1 posts Posted 07 November 2013 - 05:10 PM I am a driver for an oilfield costruction company. This morning I had another employee throw an empty antifreeze jug at me and hit me with it in front of two other employees (one of which was our supervisor). After a few minutes I got the same jug and tried to put it in his front end loader whith him. When I did this he kicked the jug onto the ground. He then got down from the loader & asked me if I wanted to fight.I went to my suoervisor & told him what happened & that I was going to contact the safety manager. Both myself and the other employee were told to go to the office to explain what happened.After I explained my side of the story the safety manager and the plant manager told me that when something like this happens both employees are usually terminated. Can I be terminated even if I did not retaliate against this employee.(I.E. Fight back). Posted 08 November 2013 - 08:01 AM The law won't prevent the employer from letting you go. I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics. If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable. Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation. Posted 08 November 2013 - 10:14 PM Can I be terminated even if I did not retaliate against this employee.(I.E. Fight back).
I'll assume you are asking if the employer is violating any laws by terminating you as a result of this altercation between you and the other employee. The answer to that is no, the employer would not violate any law if it terminates you for this.
When the employer is not a government agency, then the employer may legally Workers Compensation Directory fire you for any reason (or no reason at all) except for a few reasons prohibited by law. The prohibited reasons include firing you because: of your race, color, religion, sex, national origin, age, disability, or genetic test information under federal law (some states/localities add a few more categories like sexual orientation); you make certain kinds of reports about the employer to the government or in limited circumstances to specified persons in the employing company itself (known as whistle-blower protection laws); you participate in union organizing activities; you use a right or benefit the law guarantees you (e.g. using leave under FMLA); you filed a bankruptcy petition; your pay was garnished by a single creditor or by the IRS; and you took time off work to attend jury duty (in most states). Thus, the employer doesn?t need a good reason to fire you. All that matters under the law is that the reason wasn?t one of the relatively few reasons the law prohibits, like the ones I listed above.
If you are a member of union that has a contract which limits the circumstances under which you may be fired, then the termination might violate the contract. In that case, the termination is still lawful but you would have a potential breach of contract claim against the employer. <br>For the original version including any supplementary images or video, visit http://boards.answers.findlaw.com/index.php/topic/228106-fightinghorseplay/