Welcome to the Law Offices of Peter J. Lamont & Associates's Legal & Business Blog. The firm has built a solid reputation for delivering creative, effective and valuable solutions to our clients' legal and business issues. We combine "big firm" knowledge and sophistication with the responsiveness and focus of a boutique firm. ​

Saturday, January 31, 2015

Can You Fire Violent Workers Even if Criminal Charges are Dropped or if You Were Wrong?

Can you fire an employee for reported violent or hostile behavior even if they were not convicted of a crime? What if the police drop the charges? What if you were wrong? 

Well, as long as you have an honest belief that the worker broke company conduct rules you can - even if you are wrong. 

In a recent case,  LaShaunda, a U.S. Postal Ser­­vice custodian, was romantically involved with a co-worker. When the co-worker broke it off, LaShaunda became upset. The two argued in the parking lot and continued their argument down the road.

According to the police, LaShaunda physically assaulted the co-worker and spat on his car. She then sent him text messages suggesting she was going to kill him. She was arrested. When her boss found out, LaShaunda was fired.

Eventually, charges were dropped. LaShaunda sued and argued her co-worker should have been fired, too.

But the court said it didn’t matter that she wasn’t prosecuted or that the co-worker might have played more than the innocent victim. What mattered was that the supervisor honestly believed LaShaunda had violated workplace rules against threats and violence. (McDaniel v. Donahoe, No. 12-CV-054944, ED CA, 2014)

If you would like more information about this topic or have general legal questions, please feel free to contact me at (973)949-3770 or via email at plamont@peterlamontesq.com Offices in: New Jersey New York, Colorado & Puerto Rico and affiliated offices throughout the country.

© 2010-2015, Law Offices of Peter J. Lamont & Associates. This Update is provided for informational purposes only. It is not intended as legal advice nor does it create an attorney/client relationship between the firm and any readers or recipients. Readers should consult counsel of their own choosing to discuss how these matters relate to their individual circumstances. This Update may be considered attorney advertising in some states. Furthermore, prior results do not guarantee a similar outcome.
Related Posts Plugin for WordPress, Blogger...