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Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 34419
Experience:  More than 30 years in legal practice.
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My son watched a posted facebook video of blacks dragging

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My son watched a posted facebook video of blacks dragging white people out of their vehicles and beating on them. It upset my son to the extent he made some bad comments and used the "n" word about them plus a few other derogatory remarks after watching the video. It went viral. Because of this he was terminated from his job. His immediate supervisor was upset with management because my son was his best worker. My son was also very courteous with the black workers and even helped them with their work. He was well liked by all. He explained to to management that his facebook comments were meant only for the individuals in the video and not all blacks. Can he do anything legally to get his job back?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Tennessee.
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Full time, non-union. He is considered a heavy equipment operator.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Only that he has never had any other problems in the two years he's been there and never misses work. Always there on time.

Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I appreciate your patience as I review your question. I will post my response shortly.

This is general information and no attorney client relationship is established.

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Does he have a written employment agreement for a fixed term requiring cause for termination, discipline or demotion?

Customer: replied 1 month ago.
Not that I'm aware of.
Customer: replied 1 month ago.
I'm sorry. I'm retired and on social security and cannot afford any additional expenses. I was only trying to get my son some help. Thank you anyway.

Thank you for the additional information. I am sorry to hear of your son's dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

Without a written employment contract requiring cause for termination, your son is, in all likelihood, an at-will employee. As such, he serves at the whim of his employer. They can change his duties, compensation, schedule or even terminate for any reason or no reason at all.

The only exception is that any action taken against him may not be motivated by illegal discrimination (race, religion, disability, ethnicity, etc.) or sexual harassment.

Otherwise, without a claim, as described above, the courts view this as office politics and offer no judicial or administrative remedy. In other words, you would need to seek recourse within the HR department.

I am sorry. I wish I could tell you otherwise, but I do not want him spinning his wheels with this.

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Loren and 3 other Employment Law Specialists are ready to help you