Is there really a way that you can sue your employee without retaliation?
Answers:
I'm a union representative and am going through a similar case where an employee grieved his termination and was reinstated with back pay only to be fired again on his first day back! At least your husband lasted six months!
It is POSSIBLE to sue your employer without reprisals, but it is not LIKELY. With that said, I know of an instance where an employee was terminated four times, won his reinstatement four times and only then did the employer give up on firing him without just cause. Sometimes fighting the retaliation pays off!
I thank your husband for fighting for his job back because it's people like him who help teach employers that they have to play fairly. With that said, lawsuits and arbitration can take upwards of a year and in the meantime he may want to seek out another job. If he is awarded back pay, generally (but not always) the wages that he earned during that period will be subtracted from the amount of back pay he is owed by his previous employer.
An employer should always have a right to fire their employees. for ANY reason. It's their money, and they are paying to get a job done.
You mean, sue the employER. Suing the employee, would be the employer suing your husband.
Sure, anyone can sue anyone here in the US. All you need is money to pay an attorney. Will you WIN? Who knows. Most employers won't give "references" - all they do is confirm your dates of employment, and answer yes or no to this question: Would you hire them again? That way, there isn't really anything to sue an employer for.
I'd STRONGLY suggest he take a "not decent" job, because it's better and easier to find work when you're currently employed. Even if it's just flipping burgers, it shows he's got a work ethic - which is CLEARLY what's in question here.
It is time for your husband to move on to the next job.
It's illegal for a former employer to give out bad references. They can verify information. If you want to know what they're saying, have someone call and pretend they're getting a reference on him.
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