Is this legal?

[dc_killz]

(Kansas) I work for my father's company. I have worked there for 6 years. I recently hired a lawyer to have a guardianship order terminated that my mother had on my son. Hearing about this my father terminated me and said that he was firing me due to a conflict of interest. Is this legal? What in the world can I do about it?

Regards,
Derek

 

[cbg]

Yes, it is legal. There is nothing you can do to force your father to rehire you. You can file for unemployment and look for other work, but the issue of being rehired is between you and your father.

 

[dc_killz]

he says if i drop the whole custody case he will rehire me..... which i cant exactly do. Ugh i should have known this would be a big mess**************.....

 

[cbg]

As I said, that is a matter you will have to take up with him. There is no law saying he can't fire you for a perceived conflict of interest.

Google, at-will employment.

 

[dc_killz]

yes it may be legal for him to fire me but is it legal to fire someone in hopes that they drop a court battle?? Isn't that getting in the way of justice somehow?

 

[cbg]

Okay, you don't like my answers, feel free to pay a lawyer to give you different ones.

 

[cyjeff]

No matter how many times you say it... it is a legal term.

You lose.

 

[Banned_Princess]

*****






I guess this OP is asking, is his dad bribing him or extorting him or whatever something like that.




*****

 

[cbg]

He is free to try to persuade a lawyer that that is the case.

However, if his dad sees a potential conflict of interest with continuing to employee the OP while the court case is going on, I can't think of any law that is going to prohibit the termination.

 

[Banned_Princess]

exactly. the termination was good, but the dad is offering op his job back if he drops the suit.

 

[dc_killz]

CBG I like your answer for it was honest.... I was merely trying to explore all the possibilities here************** My mother and father are very wealthy and are trying to cut off all my oxygen. I suppose the only thing for me to do is create more oxygen......

 

[commentator]

File for unemployment benefits. Once you have begun the filing process, you'd be required to make a job search and hopefully you will find another job as soon as possible. It sounds as though they have had you in the family business and under the company thumb for too long. If you cave now, giving in to whatever they demand you do, you will be selling out both yourself and the child to these people.

No, since he (your father) was your employer, he can fire you for anything at any time. But you should have a pretty good shot at unemployment benefits, providing he was paying state unemployment taxes in on you and was not merely paying you in cash under the table. If this was the case, threaten to file a complaint with U.I and or the feds about his payroll practices. If he can threaten you, you could probably threaten him.

 

[dc_killz]

Thank You and yes he does have unemployment benefits. As a matter of fact that is what he said when he fired me, "file for your unemployment and find another job". And yes you are right if i cave now I will probably always be under the company thumb. My job search begins**************..

 

[dc_killz]

and by the way I have helped run that company for six years..... I know of a lot of things that go on "under the table" so to speak. But is it any better for me to threaten him? I will not lower myself to that level. This is a devastating blow to my family already.

 

[commentator]

Notice I said, "if he has not been paying in taxes in on you" you should report this. Some family businesses treat family members as un-taxed unpaid illegal nonentities. If that had been the case, I think it would have been appropriate to complain to the apppropriate taxing departments.

As for not wanting to "stoop to their level" that sounds noble and all, but if they are willing to play "grandchild hostage" at this level, where they will threaten to cut you off from your livelihood to get what they want...as it says in Butch Cassidy and the Sundance Kid, "Rules? There ain't no rules in a knife fight!" Be strong enough to win or they will own you again.