Posted by John T on October 25, 2010 at 06:03:43 from (66.244.97.31):
In Reply to: John T Country Lawyer posted by Old Roy on October 24, 2010 at 23:28:16:
Roy, Often I tell people I would need more facts before I can provide any worthwhile professional legal opinion, however from what you say THE FACTS DONT MATTER ALL THAT MUCH (ASSUMING THERES NO EMPLOYMENT CONTRACT TO PROTECT THE WORKER, see below) and to answer your question, I dont see much if any legal recourse against the DPW, theres perhaps more of a political and who you know solution, but no legal cause of action against the employer, ESPECIALLY the DPW, jumps right out at me.
DISCLAIMER I DO NOTTTTTTTTTTTTT PRACTICE EMPLOYMENT LAW SO DONT PLACE MUCH VALUE ON WHAT I SAY HERE OR ON OTHER OPINIONS HERE, EMPLOYMENT LAW IS COMPLICATED AND IT DEPENDS ON THE LABOR LAWS OF YOUR STATE AND IF THERE WAS ANY SORT OF EMPLOYMENT CONTRACT !!!!
Even that, I dont see any privity of contract between the employee and the DPW !!!!!!!!!!!!! If the employeee worked for a private contractor, the employee "probably" HAS NO ACTION WHATSOEVER AGAINST A THIRD PARTY THE DPW absent very limited exceptions, thats a tough nut to crack !!!!!!!!!!!!!!
Heres the deal, absent a union contract or any private employment contract, a standard employee works under the doctrine of "employment at will" When people call me and complain they were fired unjustly and its not fair and how can the boss do that, I ask them........."Do you think you have the right to quit your job for no reason whatsoever i.e. for no cause" They respond "HECK YES I HAVE THE RIGHT TO QUIT ANYTIME I WANT AND I DONT HAVE TO GIVE THE BOSS ANY REASON WHATSOEVER" to which I then ask them "Then why cant the boss up n fire you for no reason or cause even if its unfair or unjust"?????? Then they understand their employment (absent an employment contract) is "employment at will" and regardless how unfair or unjust or irrational theres no legal recourse if they are fired....... Absent an employment contract and providing the labor laws of your state somehow protect the employee ITS NOT ILLEGAL TO FIRE SOMEONE REGARDLESSSSSSSSSSSSSS IF FAIR OR UNFAIR OR WITH OR EVEN WITHOUT CAUSE,,,,,,,,,,,,,
In many private or union employment contracts, an employer must SHOW CAUSE for a firing i.e. one cant just be fired for no reason at all, the employer MUST SHOW CAUSE and if not a legal cause of action may be available for the employee... THATS A QUESTION AN EMPLOYMENT LAWYER IN YOUR JURISDICTION NOTTTTTTTTTTTT ME AND LIKELY NOT ANYONE HERE CAN ANSWER WITH MUCH AUTHORITY OR EXPERTISE.
NOWWWWWWWWWWWWWWWW an option that may be available for the fired employee:::::::: There have been cases where there was no employment contract (its employment at will no cause needed for firing) buttttttttttttttttt the employee was provided a pamphlet that contained certain employer rules and policies AND A JURY FOUND SUCH WAS SUFFICIENT TAKING IT OUT OF EMPLOYMENT AT WILL AND INDEED THE EMPLOYER MUST SHOW CAUSE FOR A FIRING !!!!!!!!!!!!!!! But thats very fact sensitive and very dependant upon what that pamphlet said so dont get too excited
Another thing is the DPW is just covering their A$$ as advised by their attorneys to avoid any potential liability and a team of horses isnt going to get them to change regardless how may lawyers and how much money you throw against them
IT WOULD BE AN UPHILL BATTLE AGAINST THE GOVERNMENT and be very expensive and its NOTTTTTTTTTTT any case I would take because I hate to charge a ton of bucks for all the hard work in a case I dont see I could win AND ADD TO THAT THE EMPLOYEE DIDNT WORK FOR NOR HAS ANY PRIVITY OF CONTRACT WITH THE DPW, they are gonna have a hard time finding a Court of law to side with them against the DPW whom they dont work for REGARDLEES EVEN IF THE DPW BROKE ALL KINDS OF LAWS !!!!!!!! The one who can sue the DPW is one with whom they have a contract NOTTTTTTTTTTT OUTSIDERS.
Again, I do not practice labor law and am unfamiliar with your states laws and even though I said the facts dont matter that much, ONE SHOULD NEVER SAY NEVER so seek local professional expert opinions but for free advice here (and its worth just what you paid me lol) I just dont see any viable economically reasonable way to legally force the DPW to help the employee of an outside private company...SORRY
John T Country Lawyer in Indiana and nottttttttttttttttt an employment lawyer
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