my boyfriend was at a restaurant for a work meeting. after it was over some people stayed to hang out. one of his co-workers started talking smack to him and saying that if he wanted to fight he was ready. my boyfriend started to walk away and the guy called him a word for a female breeding dog and a derogatory word about his religion and my boyfriend turned around, punched him in the jaw, and left. the co-worker complained at work and now my boyfriends boss is threatening to terminate him, but we don't think that's legal, is it?
Employment / Labor Attorney
Yes, it's completely legal for the company to terminate him for the assault and battery of a coworker off company property. It's unfortunate and wrong that the coworker said what he did, but your boyfriend could have removed himself from the situation and discussed it with the appropriate personnel within the company rather than becoming violent.
I wish you both the best of luck.
Matthew J.P. Coffman
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3 lawyers agree
Sexual Harassment Attorney
Matthew and Rachel are right. In an employment at-will state, fighting with a co-worker, even outside of work hour and property, would be a legitimate basis for terminating your boyfriend's employment.
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