I have an order of protection on a person who assulted me person went to my job for treatme

Jobs fire me do i have any rights

1 answer  |  asked Nov 3, 2017 10:21 AM [EST]  |  applies to New York

Answers (1)

V Jonas Urba
I do not know what your specific order of protection says.

However, I do know that those orders mean what they say.

If the order says that neither party/person shall communicate with the other then that probably includes in any way. When anyone posts something on-line the poster should reasonably anticipate that anyone on the planet might read such communication. If the communication includes names and employer names that becomes even more problematic.

Did you inform human resources that the person against whom you have an order of protection was violating that order in some way? Did you tell the police the same thing? Why or why not?

If you have a specific term contract of employment (for example from November 2, 2015 to November 3, 2018 did your employer break the terms of your contract)? If NO,

Are you a member of a union where the employer broke the terms of your collective bargaining agreement? If NO,

Do you work for a government agency with civil service protection? If NO,

You are probably "at will." At will employees can be fired for a good, a bad, or no reason at all. Unless there was discrimination (which I did not read in any of your facts) most U.S. employees are at will. If you are in this category the employer needs absolutely no reason at all to fire you. UNLESS THERE WAS SOME TYPE OF SPOUSAL, PARTNER, OR DOMESTIC RELATIONSHIP BETWEEN YOU AND THIS EMPLOYEE AND THEN YOU MAY "POSSIBLY" HAVE SOME COLORABLE ARGUMENT WHICH YOU WILL STILL NEED TO PROVE.

Posting anything negative on-line, whether on Facebook or anywhere else, is almost always a very bad idea. More employers are googling potential employees and passing over employees who post negative and sometimes simply personal comments on line.

Regardless of whether employers may or may not do that legally how would any employee, current or potential, prove the real reason any employer acted or did not act based on internet postings? Most employers will document other legitimate reasons in their applicant or employee files.

posted by V Jonas Urba  |  Nov 3, 2017 12:28 PM [EST]

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