Wrongful termination due to a complaint possible in this case?

[dz882211]

What is the name of your state (only U.S. law)? Missouri

My friend has a legit complaint against a manager. She is afraid to go to higher management about the complaint however because she has been late to work 9 times and the limit is 6. She has not yet been fired for it but she is afraid that if she makes a complaint 1) the manager in question would fire her in retaliation or 2) another manager would fire her for her tardiness. Would her complaint lead to being fired in either case? And if she were to be fired would she be able to file for wrongful termination in either case?

 

[las365]

What is her complaint? Why isn't she posting here herself? She would be better off to supply information and get responses herself.

 

[dz882211]

What is her complaint? Why isn't she posting here herself? She would be better off to supply information and get responses herself.

It is complicated as to why she does not post here herself.

However this is the background information:

He has very recently been complained about for discrimination making comments such as "All women are idiots" and "I hate working with women."

Her complaints are along the lines of him sharing information about other employees evaluation, the more humiliating the evaluation of one of the employees the more he wishes to share to her about them during her evaluation which makes her incredibly uncomfortable. For instance, he made one employee burst into tears during her evaluation (this one was before my friends evaluation). When it was my friends turn, he states "I hope you don't start balling like so-and-so did" and then precedes to tell her all about the evaluation she had with that particular employee and his other employees and sharing confidential and personal information about the evaluation. He then tells her "If you tell anyone that I have told you this, then I will lose all trust in you."

There are more inappropriate things that he has said/done but this is her main complaint because it 1) makes her uncomfortable and 2) puts her in a place where she has to keep this secret or else it would disrupt the workplace.

 

[pattytx]

Other responders may disagree, but "I hate working with women" is, although a really stupid thing to say, his opinion and probably not, in and of itself, discrimination. Has she told him that such statements make her feel uncomfortable? Has she told him that she does not want to be told about other employees' evaluations? Has she told his manager or HR that he is making these statements?

See, this is why we want the person who has the question to make the post.

 

[eerelations]

It is complicated as to why she does not post here herself.

Knowing why she won't post here might help us formulate answers.

 

[dz882211]

The discrimination against women (the comments I have posted) were complaints that have already been filed by a different employee who has gone to the head manager. This employee was asked to put it in writing and to go to her if the manager started treating her different and that is all.

As for why the employee I am talking about does not post here herself...

1) She does not have her own computer
2) She would not post on a website such as this anyway. She suffers from an almost severe case of OCD (A disorder which can make you worry and worry) and in situations like this, where she is worrying one way or the other, it puts her in a complete stand still.
3) I have told her I would find out for her.

 

[commentator]

commentator

There is no such thing as "wrongful termination" in Missouri. She can't sue him for anything that I can see unless it were an EEOC complaint based on those basics. I agree that "I hate working with women" is not enough of an EEOC violation to be very significant. Sharing negative information about this woman with another employee is not terribly huge here, either.

She is already in position, with her nine episodes of tardiness when six is the firing number, that she can be terminated for actual misconduct as defined by the employer at any time, particularly if she been written up or warned about these tardiness occurances.

It'd be hard to prove that such a termination was in retaliation for any complaint she had made to the mangers' manager about discrimination. Especially since the problems seem to be more of a personal issue against her than a generalized overall bias against her sex as a whole.

In any work situation, if I was not able to work with or get along with the immediate supervisor, I would try to work this out with someone higher up before I quit the job. As there have been complaints from other employees about this person, perhaps another would cause the higher ups to notice a pattern going on and try to correct it. There is, of course, the risk that this will call attention to her 9 tardinesses, when the supervisor attempts to defend his position and treatment of her.

Under NO circumstances should YOU, for her, attempt to intervene or talk to anyone such as the manager, his supervisors, or other employees. This would achieve nothing but to anger them, and make her appear to be that much more of an incompetent employee. You have nothing to threaten them with, no way to force them to change their behavior.

 

[racer72]

So it's okay for her to violate company policy but she wants to raise a stink when someone else does?

 

[cbg]

I do not agree that there is no such thing as wrongful termination in Missouri. In any state, there are a few things that it is illegal to term someone for.

However, EVEN IF a complaint about a manager saying he doesn't like to work with women were protected, and I do not believe it is based on the way this has been described, she could legally be fired for exceeding the number of legit absences without it being illegal retaliation.

 

[commentator]

commentator

Point agreed upon, cbg, it's just that so many people have this misconception, "They can't do this to me, can they? I can sue them for 'wrongful termination!'"

When the truth is, as you know, that there are very very few things that you can sue an employer for firing you for. (Whew! Convoluted sentence!) As I have always noticed, people think they have a lot more rights than they do in the workplace.

Relieving them of this belief is an important part of helping them figure out what is going to work or be helpful in their situation.

 

[mlane58]

check-out racer72 posts. This person is an expert in everything and will love annoying you with pointless personal attacks. GREAT ADVICE BUDDY!!!!

Oh! check you out pal, just an idiot trying to make someone else look bad. What advice have you given?---NADA, ZIP, ZILTCH!!!!!!!!!!!!!!!!!!!!