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Termination-Employee Rights Vs Rights of Employer:

Discussion in 'Termination: Firing & Resignation' started by lonny-h, Jul 19, 2021.

  1. lonny-h

    lonny-h Law Topic Starter New Member

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    Hello.

    I was terminated on July 2 2021 from a medium sized company that sells corrective shoes and other accessories to correct foot and toe deformities. I did deal the public as far servicing and visiting existing clients. I was a good employee with 2 years of service. I had very serious work ethic. I am no angel but I am certainly not a bad person.

    A while back just for fun I went to a place that employs women to provide some innocent fun to any one looking for something more than a conventional relationship with the opposite sex. I learned about this place while attending a bachelor party in October. Maybe some people frown on this but I feel it's my business what I do after hours. Maybe without realizing it the visits became more frequent and I foolishly got intimately involved with one of the ladies assigned to me.

    This practice is not illegal but they do have rules and regulations. Also, they state that client's do this at their own risk and that they are not liable if something goes wrong that the customer is not happy about.

    Not sure how it happened but my employer found out that I did utilize these services frequently. I was contacted by HR and my direct manager on June 17th and told I was suspended for 5 days while an investigation was being conducted. They didn't explain at that time what exactly was going on?

    On July 2nd, I was contacted by HR and my direct manager and told that I was being terminated due to conduct which is unacceptable and that this conduct could paint the company in a negative light and hurt business, employee morale etc. I got a letter from their attorney about 7 days later basically giving me the same reasons for termination only in more detail.


    Recently, some friends and family members became upset with me telling me that I brought this on myself and that they are ashamed of me and that I am sick in the head etc.

    Ques are- why is it an employers business what I do after hours? Is that legal? Is it invasion of privacy if an employer investigates my personal life? Is it an employers right to question employee moral attitudes? I have no proof-but what if someone tipped off my employer and because i was terminated can I sue the person that reached out to my employer? I wonder if this info could end up being recorded somewhere? If so can that hurt future job opportunities? What can be done?

    I think they just don't understand and they probably have the wrong idea about what goes on at these places. People are probably a bit prudish and they are living in the year 2021 with a 1950's mentality. I got angry when a family member compared me to a hooker. I can say honestly nothing illegal took place between the women and me. Yes--you are not supposed to become involved with the women intimately but it happened and I can not change that fact. Please reply to my questions above. Thanks.
     
  2. justblue

    justblue Well-Known Member

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    No, it is not illegal to fire you. No, it is not an invasion of your privacy. If someone did indeed tell your employer that you frequented Sex Clubs/Gentleman's Clubs, while you could sue, you are very unlikely to win such a suit.
     
  3. Tax Counsel

    Tax Counsel Well-Known Member

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    That depends on the nature of the business and what is is you did. If your activity is something that might make the business look bad to customers, for example, then it could cause the business to lose some customers and that of course is a very legitimate concern for a business.

    In most every state terminating an employee because of activity outside of work is legal. I can think of just one state that expressly prohibits an employer from discriminating against an employer because of conduct outside of work so long as that conduct was legal, and that state is not California.

    That would depend on what actions the employer takes in that investigation. There are certainly a lot of things it can do that are legal. For example, it can research public records to see what information they have on you.

    You could file the lawsuit, but you'd lose and might get hit for sanctions for filing a frivolous claim. The information that you go to these places was true, so there is no defamation here. And apart from defamation there is no cause of action that would cover this.

    By the way, what you did might indeed be illegal. If what is going on here amounts to exchanging anything of value for sex then you are committing a prostitution related offense.
     

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