being threatened

Discussion in 'The Pub' started by hvactech, May 3, 2016.

  1. hvactech

    hvactech Supporting Member

    Messages:
    1,098
    Joined:
    Dec 2, 2013
    Location:
    mich.
    Guys, I have a problem. let's say this is all hypothetical and none of this is true.

    Someone works for a company that does promotion in a small town. One of the workers that does promotion is a recovering addict. When the boss of this company finds out about a recent relapse through a public blog about recovery the boss fires this person.

    Then say the parent of the addict tries to reason with the boss through texting about the recent termination. then while texting the boss explains they are really firing their child due their promotions not having credibility anymore and not actually due to actual drug use.

    Now the boss threatens the parent saying if they tells people in the community about the real reason the boss will sue them for slandering. They also say they will publish text message conversations of the once employee and the boss and also between the parent and the boss In public articles and the boss' small community news paper.

    In the state of Michigan can the boss actually sue the family successfully?

    Can the boss publish text message conversations between the parties in a paper?

    Thanks
     
    Last edited: May 3, 2016
  2. EricPeterson

    EricPeterson Member

    Messages:
    49,102
    Joined:
    Jul 21, 2006
    Location:
    Under the Big Sky
    Truth is always a defense to defamation, slander or libel.


    Can he sue? Sure. What are his prospects for being successful? Hard to tell without more facts. Will it cost a lot for everyone involved if a suit is filed? More likely than not.
     
    RoryGfan and bushitsuki like this.
  3. hvactech

    hvactech Supporting Member

    Messages:
    1,098
    Joined:
    Dec 2, 2013
    Location:
    mich.
    Well none of these are facts, it's a fictional story ;)

    Let's say the boss called the employee and straight told them "I saw you wrote you relapsed it your bog recently, you're fired"

    Also the boss knew prior to hire they were a recovering addict.

    I would think a boss would say that just due to fear of what the community might think. Not with any actual intent to do so
     
  4. DustyRhodesJr

    DustyRhodesJr Supporting Member

    Messages:
    10,467
    Joined:
    Apr 16, 2011
    He can sue for certain.

    And the courts probably would not have a lot of sympathy for the addict, also.
     
  5. Schroedinger

    Schroedinger Member

    Messages:
    2,127
    Joined:
    Nov 15, 2009
    Location:
    Jawjuh
    Who has more to lose here? Employee has already lost his job. Seems like the company has a lot more to lose in a wrongful termination suit.
    The former employee has two options: back down or lawyer up. I'm sure there are lawyers out there that would take the case on contingency and be happy to make the SOB miserable.
     
    hvactech likes this.
  6. swiveltung

    swiveltung Member

    Messages:
    14,550
    Joined:
    Feb 5, 2011
    Location:
    PNW
    The real question is do they teach spelling and writing in Michigan....?
     
    wstsidela likes this.
  7. hvactech

    hvactech Supporting Member

    Messages:
    1,098
    Joined:
    Dec 2, 2013
    Location:
    mich.

    Does the boss have a case though.

    Say the family publicly anoounced their son was fired because the boss feels no one believes a addict and would use their promotions. Could the boss get a lawyer and sue and be successful with a case for defamation?
     
  8. chrisr777

    chrisr777 Member

    Messages:
    22,645
    Joined:
    Jan 30, 2007
    Location:
    Lost in Hollywood
    There should be a comma in there.
     
    GAT, TwangAddict, burner and 6 others like this.
  9. AZChilicat

    AZChilicat Member

    Messages:
    31,901
    Joined:
    Sep 4, 2013
    Location:
    Under The Microscope
    You're not picking up what Eric is putting down. Can he sue? Yes. Will that automatically cost people money? Yes. Will he win? Probably not. It's not the win/lose here it's the mess the boss can cause.

    Btw, addiction is covered under the ADA. Tell the kid to get an employment attorney.
     
    marktweedy, redeyedjim and hvactech like this.
  10. hvactech

    hvactech Supporting Member

    Messages:
    1,098
    Joined:
    Dec 2, 2013
    Location:
    mich.
    The family wouldn't sue they would probably just defend themselves from a lawsuit from the boss. So I wouldn't believe their would be an arbitration or a settlement. Just a Court ruling in favor for either the boss in form of monetary restitution, or in favor of the family with no retribution against them for announcing the truth
     
  11. hvactech

    hvactech Supporting Member

    Messages:
    1,098
    Joined:
    Dec 2, 2013
    Location:
    mich.
    Gfy.
     
    Da Geezer likes this.
  12. bayAreaDude

    bayAreaDude Member

    Messages:
    3,226
    Joined:
    Aug 4, 2014
    Location:
    NorCal
    This hypothetical addict and their family are doing a great job at further stigmatizing recovering addicts in the workplace. MI is an at-will state, so this guy could be fired for any reason any time, no justification needed. That's where the hypothetical story should have ended instead of taking a sharp turn towards crazy town. Instead, someone's parents got involved?
     
    VCuomo, Jamalot and redeyedjim like this.
  13. hvactech

    hvactech Supporting Member

    Messages:
    1,098
    Joined:
    Dec 2, 2013
    Location:
    mich.
    I understand. I know anybody can sue for anything. Hypothetically I could sue anybody for just about anything. I guess what I implied was can he sue and be successful and win? It's implied anybody can sue for any reason.

    Thank you for your information, I really appreciate it.
     
    AZChilicat likes this.
  14. sixstringfuel

    sixstringfuel Hotdogs kill Silver Supporting Member

    Messages:
    13,904
    Joined:
    Aug 17, 2015
  15. hvactech

    hvactech Supporting Member

    Messages:
    1,098
    Joined:
    Dec 2, 2013
    Location:
    mich.
    I'm not saying the boss doesn't have a valid reason for termination or they can't or shouldn't terminate. I asked if the boss could sue if the family for telling people the reason why there son doesn't work for the company anymore. Also if the boss can publish text messages.

    As for the parents getting involved, I can't really say there. I don't know why they would either
     
  16. JDutch

    JDutch Member

    Messages:
    1,826
    Joined:
    Oct 28, 2011
    Location:
    Dallas, TX
    If the family's really, really upset, why wouldn't they hire an attorney, on a contingency basis (who, if the lawsuit settles, likely will take 40%), then sue for wrongful termination? The company will sue back for whatever its attorneys can dream up, but the company presumably will have an interest in having everything settled quickly and quietly. Lawsuits aren't any fun for anyone. Before going down this path, I'd want to think long and hard (including whether the stress of a lawsuit may cause another relapse).

    What good does generally telling people in the community do? If the family's not going to do something productive, then don't do anything at all.

    I don't believe it necessarily has legal significance, but I wonder whether the employee created difficulties for the company when he was using, or the last time he fell off the wagon, and if the company was trying to preempt a possible series of issues. Either way the boss is a moron for disclosing the real reason for terminating the employee.

    Edit: Out of Curiosity, I did a quick Google search. I'm not sure whether someone who's no longer recovering would be protected by the ADA. Obviously, the employee, and his/her family, need to consult with someone admitted to practice in MI, who handles these types of claims.
     
    Last edited: May 3, 2016
  17. hvactech

    hvactech Supporting Member

    Messages:
    1,098
    Joined:
    Dec 2, 2013
    Location:
    mich.
    my bad guys. I read It and it was really incoherent.

    Try reading it again I guess
     
  18. JPF

    JPF Member

    Messages:
    8,640
    Joined:
    Jan 4, 2002
    Location:
    New England
    I think seeking free legal advice from a bunch of guitarists is a sound strategy. You might wish to do the same with a drummer forum just to contrast the results before you make a hypothetical decision. ;)
     
    martyncrew and redeyedjim like this.
  19. hvactech

    hvactech Supporting Member

    Messages:
    1,098
    Joined:
    Dec 2, 2013
    Location:
    mich.
    The family doesn't want to sue. They just want to be able to tell the real reason why the son was terminated. In a small town people will ask if so and so are still doing this and that. When they hear news it spreads like wildfire.

    I just wanted to know if the boss had an ACTUAL case where he could win or if it was a baseless threat. And if the boss could publicly publish text conversations
     
  20. I am the Liquor

    I am the Liquor Member

    Messages:
    1,709
    Joined:
    Jan 12, 2015
    This is a teaching/learning moment for the addict. Living that kind of lifestyle comes with consequences. They are not always fair or reasonable but it is a reap/sow thing.
     
    hvactech likes this.

Share This Page

  1. This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register.
    By continuing to use this site, you are consenting to our use of cookies.
    Dismiss Notice