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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 3164
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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A current employee, senior position had an incident with a

Customer Question

A current employee, senior position had an incident with a business owner last week. The owner was entertaining guests on an importnat night and was drinking. The staff member made a demeaning comment regarding and operational situation targeted at the owner and unfortuately the owner attacked back regarding the management skills that the employee should be able to deal with the issue. The employee then refused to serve the owner, an arguement broke out where the employee walked out and the owner followed lettting the employee know not to enter the building, swearing was involved.
The owner called a meeting apologising for the way the situation was handled. The staff member accepted and was given a few days off to rejuvinate. The employer explained that he was obviously under the influence of alcohol and continuosly apologised enforcing the fact that there was no intention behind what was said. The staff has called a meeting with a solicitor telling me he can go all the way - ?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Hammer O'Justice replied 7 years ago.
What is your question?
Customer: replied 7 years ago.

The staff member accepted the apology and admitted he wasn't in a good frame of mind due to family matters. I understand swearing is not right in the work place but it appeared this matter had been resolved. This was an isolated incident and it seems the employee is after money or effects to that matter as he mentioned potentially re-negotiating a new contract.

Questions; Have the correct steps been taken by the employer in handling the situation?

Can the employee attempt to extract money from this situation? Is this blackmail?


Expert:  Zoey_ JD replied 7 years ago.
Is this a US matter? If so, in what state did this occur. If not, I can transfer this to where an expert from your country would be likely to see it.
Customer: replied 7 years ago.
In Australia
Expert:  Zoey_ JD replied 7 years ago.
I will opt out and then transfer this to the Australian law area.
Customer: replied 7 years ago.
Thanks for that, please transfer immediately for response from Australian law area
Expert:  Zoey_ JD replied 7 years ago.
I've already notified the site that this is in the wrong category and told them to move it to Australian Law. Sometimes it's not acted on immediately, but the issue has been flagged.

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