5 ms·

You need to take legal action. You made a joke which hurt someone's feelings. They turned around and made a post which is causing you harm.

ihateloggingin 14y ago
You seem to be under the mistaken impression that being fired without cause is somehow illegal in the USA. In 49/50 states, it isn't. So there is no leg to stand on. Unless he was employed in Montana.
- username_6916 14y ago
  California Legal Code 96(k) states that: The Labor Commissioner and his or her deputies and representatives authorized by him or her in writing shall, upon the filing of a claim therefor by an employee, or an employee representative authorized in writing by an employee, with the Labor Commissioner, take assignments of: ... (k) Claims for loss of wages as the result of demotion, suspension, or discharge from employment for lawful conduct occurring during nonworking hours away from the employer's premises. http://www.leginfo.ca.gov/cgi-bin/displaycode?section=lab&group=00001-01000&file=79-107 http://www.leginfo.ca.gov/cgi-bin/displaycode?section=lab&#3...
  - bjt 14y ago
    You're citing a procedural detail that I don't think really supports the claim that his termination was unlawful. All that section says is that if the guy files a claim with the labor commissioner for wrongful discharge, then the commissioner can "take assignment" of his claim, meaning they can sue the company in his name. It doesn't really say anything about whether his firing was OK or not. A better reference on at-will employment in California is at http://business.ca.gov/StartaBusiness/AdministeringEmployees/EqualEmploymentOpportunityLaws/AtWillEmployment.aspx http://business.ca.gov/StartaBusiness/AdministeringEmployees.... Edit: s/employment/discharge/ (doh)
- omnibrain 14y ago
  Sue her, not his employer.
  - danielweber 14y ago
    I don't think she has any legal responsibility here.
    - uptown 14y ago
      Defamation.
      - danielweber 14y ago
        This will be a huge stretch of the law. It would be doubtful that one could succeed against her even under UK-type laws, to say nothing of American law. Truth is a defense. Did they not do what she reported them as saying? (NB: I'm not saying I approve of her behavior, but trying to paint her as legally responsible is out there.)
        cmbtyc 14y ago
        I say the guy put up his situation and case on those crowd funding/fundraising sites and raise money for his legal case. Sue her individually for defamation et al. and tie her up in court. Let her pay the REAL price for wielding a public, 10,000 follower strong opinion against a privately intended comment.
    - krzyk 14y ago
      I thought that posting a photo without someone's consent is illegal (at least in EU not sure how it is in USA), but I'm not a lawyer. I always thought that was the case when Google removed faces from StreetView.

ihateloggingin 14y ago

You seem to be under the mistaken impression that being fired without cause is somehow illegal in the USA. In 49/50 states, it isn't. So there is no leg to stand on. Unless he was employed in Montana.

username_6916 14y ago
California Legal Code 96(k) states that: The Labor Commissioner and his or her deputies and representatives authorized by him or her in writing shall, upon the filing of a claim therefor by an employee, or an employee representative authorized in writing by an employee, with the Labor Commissioner, take assignments of: ... (k) Claims for loss of wages as the result of demotion, suspension, or discharge from employment for lawful conduct occurring during nonworking hours away from the employer's premises. http://www.leginfo.ca.gov/cgi-bin/displaycode?section=lab&group=00001-01000&file=79-107 http://www.leginfo.ca.gov/cgi-bin/displaycode?section=lab&#3...
- bjt 14y ago
  You're citing a procedural detail that I don't think really supports the claim that his termination was unlawful. All that section says is that if the guy files a claim with the labor commissioner for wrongful discharge, then the commissioner can "take assignment" of his claim, meaning they can sue the company in his name. It doesn't really say anything about whether his firing was OK or not. A better reference on at-will employment in California is at http://business.ca.gov/StartaBusiness/AdministeringEmployees/EqualEmploymentOpportunityLaws/AtWillEmployment.aspx http://business.ca.gov/StartaBusiness/AdministeringEmployees.... Edit: s/employment/discharge/ (doh)
omnibrain 14y ago
Sue her, not his employer.
- danielweber 14y ago
  I don't think she has any legal responsibility here.
  - uptown 14y ago
    Defamation.
    - danielweber 14y ago
      This will be a huge stretch of the law. It would be doubtful that one could succeed against her even under UK-type laws, to say nothing of American law. Truth is a defense. Did they not do what she reported them as saying? (NB: I'm not saying I approve of her behavior, but trying to paint her as legally responsible is out there.)
      - cmbtyc 14y ago
        I say the guy put up his situation and case on those crowd funding/fundraising sites and raise money for his legal case. Sue her individually for defamation et al. and tie her up in court. Let her pay the REAL price for wielding a public, 10,000 follower strong opinion against a privately intended comment.
  - krzyk 14y ago
    I thought that posting a photo without someone's consent is illegal (at least in EU not sure how it is in USA), but I'm not a lawyer. I always thought that was the case when Google removed faces from StreetView.