Wrongful termination?

[Engineer]

My aunt by marriage was fired from a job in which she had worked for 26 years at a local pharmacy (In Ohio). The "reason" she was fired was because she was told that someone called and complained that they had over-heard her calling the store manager an explitive phrase for someone that is a homosexual. I worked with her for four years before graduating from college and can personally verify that she doesn't even use language like that. This just happened this past weekend and the store is a union shop so the union will have to have a meeting with the company to decide what is to happen. The other employees that were at the store that day back in the pharmacy have stated that they did not hear her say any such thing. I talked to her and she obviously is very upset about the situation. My question to you is that could this firing be grounds for a wrongful termination? If she were to receive the job back she would obviously be going into a hostile work situation because the store manager will be assuming that she said that against him. She was not allowed to read the statement against her at the time she was fired. She continues to claim that she said no such thing so it would be her word and the testimony of the other employees against the occuser's statement.

If you could give me some advice on what to tell her both in whether the termination would constitute a wrongful termination and whether she should be able to get her job back so that I can ease some of her fear I would appreciate it.

 

[cbg]

No, this would not be a wrongful termination under the law. A wrongful term does not mean you were fired for something you didn't do; it means you were fired for a reason specifically prohibited by law. No law prohibits an employer from firing someone because they believe the employee used unacceptable language, even if they are mistaken.

Additionally, a hostile work environment has a very specific meaning under the law, and working for someone who believes she said something out of line about him does not meet that definition.

Whether or not she can get her job back depends on the union. IF the termination violates the CBA (even though it does not violate the law) AND IF the union is willing to fight the termination on her behalf, then maybe she can get her job back (does she really want it?) But the law is not going to force them to hire her back.

 

[Engineer]

Thanks

Thank you for your reply. I would not personally want to go back to that job but she needs the job. She lives alone and therefore pays all of her own bills. The area in which we live has a very very limited job market unless you want to travel very far. Most of the jobs left around here are minimum wage so... Thanks again for your reply.

 

[Green_Hornet]

Given what you wrote I don't see much in the companies favor when the Union files grievance
She should be in contact with the shop steward.

 

[cbg]

I tend to agree, if indeed this is a violation of the CBA. But not having read the CBA, I can't say for certain. I can only address what the law says, and under the law, this was not an illegal term. Unfair, certainly. Illegal, no.

Definitely she needs to be in touch with the shop steward and/or the business agent.