Fired Employee threats

[Maine_Employer_207]

I own a small business in the state of Maine, it is an at-will state. I had a general manager at my business and in the last 6 months other members of the staff informed me that the manager was saying horrible things about me, the owner, and behaving in a very disrespectful fashion as well as making the work environment super hostile. I never wrote up the manger for this because I did not want him to know the other employees were telling me about his behavior. A few days ago I fired said manager telling him I was taking the business in a different direction and that it was obvious that he had lost all respect for me and that we could not work together.

Since then the employee has via text said that he was likely to speak to multiple lawyers and is implying taking legal action vs me and my companies.

Do i have anything to be worried about in terms of a wrongful termination law suit or similar? I thought that in an at- will state you can basically fire anyone for any reason even if its not fair?

We are a small business and I don't want to get sued and deal with all the B.S. that comes with that any information or thoughts would be greatly appreciated.

 

[quincy]

I own a small business in the state of Maine, it is an at-will state. I had a general manager at my business and in the last 6 months other members of the staff informed me that the manager was saying horrible things about me, the owner, and behaving in a very disrespectful fashion as well as making the work environment super hostile. I never wrote up the manger for this because I did not want him to know the other employees were telling me about his behavior. A few days ago I fired said manager telling him I was taking the business in a different direction and that it was obvious that he had lost all respect for me and that we could not work together.

Since then the employee has via text said that he was likely to speak to multiple lawyers and is implying taking legal action vs me and my companies.

Do i have anything to be worried about in terms of a wrongful termination law suit or similar? I thought that in an at- will state you can basically fire anyone for any reason even if its not fair?

We are a small business and I don't want to get sued and deal with all the B.S. that comes with that any information or thoughts would be greatly appreciated.

Although anyone can sue for pretty much any reason at all, there does not appear to be a legitimate reason for the former manager to take legal action against you, based strictly on what you have said here so far.

Did the former manager provide a reason why he believes he has cause to sue?

 

[zddoodah]

Do i have anything to be worried about in terms of a wrongful termination law suit or similar?

Without knowing about every interaction between you and the fired employee and between the fired employee and other employees regarding you, it's impossible for anyone here to categorically dismiss any concern. That said, nothing in your post suggests he has a viable claim.

I thought that in an at- will state you can basically fire anyone for any reason even if its not fair?

Yikes...NO. At-will employment (which is the law in every state except, I believe, one, and even in that state, it applies in most cases) means that (1) an employee may quit at any time and for any reason, and (2) an employer may fire an employee at any team for any reason that is not expressly illegal (e.g., discrimination on the basis of race, ethnicity, gender, etc.).

I don't want to get sued and deal with all the B.S. that comes with that any information or thoughts would be greatly appreciated.

If you have a lawyer whom you use with any regularity, I suggest you confer with him/her. If you don't, then you might consider a consultation with a local attorney. You should preserve all existing communications and the employee's personnel file/records. You probably would be advised not to respond to any communication from the employee.

 

[quincy]

… Since then the employee has via text said that he was likely to speak to multiple lawyers and is implying taking legal action vs me and my companies. …

…You should preserve all existing communications and the employee's personnel file/records. You probably would be advised not to respond to any communication from the employee.

Maine_Employer, because your former employee indicated in a text that he might explore taking legal action against you, I agree with the advice bolded above.

The manager’s employment has been terminated and he should simply file for unemployment. There is (generally) no good reason for the employer to continue communicating with the terminated employee about his termination and there are (often) very good reasons why the employer shouldn’t.

There IS one important exception, however. IF your former employee sends you a certified letter asking you why they were fired, you must respond in writing to this letter within 15 days from its receipt.

You can speak to an attorney either now or wait until the employee sends you a certified letter or files a legal action against you, if he actually does. You will want an attorney’s advice before committing anything to writing.

 

[Maine_Employer_207]

Thanks for all the replies. I am not in contact with the fired employee at all he messaged his threats to take legal action to my business partner who does not operate this company.

I have no contact with the fired employee whatsoever.

No discrimination of any kind happened whatsoever. The manager wasn't fired for any whistle blowing or safety concerns. He was never written up as I didn't want to let him know the other staff were telling me about his behavior. The fired manager seems to be fixated on the fact that I told him he lost all respect for me and as such this makes it a personal issue and he believes this is grounds for legal action. His text with my business partner that threatened legal action was solely focused on a perceived personal issue between us and the loss of respect comment. He is also ignoring that I told him the manager position was being eliminated and that we could not work together anymore. At no point has he alleged any discrimination of any kind.

We have multiple lawyers we work with and I have reached out to an labor lawyer to schedule a meeting for next week to discuss this situation further. This person is such a cancer I am 100% certain he will actually contact lawyers and try to take some action against me. Situation is super stressful for me and for sure suffering I guess this person's ultimate goal.

 

[commentator]

I have always been under the impression, in my years of dealing with separated people, that the "must provide reason for termination" was related to unemployment issues, as in a separation notice. And that one is pretty much for unemployment insurance reasons, and is very rarely pursued legally as most employers pretty much do this automatically.

From the sound of things, this person is blustering due to the fact that they believe, as so many people do, that they have a lot more rights and protections than they do. Nothing makes it illegal to terminate somebody because of a personal reason if you are in the position to do so. As long as they cannot show it was for a legally protected reason such as race, religion, etc.

Because you have terminated the individual without prior warnings or any indications that their performance was not acceptable and they were given no opportunity to change the behavior before termination, and their behavior is not going to be classified as "gross misconduct" (as in they did something like punch you in the face, scream curses, or throw a chair at you) they will probably qualify for unemployment insurance. But as to having a reason to sue you for something, I don't see it. I'd be surprised if an attorney they want to retain doesn't tell them this.

 

[quincy]

Thanks for all the replies. I am not in contact with the fired employee at all he messaged his threats to take legal action to my business partner who does not operate this company.

I have no contact with the fired employee whatsoever.

No discrimination of any kind happened whatsoever. The manager wasn't fired for any whistle blowing or safety concerns. He was never written up as I didn't want to let him know the other staff were telling me about his behavior. The fired manager seems to be fixated on the fact that I told him he lost all respect for me and as such this makes it a personal issue and he believes this is grounds for legal action. His text with my business partner that threatened legal action was solely focused on a perceived personal issue between us and the loss of respect comment. He is also ignoring that I told him the manager position was being eliminated and that we could not work together anymore. At no point has he alleged any discrimination of any kind.

We have multiple lawyers we work with and I have reached out to an labor lawyer to schedule a meeting for next week to discuss this situation further. This person is such a cancer I am 100% certain he will actually contact lawyers and try to take some action against me. Situation is super stressful for me and for sure suffering I guess this person's ultimate goal.

… We have multiple lawyers we work with and I have reached out to a labor lawyer to schedule a meeting for next week to discuss this situation further. This person is such a cancer I am 100% certain he will actually contact lawyers and try to take some action against me. Situation is super stressful for me and for sure suffering I guess this person's ultimate goal.

What I have bolded above is one of the best moves you can make right now. I recommend you let the attorneys you work with do all of the stressing.

 

[cbg]

He was never written up as I didn't want to let him know the other staff were telling me about his behavior.

That was your big mistake. If you had created a paper trail of writeup, or even verbal warnings, you'd have proof of a valid reason to fire him. You are right that Maine is an at-will state and a person can be fired for any reason not prohibited by law, but you're always at risk of a claim of wrongful termination if you actually do fire for "no reason".

he lost all respect for me and as such this makes it a personal issue and he believes this is grounds for legal action.

He is mistaken. He does not have grounds for a successful legal action on the facts you have provided. However, that doesn't mean he can't attempt to take action that you will still have to defend.

I think talking to your counsel is definitely your best bet. I don't think you have anything to worry about in the long run, but if you have tried to do everything wrong you couldn't have done a better job of it. Next time, do the write-ups.

 

[quincy]

That was your big mistake. If you had created a paper trail of writeup, or even verbal warnings, you'd have proof of a valid reason to fire him. You are right that Maine is an at-will state and a person can be fired for any reason not prohibited by law, but you're always at risk of a claim of wrongful termination if you actually do fire for "no reason".



He is mistaken. He does not have grounds for a successful legal action on the facts you have provided. However, that doesn't mean he can't attempt to take action that you will still have to defend.

I think talking to your counsel is definitely your best bet. I don't think you have anything to worry about in the long run, but if you have tried to do everything wrong you couldn't have done a better job of it. Next time, do the write-ups.

Retaliation is the only claim I can think of that, depending on facts, the former employee might pursue with any chance at all of success. I am curious why the former employee was expressing discontent with Maine_Employer. This will no doubt be an area explored by Maine_Employer’s attorney.

 

[cbg]

Even with a retaliation claim, the employee would have to show evidence that he was fired for a reason protected by law.

 

[quincy]

Even with a retaliation claim, the employee would have to show evidence that he was fired for a reason protected by law.

Agreed. But that is the only potential claim I could see, based on the little we know.

 

[cbg]

I don't disagree. But unless the OP has left out major facts, I think even that is a stretch.