Employment Law Questions? Ask an Employment Lawyer.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.
Before I ask questions about your situation, I need to make sure that you understand how the website and rating system works.
Many times in employment law situations, and particularly in employment at will states, the law is not in favor of the employee. When that happens we have to give the person asking the question bad news. It's true, but sometimes it's not in their favor.
On this website the customer rates us experts at the end of the question and answer and every now and then a customer is unhappy about the law and gives a negative rating. Unfortunately, that negative rating is taken by the website to be a reflection on me, indicating that I wasn't polite, wasn't prompt, or provided a wrong answer.
I'm more than happy to discuss this with you, but I just wanted to make sure that you understood how the system works and that you will rate me on my professionalism and not on whether the law is in your favor or not, since I have no control over that.
With that understanding, do you want me to discuss this in more detail with you?
Yes, I understand, just wanted to see if there was anything as this is a defamation of character and he was not giving any written warning and no details.
He wouldn't have a cause of action against the employer but it is possible he would have one against the other employee. Do you know exactly what they said?
No, they did not tell him but he is calling tomorrow morning and asking the head of HR for the details? Is that what he should do?
It wouldn't hurt. He could also request a copy of the paperwork although they aren't required to give it to him in Ohio without a court order.
Ohio is extremely pro-employer and an employee doesn't have much of a chance.
But suing the other person could work and he could subpoena his personnel file in that lawsuit.
Sounds like we are not going to win anything and these people will continue to do this to any supervisor they hire on this shift. Thank you, XXXXX XXXXX wanted to check.
Unfortunately you may be correct. This would be the only avenue to pursue.
I would like to sue this person so that it does not happen to another person but I think it's best we move on and not lose money as well.
It would cost you some money to sue them and you may never collect even if you win.