unjust!

[justavictim]

What is the name of your state?WA STATE

I was fired for "liability" reason's from my employer. I was the victim of an attack by my ex-roomate. There is a no-contact order, he got evicted from the apt, arrested/felony whole 9 yards.

Basically the next monday after this happend i told my manager what happend. The next day i had a meeting with another manager she was concerned because we work at the same place. I work a graveyard shift 7pm-6am and he works 630am-330pm. She stated she was going to talk to my ex-roomates manager to figure out a schedule change so there would not be any overlap if we had to work overtime or anything.

2 days later (a friday) i get a call from that same manager person saying that we both were laid off for "liability" reasons. Since i am the victim of the original crime and this has nothing to do with the workplace did i get terminated illegally? Or would i have a case at against this employer?

 

[cbg]

In my opinion and based solely upon the facts available in your post, it is possible that you might be able to eke out a case for wrongful term but I wouldn't hold my breath on it.

In order to have a valid case for wrongful termination, it has to have been ILLEGAL to terminate you. There has to be a specific law that is being violated by your termination. Such cases are going to break down into two categories; violations of Title VII (race, religion, national origin and so on) and violations of public policy. A public policy violation is one in which you are termed BECAUSE OF your application for or use of a right or benefit that is protected by law.

In this instance, you MIGHT be able to persuade a governing body (I don't know who handles such things in your state) that you were fired BECAUSE you exercised your right to file a police report about the attack. That's going to be mighty slim, however.

Your employer is going to counter that you were fired not because you reported the attack, but because your presence and his together constituted an unsafe environment for their other employees. Whether it actually did or not is irrelevant; if they honestly feared that having you both on site was an incident of workplace violence waiting to happen, they had a right to take steps to protect their employees.

It's a very tough call and I strongly recommend that you discuss it with a local attorney. It's really going to come down to the VERY specific facts of the issue and any state, local and municipal laws.

 

[justavictim]

I am still waiting on a specific lawyer to return my call about this case.
What i was thinking is this enough grouds to get my position back? Maybe a letter coming from a lawyer would be enough to atleast get my position back? ie: Just stating the facts that i am a victim and it was wrong to take me out of the situation when i didnt do anything wrong.

 

[cbg]

It depends on how agreeable your employer wants to be.

Unless whatever jurisdiction (court, department of labor) handles public policy violations in your state determines that you HAVE been wrongfully termed (and as I said it's a chance but not a very strong one) they cannot be legally forced to reinstate you whatever the reason. It's not impossible that a letter from a lawyer requesting your reinstatement on these grounds might persuade them, but it's not a legal requirement.

 

[justavictim]

TYVM for your advice CBG!