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Can he be fired?

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china_cat84

Junior Member
What is the name of your state (only U.S. law)? Iowa

My husband (we'll call him John) works at a Distribution Center Warehouse for a large company - a company similar to Home Depot or Lowes. He has a very good work record - he has never missed a day even when he's been very sick. He works very hard and the company has even paid for him to fly to Wisconsin to be trained further. He is a 28 yr old white male.

On 12/19/08, John was driving a forklift. The cement floor is exposed to the weather and was a little slick and icy. When he was going in reverse, the tires slid a little on the ice and he accidentally bumped into a man walking across the floor. This man, as it happens, does not work for the company. He is just a truck driver who had just dropped off his cargo. After John bumped him with the forklift, the man slipped and fell on the slick floor. The man then jumped up, apparently unharmed, and began cursing and screaming at John.

At first, John's supervisor told him everything was fine and nothing was going to happen. A couple hours later, John was called into the office and told that the man said he had been hurt and that John had hit him on purpose. He had threatened to sue the company. John DID have a witness - another employee who had agreed that it was an accident and signed a statement saying so. However, John's supervisor says that he will probably be let go because if the incident - that they won't know until Monday, December 29th.

Also, they won't disclose whether or not the man is hurt or how badly. I wouldn't think he was hurt very much if he could manage to jump up right after the accident.

I was told by several people that they can't legally fire someone for an accident. I have no idea. John is the sole wage earner in our household - I'm a stay at home mom and part time nursing student. If he get's fired, we're screwed. We live in a very small town and no one is hiring. I don't know what to do.

If you can provide links to any information, that would be great! Thanks!
 


Zigner

Senior Member, Non-Attorney
Is your husband part of a union?

Outside of that, yes, he can be let go for any reason (or none at all)
 

cbg

I'm a Northern Girl
I was told by several people that they can't legally fire someone for an accident.

"Several people" are wrong.

Don't get me wrong. I'm not saying John should be fired. I don't think there's any reason to fire someone for an accident. But if they DO fire him, it's legal, unless he has a bona fide, legally binding contract or CBA that specifically says otherwise.
 

china_cat84

Junior Member
Thanks everyone. I thought as much. I know that you can't be fired if you're hurt at work and you apply for workers comp but I know that Iowa is an at will state. I do think it's stupid that an employer can just fire someone for pretty much any reason. I mean, they could even fire you because of race or age or because you're female because it's so difficult to prove that they fired you for those reasons. Thanks anyway.
 

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