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Fired for gross misconduct-other

Discussion in 'Termination: Firing & Resignation' started by needhelpplzandthanks, Oct 12, 2016.

  1. needhelpplzandthanks

    needhelpplzandthanks Law Topic Starter Guest

    Jurisdiction:
    Ohio
    My son had been at his job less than a year. He met a girl at work & they started dating. The company never had a problem with this. A month later, the girl broke up with my son. But sent him a facebook message about I will never stop loving you, I want to have babies, grandkids. I want to stay together for ever until we die old together. I don't want to let you go, NEVER!!! Etc that she wrote. She did try to make up with my son, but he said no. So then he told his manager in control of him, that she was coming to his area disturbing him from working, she was following him around. The whole time that tells me she was not doing her job. She was mad that he did not want to get back with her. so she kept bothering him. He always told the manager, The manager did not like my son it sounds like cause she did nothing. sometimes she put them working close like she wanted to see what would happen. He then reported it to other managers. Those managers when his main manager wasn't working that day or trying to get him coached for some reason. would keep them apart. The girl got even more mad, and met him in the parking lot, threaten to beat him up, have others jump him since he walks a few blocks home, and her family didn't like him, etc. She told managers that he was the one threating & etc. She was 18 yrs old threating a 16 yr old minor. The police was called to their job over the last argument they had. My son told her he keeps a knife in his pocket n showed her that he would protect himself from the so called others if they jumped him. even tho self defense laws are no longer practiced in this state. The police said we could press charges on her since she was an adult, & try to get a restraining order since she lied to the police & said he threaten to cut her throat, when the police searched him he did not have a weapon. The police report listed a charge of menacing misdemeanor 4 & aggravated menacing misdemeanor 1. The police listed both under the victims section of the report. They listed her as victim was offender & acquaintance, and my son just as an acquaintance. The next day we went to the police dept to see what our options were. The police officer we spoke to suggested several things when we said we should get a restraining order. He made several good options. We choose not to press charges, cause he said go back to work. avoid her, do not talk to her, let her harass you & get it all on camera. this would support the charges stronger, unless she just left him alone. The job gave him 2 paid days off so they could figure things out. We were told she would be given the same 2 days off. well she was not. They fired my son & she still has her job. The policy is if co workers get into an argument and/or fight, all parties must be fired. just last week 3 people were fired for this, and many more in prior months of this year. but this time, they kept her & fired my son. I also work there, and I was telling managers to keep them apart, and told them about the harassment. and now that they have fired him, they will not even tell me the parent why she is not fired, or what happened or why they won't hire him back since they kept her. it makes no sense. They have listed him as non-re-hirable, this was his 1st job & his 1st girlfriend. termination type involuntary termination. Manager comments listed: was involved in an incident with another associate in which threats were made. upon investigation it was determined that employment with us had to be terminated due to these actions. The police report itself had a few sections of the investigation worded wrong. so it is not correct. She has started this to get him fired, & he may be guilty of a few things, esp letting her provoke him. But she is just as guilty for threating, stalking, menacing, aggravated menacing, threating a minor, etc. any help or suggestions would be grateful. I don't know where to begin. And my son is afraid if I do press charges n get a restraining order that she will send people after him. he is afraid for his life indeed. what should I do.
     
  2. army judge

    army judge Super Moderator

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    Let it go.
    You only get as dirty as a pig when you wrestle pigs.
    Focus on getting your son to graduate high school, then get a trade or go to college.
    The last thing any 16 year old needs is to date.
    Let it go, help your kid behave himself and graduate high school.
     
  3. Betty3

    Betty3 Super Moderator

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    No illegal termination here - they can fire one employee but not another. You just can't be terminated due to a reason prohibited by law such as religion, race, gender or unless you have a binding employment contract to the contrary. It might be best that he does not work there anyway in this case.

    They don't have to give you any information/further details, as the parent, in regard to why they will not rehire him back or why they did not fire her also. They can also change their policies at any time. (unless there is a contract to the contrary)
     
  4. ElleMD

    ElleMD Well-Known Member

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    If he is the one who showed a weapon, especially if this is at work, then I can totally understand why he was the one terminated. Same if you were pestering the managers when it did not involve you and you have no right to the details of any investigation. At work, you are just another coworker. Arguing with any coworker such that police involvement in necessary is not smart to say the least.

    Employers are not known for wanting to put up with teenage dating drama. Suggest to your son he not date those he works with in the future. As an adult should he meet the love of his life at work, one of them should be prepared to look for work elsewhere.
     

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