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Wrongful Termination?

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jener8tor

Junior Member
What is the name of your state? Arizona

My husband worked for a company that is a vendor for a well-known home improvement store. His work site was in two of the home improvement stores and he alternated between two of the stores every other day. A few weeks ago he was approached by his supervisor and told that they would be moving him to another store since there was a report by one of the employees that they did not "feel comfortable" around him. That was it. No who, what, why, when or how. So my husband went to a different store puzzled and wondering about what happened. About a week later, he was approached by his supervisor and manager. He was told they there was another report from an employee about them not feeling comfortable around my husband and that they did not want him working in any of their stores. The reason? He had embraced the employees. Subsequently, he was terminated as he was not able to work in their stores.

While what my husband did was classified as an "embrace", what it was was a simple pat/ squeeze on the shoulder. My husband's supervisor/ manager acknowledged he had done it to them during conversation and my husband even admitted to doing it. So it was not specific to these 2 employees. My husband's supervisor/ manager gave him their apologies and expressed their regrets for what happened, but their hands were tied.

Everyone knows that some people are touchy/feely or use hand gestures/ physical contact during conversation. That is exactly what we're talking about here. How can he be terminated for something he was subconsiously doing? Had he been told after the first incident, he could have been aware and made an effort not to do it.

My husband contacted his employers HR Dept but was told there was nothing in writing regarding these incidents, nor did they know anything about it. He then contacted the HR Rep for the home improvement store and they told him the same. My husband then spoke with the home improvement store manager and he put it back on my husband's supervsor/ manager. No one would talk to him about it.

About a week ago, he received his final paycheck with a Notice of Termination which lists the reason of termination as;

"NOTICE OF TERMINATION: HR Manager Store #406 AND Store manager #404 called District Manager and asked that Rep no longer be allowed in their stores due to letters they received from two female employees stating the Rep was touching them inappropriately"

If they are alleging sexual harrassment, then why not call it like it is? I understand that each individual has their "safe zone" and their own perception when it comes to things like this. However, doesn't the person receiving the unwanted advances (so to speak) have a responsibility to tell them, "hey, that makes me feel uncomfortable, please don't do that again", or something to that effect? It's just ironic how the second report came days after my husband mentioned the first incident (i know his mistake)

Is there any recourse or is he just another victim of "unfair but not illegal?" We also frequent this store since it's the only one, of this sort, in the area. Is this not some form of deformation of character?

Thank you
 
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BelizeBreeze

Senior Member
jener8tor said:
While what my husband did was classified as an "embrace", what it was was a simple pat/ squeeze on the shoulder.
That is wrong. What your husband did was place his employer in danger of a sexual harrassment suit.

Explain to your husand that keeping his hands to himself will go a long way to keeping him working.
 

jener8tor

Junior Member
To BelizeBreeze

So is this all the "legal" advice I get from this site? My fault for assuming that the responses would be a little more professional than that.
 

Beth3

Senior Member
So is this all the "legal" advice I get from this site? My fault for assuming that the responses would be a little more professional than that. Hey - it was the weekend. We're not "Time-Life operators" standing by.

Everyone knows that some people are touchy/feely or use hand gestures/ physical contact during conversation. That is exactly what we're talking about here. How can he be terminated for something he was subconsiously doing? Because he was an "at will" employee and therefore can be terminated for any reason except a specifically prohbited one.

If they are alleging sexual harrassment, then why not call it like it is? Do you really want your husband to have to tell prospective employers that he was terminated for sexual harassment? And his former employer to state that when contacted for a reference? I don't think so. It's to your husband's advantage not to have his employer categorize his termination under that reason.

I understand that each individual has their "safe zone" and their own perception when it comes to things like this. However, doesn't the person receiving the unwanted advances (so to speak) have a responsibility to tell them, "hey, that makes me feel uncomfortable, please don't do that again", or something to that effect? There's no legal responsibility to do so if that's what you mean. It's too bad neither of these individuals (or anyone else) elected to tell your husband to stop however.

Is there any recourse or is he just another victim of "unfair but not illegal?" No, there is no recourse.

We also frequent this store since it's the only one, of this sort, in the area. Is this not some form of deformation of character? No. The store has the right to refuse to allow your husband to come on their property.

I've worked with men who are touch-feely. Some I haven't minded because it was clear there were no "intentions" and I would categorize those guys as buddies. Others, however, gave me the willies because it was either too familiar or there was some sort of subtext. Which category your husband fell into is up to the perception of the employees he touched.
 

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