I will make it short. Last night the Wife comes home and is pissed. This morning says the owner asked her out to dinner, she said no, she is off the schedule and I guess that means Fired. She is depressed and is pissed telling me I did not do anything. I told her he can not do that it is not Legal and to go talk to a Lawyer. What would you do ?
The laws in Delaware- http://www.delawareworks.com/discrimination/sexual.harassment.shtml People to talk to- http://lawyers.findlaw.com/lawyer/firm/Sexual-Harassment/Wilmington/Delaware
You told your wife to talk to a lawyer? Okay, 1) I'd be fackin' pissed off (not at her but jack@$$). 2) I'd call the lawyer on behalf of my wife (if lawyer wants to talk to wife then so be it but I'd initiate the call). 3) Talk to the wife, comfort her, listen to her. But that's just me.
What was her position? How long was she there? Were there any witnesses? Sexual Harassment is big stuff. There are lawyers that specialize in it & make their money getting money from people that fired you, but would not want to go back to work for.
She has been there a while , I think there are other casses of this with the owner/boss at first she blew it off then when she figured out she does not have her job anymore she is really depressed and pissed. I told her it is pretty clear on the Sexual harrasment at work laws. No Witnesses but there is history of this at this place. I am pissed, I told her do what you have to do, get a lawyer and make sure this does not happen to anybody again. Plaine and simple. It's not right.
It'll come down to a He said, she said. If you can afford to just walk away and avoid the shit that'll come with a lawsuit, I would. Then in 6 months I'd burn the restaurant down.
File a complaint with the state and federal labor boards and the EEOC. All three are free and actually do some of the discovery for free that your attorney would charge for. The complaint stage is not public record. If you do get an attorney, employment law is it's own beast and you absolutely need an attorney that specializes. However, if you actually do go to court, your wifes name will be forever publicly linked to the lawsuit and searchable on google and may hinder future employability. Much can be done without going to court. Also, since your wife is a waitress, damages are hard to prove and a lawyer may not be willing to take it on contingency, the small family owned restaurant may not even be collectible unless-, for example, they have a good insurance policy. In Michigan if you have to go to court - it's 2 years before you get there and if you win, it's usually still open to appeal. If you do go to court, this thread could also be admitted. Good Luck! whatever you and your wife decide to do. Michelle
Is he married as well? Let him take her to dinner while you video tape it for his wife if he has one.
that would be a sure-fire way to make sure you lose any lawsuit that might be initiated. Talk to a lawyer willing to work on contingency. He doesn't get paid unless your wife gets paid. realistically, all her boss has to do is show that there was some other legitimate reason that he removed her from the schedule though. "the economy" is an easy one right now. if other people are willing to come forward with similar stories, or have knowledge of the fact that boss man is into your wife, then you may have a leg to stand on. good luck.