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unjustly accused

On Lawyer & Legal » Employment & Labor Law

14,867 words with 21 Comments; publish: Wed, 10 Jan 2007 18:58:00 GMT; (800125.00, « »)

ok here gos my wife was recently employed by a company with well over 100 employes. she went through a 3 mo. wait to be made permanent.which was 12/21/06. in those 3 mo. my wife did very well at the jobs she was given ie they hired her. ok this what has happened. first she was told that if a new employe could teach the teacher or help other they sude.well shes very fast learner an did as she was asked. well this came back as she was pushy.so she said ok a quit helping a stuck to her job at hand. working a production line.then becoming a certified lab tech in 2 days no lessand i could go on.next what happen was there were a couple of coworkers males that said sexual things to her an called her names like vanilla pudding .these things were noted by her team leader as she was made to cry several times. well she end up being taken from the line an put in the lab which she really liked .then a transfer from the other side of the plante came into her lab as a shift leader an she was placed on this womans shift as she was a newbie she had to take the worst team. they use a dupont schedule.well this woman didnt care for her . my wife is very lets get it done an done right. doesnt much care for joking around . would not go along with fuging numbers to be top team a sacrafice qulity.so she was pushed back out to the line .were she was to take the place of a team member who was leaving to go to work in the other lab. well she didnt an my wife wasnt wanted by the team but was by the team leader because like i said shes a worker.next she applyed for the open lab job that was left vacant by the person who didnt take it .she was told she would get it .now when she applyed she did an interview the interviewer asked her why she wish to move. an my wife was very up front an told her about being called pushy about the guys talk and about the fuging an that the lead lab tec that had pushed her out an how she had threated to empty a gun in hr office .i sude mention my wife used no names with the interviewer. but hr insisted on name of who said what an who was there. so she told and there were witness .here come what became of it .my wife worked her week out an had 8 days off .well when she retured today they let her work her 12 hour shift an called her in to hr to inform her that she was being suspended with pay for terroristic threatnig an inappropriate touching an not being a team player while an investagation is doen. her team leader says he going to go to bat for her cause he know she didnt do these thing and is being well you know.what should she do. this job was very hard to come by an this could lead to all kinds of trouble here. as its very small an few place to work help!

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  • 21 Comments
    • I understand. The issue is not your bringing it up; I just didn't want to see the thread go off on a tangent, which is what it looked like it was on the verge of doing.
      #1; Sat, 20 Jan 2007 22:25:00 GMT
    • GotSmart, I think you're misunderstanding the OP. He's saying that it wasn't his wife that said that, but rather one of the lab techs.

      I hate to say it, but maybe the employer misunderstood what the wife wrote down. I'm not trying to be disrespectful to the OP or his wife, but if she writes in the same manner her husband does, it very well could have been misconstrued. This of course, is just an idea.

      If anything, the wife should try to contact HR in order to clear some things up. Maybe try to better explain what she wrote in her letter.

      #2; Fri, 12 Jan 2007 11:13:00 GMT
    • First my wifes grammer is much better than mine and she had no problem writting her statement. Yes this was doen as retaliation. Other things said were like i sure do like big asses an talk of sex acts .She reported all this first.Like i said it was another lab tech that talked about doing the shooting.Yes she has written every thing down from start to finish.Oh i did think it rude to assume that my wifes grammer was as bad as mine.But thank you all for any help you may be able to give us. Bill
      #3; Fri, 12 Jan 2007 17:17:00 GMT
    • Doesn't sound to me as she made a threat of violence. What I do understand is their was racial overtones made by the perps. To me this constitues hostile work environment. Check and if MO law has a statue on HWE.

      I had a guard accuse me of making terrorist threats a few years ago. The thing is I threatened to sue the company. And I made it clear that I would use legal means. The investigator believed me, but not her. Because she had a HUGE disciplinary record, compared to a couple incidents that happened to me 10 years ago.

      #4; Fri, 19 Jan 2007 10:10:00 GMT
    • Just to let you all know were we stand now. My wife was fired the other day for inaproppiate touching of a male coworker.They would not say were or when and how she had touched him.But would only give the persons name.She did not do this.We are now seeking legal council.Oh a little info on this company seems it is common place to hire family of all sort. husband an wife on the same lines even .I'am sure this is legal,but not right. I belive this played a big part in the railroading of my wife. Anyway thanks,does anyone know a good attorney in north central kentucky.
      #5; Sat, 20 Jan 2007 21:12:00 GMT
    • Clears it up a little. If she is being retaliated against for reporting sexual harassment , then that is against the law. If she is being treated porrly because her team just doesn't like her or wants someone else in her place, that is unfair but not illegal.

      I'll be honest and say I don't see why calling her "vanilla pudding" is illegal harassment. What type of other comments were made? Those that were just because the team generally disliked her are not actionable.

      #6; Fri, 12 Jan 2007 09:48:00 GMT
    • What I understand is that this is not DSDEN's thread and this issue is threatening (yes, that word) to turn into a thread hijack. So let's stick to dollarbill's issue and not be concerned about the subtleties of the guard's misunderstanding in DSDEN's.

      CBG,

      I only brought mine up because of being falsely accused of wrongdoing. It was a similiar situation, but a different so-called conduct violation.

      #7; Sat, 20 Jan 2007 21:50:00 GMT
    • GotSmart, it was the other lab technician that said (s)he would bring a gun and empty the bullets....not the OP's wife.

      This story is extremely confusing and hard to follow, especially when something of this nature is brought up but THEN it turns around and SHE is accused of making terroristic threats. I'm not sure how all of this translates.

      Sorry, the post is extremely confusing. I just got out of a sub job of teaching 4th graders. Still trying to clear out my brain! :o

      My advice would be to have his wife write down everything that happened. that way she can clearly show where the confusion came in.

      Best of luck!

      #8; Fri, 12 Jan 2007 11:17:00 GMT
    • First my wifes grammer is much better than mine and she had no problem writting her statement. Yes this was doen as retaliation. Other things said were like i sure do like big asses an talk of sex acts .She reported all this first.Like i said it was another lab tech that talked about doing the shooting.Yes she has written every thing down from start to finish.Oh i did think it rude to assume that my wifes grammer was as bad as mine.But thank you all for any help you may be able to give us. Bill

      What was the result of reporting the sexual comments?

      And, I am not being nosy or rude, but is your wife the only or one of the only Caucasian employees? That is the only thing I can figure out that "vanilla pudding" would be in reference to.

      #9; Fri, 12 Jan 2007 17:38:00 GMT
    • It is very hard to follow your story between the grammar, punctuation and spelling mistakes, and I'm not sure what your question is exactly. She is suspended with pay for saying she was bringing a gun into HR and not getting along with multiple coworkers in multiple departments. That's normal.
      #10; Thu, 11 Jan 2007 12:15:00 GMT
    • Just to let you all know were we stand now. My wife was fired the other day for inaproppiate touching of a male coworker.They would not say were or when and how she had touched him.But would only give the persons name.She did not do this.We are now seeking legal council.Oh a little info on this company seems it is common place to hire family of all sort. husband an wife on the same lines even .I'am sure this is legal,but not right. I belive this played a big part in the railroading of my wife. Anyway thanks,does anyone know a good attorney in north central kentucky.

      It's funny they fired her, after they accused her of terroristic threats for inappropriate touching. That tells me they didn't have enough evidence on the initial charge of "threats" to terminate her. So they made something up.

      So you got wrongful termination charge. Second you may have falsification of records if the inappropriate touching was only something they made up. Hope you find a good attorney, and make sure it's a labor law one that practices employees rights only.

      I also think the " I'm uncomfortable" statement from the person that she touched should have been directed to your wife. To me your wife's ex-company needs to be sued. I'd love to be on the jury, deciding your case. I'd give you a $million$ in judgment to start.:)

      #11; Mon, 22 Jan 2007 11:34:00 GMT
    • I don't care how good a worker someone is. Threatening to bring a gun into work is a cause for immediate dismissal. Threatening to "empty" it is cause for calling the police.

      Your wife was completely out of line.

      #12; Fri, 12 Jan 2007 11:00:00 GMT
    • Sorry, but for liability reasons we cannot provide referrals.
      #13; Sat, 20 Jan 2007 21:46:00 GMT
    • This is not wrongful termination even if they did make up the or trump up the inappropriate touching incident. There is no such thing in employment law as "falsification of records". She can not sue because they gave her an improper reason for the termination. I'm surprised they gave her the name of the person who reported the behavior. That was totally unprofessional of them. Whether this person should have reported it to yor wife first or not is debateable but nothing requires it be done that way.

      Wrongful termination means that she was terminated for a reason which is protected by law, not that she was fired unjustly or for a reason you disagree with or even you can prove was false.

      If they let her go because they want to bring in a family member it is unfortunate, but perfectly legal. Nepotism is not against the law.

      Given the whole background here, much of which was hard to decipher, it can't hurt to talk to a lawyer just for peace of mind if nothing else.

      #14; Mon, 22 Jan 2007 11:50:00 GMT
    • GotSmart, it was the other lab technician that said (s)he would bring a gun and empty the bullets....not the OP's wife.

      This story is extremely confusing and hard to follow, especially when something of this nature is brought up but THEN it turns around and SHE is accused of making terroristic threats. I'm not sure how all of this translates.

      #15; Fri, 12 Jan 2007 11:11:00 GMT
    • mommyof4 After the first two reportings were made,a team meeting was called and things were better for a few day. The calling her vanilla pudding was done by a white male and only he says this.what he is getting at is he would like to eat my wife. Understand? Is this not sexual? I'am asking you all! To help you understand my wife has fair skin and is blonde.To digress, My wife reported the harassment and about the other lab tech saying she would empty her gun in HR,to HR first,allso to her team leader first. Now a week and a few days later someone has accused my wife of terroristic threats, inappropriate touching and not being a team player.Is this not retaliation? I agree with GotSmart in that the law sude have been called in .I belive it is civil duty to report these kinds thing,but nothing was done to those who said or did theses thing .I belive because the ol buddy system is in place here and my wife is an outside. I hope this help clear things up ,and that you find my grammer getting better. Well thank you all for any help you may be able to give. BILL
      #16; Sat, 13 Jan 2007 06:58:00 GMT
    • Threatening to sue doesn't mean you have a case. The company may or may not be swayed by it but I would not recommend making empty threats or trying to make threats to get your way. It may not work to your favor to do so.
      #17; Fri, 19 Jan 2007 13:21:00 GMT
    • Threatening to sue doesn't mean you have a case. The company may or may not be swayed by it but I would not recommend making empty threats or trying to make threats to get your way. It may not work to your favor to do so.

      Elle,

      You don't understand what I meant. The guard mistook "my threat to sue" comment as a threat of violence.

      #18; Fri, 19 Jan 2007 20:36:00 GMT
    • What I understand is that this is not DSDEN's thread and this issue is threatening (yes, that word) to turn into a thread hijack. So let's stick to dollarbill's issue and not be concerned about the subtleties of the guard's misunderstanding in DSDEN's.
      #19; Sat, 20 Jan 2007 05:40:00 GMT
    • I am very sorry it is hard to follow my story because of my grammer an all. First it was not I say. Not my wife that said they would use all there bullets in hr .It was the lab tech that had move from the old lab to the new lab my wife was working in at the time.This woman is a long time employe.She did not like my wife from the start. So when a opening came on the line my wife was pushed back out to it. But the person who made the opening by moving to the old lab decided not to move.The team she was to move from made it very clear they wanted that person who was suppost to move to stay.And asked my wife what are they going to do with you now.So from that day on they were [all the team ]very rude and would not work with her but aginst her.There were also a few males on this team that would say sexual things to my wife . As in dirty talk and calling her vanilla pudding.So my wife applyed for the old lab job that was left open to get away.In so she had to write a letter to request. In this letter she was to explane why she wished to move. In this letter she desribed some of what had been taking place.Well the head of HR grilled my wife on what she had wrote.Because my wife had used no name.She was forced some what to tell all.This was at the end of a work mo. So my wife had 8 days off .When she retured to work they worked her that day and at the end of the day HR called her in .She was told that she was now being investagated for terrorist threats,inaproppiate touching and not being a team player and would be layed off with pay untill a investagation was done.I was allso trying to get a cross that my wifes top team leader was the only one who saw how hard my wife was working and wrote her a great work reviue.which made her a full time employe. He also had talk to the team about the way they (the team) had been treating my wife. I hope this clears things up.
      #20; Fri, 12 Jan 2007 03:19:00 GMT
    • Still not following the pudding comment, but that is a separate matter it seems. Unless the accusations against your wife were fabricated and the company knew it and was only terming her because she had complained in the past of harassment, it is legal. If the company has reason to believe that the accusations are true, then they may legally term.
      #21; Tue, 16 Jan 2007 11:35:00 GMT