.
My exact words at the time had been, “Would you prefer a table?” My manager fired me anyway. My co-workers have stated it is unusual for someone to be fired based on “an offhand comment” And in fact, this woman had mentioned a server as discriminating against her due to her weight, but the server wasn’t fired; Just me. Is scapegoating legal? In addition, since her complaint was false and led to me losing my job, do I have case for libel and defamation of character?Finally, I have asked for a formal letter of termination and have tried to document correspondence, with no response.
Asked on October 24, 2012 under Employment Labor Law, Missouri
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
1) Scapegoating is not illegal: employers constantly fire one employee when someone else made an error or did something wrong. Think about the big banks in 2008: how many CEOs and CFOs, who actually set disasterous policies, were fired, as opposed to how many mid-level managers who had no real power or authority and were not at fault?
2) If you did not have an employment contract, you were an employee at will, and could be fired at any time, for any reason.
3) Your employer is under no legal obligation to give you a termination letter or other documentation.
4) If the woman made a false statement of fact about you which damaged your reputation, as you seem to indicate, you could potentially sue her (the woman; not your employer) for making it; this would be a defamation lawsuit, and if you wish to explore this option, consult with a personal injury attorney.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.