My husband pushed a colleague at work. He was in his face and my husband felt threatened. The guy went into the manager’s office; the police were called, and my husband was fired. The opposite guy regretted this and is coming to court this week to support my husband and drop the fees. The corporate said my husband could either retire or resign. We wish to clear his name and fight this. He has been with the corporate for 20 years and has never had an incident. Does he have a probability?
For those who’re asking me about your husband’s probabilities of having the fees dropped, that’s not a matter I’m qualified to reply — but, I’ve watched enough “Law and Order” to feel pretty good about his possibilities.
Getting his former employer to rescind their decision to fireplace him is less likely.
Even when the fees are dropped, it doesn’t change the undeniable fact that he physically assaulted an worker.
Even when only a shove, and even when he felt threatened, he wasn’t touched by the opposite worker.
An employer has the precise to terminate someone for getting physical with one other worker.
Last week you wrote that the law doesn’t specifically prohibit employers from asking about age, only that age can’t be a think about the hiring decision. Why would an employer ask about age apart from to assist make a choice?
I received plenty of mail on this one.
Let me be clear — there are questions an employer mustn’t ask since it could give rise to a claim of discrimination, but that’s not similar to the query itself being illegal.
Do older staff have a harder time finding a job? Absolutely.
Does age discrimination exist? Yes.
If an employer is unprofessional enough to ask that query, could that be a sign the reply was a think about their hiring decision? Yes, after all there might be a correlation.
But, it doesn’t mean it was the idea for the choice. And easily asking the query just isn’t illegal.
Nevertheless, difficult the choice with the Equal Employment Opportunity Commission and in court is the precise motion to take to analyze the employer’s conduct further.
Gregory Giangrande has over 25 years of experience as a chief human resources executive. Hear Greg Wed. at 9:35 a.m. on iHeartRadio 710 WOR with Len Berman and Michael Riedel. Email: GoToGreg@NYPost.com. Follow: GoToGreg.com and on Twitter: @GregGiangrande