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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 26805
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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The General Manager at my wifes work had been abusing her

Resolved Question:

The General Manager at my wife's work had been abusing her power and making my wife miserable. My wife was a shift manager but was being forced to do tasks that were not required by other shift managers and constantly being cursed out for any and everything. After taking her problems to the owners, she was told she was the best employee they had and they felt more comfortable knowing she was there than they did with any other person. She was told to make a list of talking points to have a sit-down with an owner and the Harassing General Manager to clear the air and set things right. She was promised by the owner that there would be no backlash from the meeting and he admitted that the GM wanted to fire my wife just because she didn't like her. He said he was not going to allow her to fire my wife for any reason. My wife went into the meeting with the assurance her job was secure. He called and fired her on Sunday. (not room to finish story)
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Dwayne B. replied 1 year ago.

JD 1992 :

Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.

JD 1992 :

Is there a specific question I could assist you with?

Customer:

We believe we have a case for implied promises and fraud with the recorded conversations we have. We are wondering if it would be worth following this course or if they can just get away with these betrayals. He literally told her I cant afford to lose you when my wife told him she had been looking for other employment due to the abuse by the GM. She passed on two other job offers to stay there after he promised she wouldn't be fired. Then he fired her anyhow and when she said "You promised this would not happen" he said "Yeah, I know. I'll learn to keep my mouth shut in the future". Please help if you can. It's a sad day when people can do others this way without blinking an eye.

JD 1992 :

There is no cause of action for "implied promise". There is an "implied contract" cause of action but that would require that they receive something in return. Arguably, her turning down other jobs would be equivalent to them receiving something so there is at least a potential for her recovering unde rthat theory.

JD 1992 :

I don't see a fraud cause of action in your facts.

JD 1992 :

Has your wife gotten another job yet?

Customer:

So the commitments that he made to deceive her are perfectly ok? Yes, but making $10.00 per hour less.

JD 1992 :

I'm not saying they're okay but they would only be actionable under the breach of implied contract theory and those are hard to prove on an employment law case. The problem is that OK is an employment at will state and an employer can terminate at any time for any reason other than one like race, age, gender, etc.

JD 1992 :

OK courts generally do not recognize implied contracts of employment so she would have to argue it was a regular oral contract and not an implied one.

JD 1992 :

OK is, like most of the states around it, an extremely employer friendly state.

Customer:

We knew in Oklahoma it would be difficult. Nothing here protects employees from this. Just hoped since she had so many things recorded we could make a difference here.

JD 1992 :

No, not unless she can convince the court that it was an oral contract. Most lawyers are going to want to be paid up front to take the case and investing that kind of money probably isn't wise.

JD 1992 :

The case is too hard to make.

Customer:

Thank you for your time

JD 1992 :

I'm sorry I couldn't give you better news but, unfortunately, that is sometimes the case with questions about the law.

Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 26805
Experience: Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
Dwayne B. and 6 other Criminal Law Specialists are ready to help you
Expert:  Dwayne B. replied 1 year ago.
Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR JD 1992” in the subject line or as the first words of your question and I will pick up as soon as I see it.

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