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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 15916
Experience:  Licensed Texas General Practice Attorney
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I was screamed at on rudly talked to and fired for voting

Customer Question

i was screamed at spit on rudly talked to and fired for voting for trump. the issue is that a brother and sister own the company it was the sister that done the firing. and the brother says im not fired. what can i do?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Indiana
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: ive been an employee there for 16 years and am also the vice presdent
Submitted: 2 months ago.
Category: Legal
Expert:  ScottyMacEsq replied 2 months ago.

Thank you for using JustAnswer.

I'm sorry to hear about your situation. Do you know if one of the siblings has the sole authority to hire/fire? Or is it shared?

Customer: replied 2 months ago.
they are shared
Expert:  ScottyMacEsq replied 2 months ago.

Thank you for that additional information. Please give me a few minutes while I type a response. I am still here with you, but it does take a bit of time to type a complete response.

Expert:  ScottyMacEsq replied 2 months ago.

That's where it becomes tricky.

First of all, you need to understand that Indiana is an "at-will" employment state. At-will employment means that without a contract, you have no contractual or other right to employment with the company. The company is entitled to fire you for any reason: a good reason, a poor reason, or no reason at all--as long as the company does not fire you for an illegal reason (race, gender, age, religion, etc...). But it extends beyond firing, to hiring, promotions, demotions, wage cuts and raises, disciplinary actions, and even scheduling. Unless you can show that this was done in violation of a contract, union agreement, or a clear violation of an unambiguous and binding clause against the employer, or that it was done because of some minority status (age, race, gender, religion, disability) that you have, then they do have this discretion. Indiana does not have a "political retaliation" law, so political affiliation, how you voted, etc... is still something that discrimination against you could be legally based on.

Now if one owner that has the same authority to hire/fire as another says you're fired, and the other one says you're not, it's pretty much a stalemate. Now you can still go and file for unemployment if you want to. Or you can stay there until they're both in agreement. Technically you're "fired" but "rehired", and so long as one of them says that you're hired so long as he (or she) says so, then that's going to be the case. If she has a problem with that, tell her to take it up with her brother. Now you can still file for unemployment because you were fired due to no fault or misconduct of your own. But that's entirely up to you. Frankly I would want to get some definitive answer from them whether or not you have a job prior to filing for unemployment just so you wouldn't have any issues that might come up at a later point with the unemployment process.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

Thank you, ***** ***** luck to you!

Expert:  ScottyMacEsq replied 2 months ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 2 months ago.

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions).

If you can't see the stars, you may need to scroll up / down / left / or right to see them. This is where you rate so that the question will close out.

Expert:  ScottyMacEsq replied 2 months ago.

Should I continue to await your response, or may I assist the other customers that are waiting?

Expert:  ScottyMacEsq replied 2 months ago.

Hello?

Expert:  ScottyMacEsq replied 2 months ago.

My apologies, but I must assist the other customers that are waiting. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time (~50 MINUTES) and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

Expert:  ScottyMacEsq replied 2 months ago.

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

Expert:  ScottyMacEsq replied 2 months ago.

Hello?

Expert:  ScottyMacEsq replied 1 month ago.

Did you have any other questions before you rate this answer?

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