This is in Arizona. I have an air conditioning business and have been charged with Wrongful Termination by the NLRB. They are saying that the employee was involved in concerted activities and that's why he was terminated.
The real story is that we were called by the customer because the crew was wrapping up the job but the A/C Wasn't working. Supervisor shows up and the job site is a mess. He tells the employees that they can't leave until the job is completed and cleaned up. While he was confronting one employee about the issues at the job, the other employee who wasn't being spoken too chimed in and started cussing out his supervisor inside the customers house. The supervisor turned around and fired the employee for mouthing off inside the customers house, after that the employee threatened to fight his supervisor outside. He was finally able to get the employee to leave the job site without any further altercation.
A few months later we were contacted by the NLRB notifying us that they were opening an investigation into the events that took place. After the investigation they notified us that we have been found at fault for wrongful termination and that we owed the complainant a significant amount of back pay.
At this point they have given me the option of a hearing, or to just sign the papers and cut the employee the check. Problem is, I can't afford an attorney, I can't even afford the back pay if I was forced to pay it. They are telling me now that I owe back pay through the whole process so it just continues to accrue (The complainant is unemployed, he has lost his job three more times since we fired him in May.)
There were four people present for the incident, everyone is willing to give their version of the truth at a hearing and all of which agree that He was out of line and deserved to be fired. The homeowner heard the commotion but didn't hear the actual events so he can't really be of any use.
I feel like I'm guilty until proven innocent in this matter. Arizona is a right to work state and I can't imagine a world where we can't fire someone for mouthing off to his supervisor inside a customers house.
The real story is that we were called by the customer because the crew was wrapping up the job but the A/C Wasn't working. Supervisor shows up and the job site is a mess. He tells the employees that they can't leave until the job is completed and cleaned up. While he was confronting one employee about the issues at the job, the other employee who wasn't being spoken too chimed in and started cussing out his supervisor inside the customers house. The supervisor turned around and fired the employee for mouthing off inside the customers house, after that the employee threatened to fight his supervisor outside. He was finally able to get the employee to leave the job site without any further altercation.
A few months later we were contacted by the NLRB notifying us that they were opening an investigation into the events that took place. After the investigation they notified us that we have been found at fault for wrongful termination and that we owed the complainant a significant amount of back pay.
At this point they have given me the option of a hearing, or to just sign the papers and cut the employee the check. Problem is, I can't afford an attorney, I can't even afford the back pay if I was forced to pay it. They are telling me now that I owe back pay through the whole process so it just continues to accrue (The complainant is unemployed, he has lost his job three more times since we fired him in May.)
There were four people present for the incident, everyone is willing to give their version of the truth at a hearing and all of which agree that He was out of line and deserved to be fired. The homeowner heard the commotion but didn't hear the actual events so he can't really be of any use.
I feel like I'm guilty until proven innocent in this matter. Arizona is a right to work state and I can't imagine a world where we can't fire someone for mouthing off to his supervisor inside a customers house.
