That’s still a thing in America, different names but conceptually the same. Even an at-will employment state doesn’t allow illegal firing which this sounds like.
OP should call around to see if a lawyer will represent pro bono for sure.
At-will only provides protections for specific types of discrimination. They can’t fire you for being part of a federally protected class. For instance, they can’t fire you for being a woman, or for being black, because sex and race are federally protected classes. But “making fun of a dude who drunkenly wrapped himself around a tree” isn’t a protected class, so the firing would be legal in an at-will state.
However, OP can (and should) file for unemployment ASAP. The former employer may try to contest it to get it denied, but that’s just to avoid paying extra on their insurance. If OP appeals the denial, they can submit a reason why they were fired. And as long as it wasn’t for cause (which basically requires something illegal like stealing from the company) then their appeal will be approved and they’ll get unemployment.
But unemployment only begins from the date that you apply. So OP should apply ASAP, so the start date is today. OP should also encourage those other fired employees to do the same. Because fuck that employer, they deserve higher insurance rates and we pay into insurance for a reason. Fucking use it.
Retaliation only applies if the employee was engaging in protected activities, like filing a Department of Labor complaint, requesting a reasonable accommodation for a disability, refusing to discriminate against another employee, or initiating a lawsuit against your employer. And, just like the federally protected classes that would make the firing illegal, “making fun of a dude who drunkenly wrapped himself around a tree” isn’t a protected activity. So no, it’s not retaliation.
This thread just makes me so concerned about people’s knowledge of their lack of protection from businesses. It’s wild that people think they can’t be fired for a whim in the states. Even protected classes and things like that are super difficult to prove in court.
Yup, proving things like protected classes usually requires either a super stupid manager (who puts it in writing, or says it in front of coworkers who are willing to testify for you), or proving a sustained pattern of behavior. Because a manager can just go “I didn’t like their vibes” and get away with it most of the time. Because disproving a soft subjective thing like “bad vibes” is basically impossible. Instead, you need to prove a pattern of behavior, like all of their “bad vibes” firings within the past two years have been black people. But getting access to that kind of thing will require a subpoena and lots of investigative work.
That’s still a thing in America, different names but conceptually the same. Even an at-will employment state doesn’t allow illegal firing which this sounds like.
OP should call around to see if a lawyer will represent pro bono for sure.
At-will only provides protections for specific types of discrimination. They can’t fire you for being part of a federally protected class. For instance, they can’t fire you for being a woman, or for being black, because sex and race are federally protected classes. But “making fun of a dude who drunkenly wrapped himself around a tree” isn’t a protected class, so the firing would be legal in an at-will state.
However, OP can (and should) file for unemployment ASAP. The former employer may try to contest it to get it denied, but that’s just to avoid paying extra on their insurance. If OP appeals the denial, they can submit a reason why they were fired. And as long as it wasn’t for cause (which basically requires something illegal like stealing from the company) then their appeal will be approved and they’ll get unemployment.
But unemployment only begins from the date that you apply. So OP should apply ASAP, so the start date is today. OP should also encourage those other fired employees to do the same. Because fuck that employer, they deserve higher insurance rates and we pay into insurance for a reason. Fucking use it.
No, OP definitely described retaliation which is illegal.
You’re right in the rest though.
Retaliation only applies if the employee was engaging in protected activities, like filing a Department of Labor complaint, requesting a reasonable accommodation for a disability, refusing to discriminate against another employee, or initiating a lawsuit against your employer. And, just like the federally protected classes that would make the firing illegal, “making fun of a dude who drunkenly wrapped himself around a tree” isn’t a protected activity. So no, it’s not retaliation.
This thread just makes me so concerned about people’s knowledge of their lack of protection from businesses. It’s wild that people think they can’t be fired for a whim in the states. Even protected classes and things like that are super difficult to prove in court.
Yup, proving things like protected classes usually requires either a super stupid manager (who puts it in writing, or says it in front of coworkers who are willing to testify for you), or proving a sustained pattern of behavior. Because a manager can just go “I didn’t like their vibes” and get away with it most of the time. Because disproving a soft subjective thing like “bad vibes” is basically impossible. Instead, you need to prove a pattern of behavior, like all of their “bad vibes” firings within the past two years have been black people. But getting access to that kind of thing will require a subpoena and lots of investigative work.