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My husband was called to bosses office yesterday and asked…

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My husband was called...

My husband was called to bosses office yesterday and asked about equipment he moved for testing. When he saw co-worker he asked him if he told manager he moved equipment. co-worker said yes and husband said in what context because they thought i stole something co-worker said lets go see boss and husband said no i'm all set already saw him and walked away. (husband was upset due to being called down but didn't yell/swear just asked question). he was called down fifteen minutes later and asked for keys and said investigation was happening and escorted out. He was told to be there today 10am. He went in and they terminated his employment they said due to retaliation. He stated he asked a question. Can he do something about this (appeal / file complaint). He just had excellent review three weeks ago and was praised by all.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Massachusetts

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

I'm sure it was at will and full time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

He didn't get a chance to defend himself and this other co-worker has been trouble and he went repeatedly to human resources over the past year and was told to let it go

Submitted: 10 months ago.Category: Employment Law
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Answered in 2 minutes by:
9/28/2017
Employment Lawyer: RobertJDFL, Lawyer replied 10 months ago
RobertJDFL
RobertJDFL, Lawyer
Category: Employment Law
Satisfied Customers: 15,330
Experience: Experienced in multiple areas of the law.
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Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

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Employment Lawyer: RobertJDFL, Lawyer replied 10 months ago

Good evening,

Because your husband was an at will employee, based on these facts, while I don't think your spouse did anything wrong at all, unfortunately, his employer can legally terminate him at any time, with or without cause. If he had an employment contract or collective bargaining agreement through a union, he may have more rights, but the majority of employees are like your husband, "at will."

Now, even if your husband is an at-will employee, he still cannot be fired for reasons that are illegal under state and federal law. In these situations, the government has decided to make an exception to the general rule of at-will employment.

For example, if his employer is subject to federal and state laws prohibiting job discrimination (as all but the smallest employers are), he cannot be fired because of certain characteristics, such as race, religion, or gender. Similarly, a person cannot be fired because they have complained about illegal activity, about discrimination or harassment, or about health and safety violations in the workplace. And you cannot be fired for exercising a variety of legal rights, including the right to take family and medical leave, to take leave to serve in the military, or to take time off work to vote or serve on a jury.

It doesn't sound like, based on any of the facts provided, that he was terminated for an unlawful reason, regrettably. And despite the fact that he was a very good employee, he can still be terminated due to his at will status. Because there was no unlawful reason for the termination, I do not see grounds to fight it.

I'm sorry I cannot tell you otherwise.

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Employment Lawyer: RobertJDFL, Lawyer replied 10 months ago

If you require any additional information or clarification, please REPLY WITHOUT RATING and I'm happy to help you further. Otherwise, kindly remember to click on the stars at the top of the page to leave me a positive rating as experts are only compensated for our time and efforts once you do so. Thank you.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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