the other employee who supported him was threatened with termination and written up. the abusive supervisor was moved to another store. also my huspand has been repeatedly denied employment elsewhere after they have checed his references do we have a case?
Whether he may or may not have a claim would depend upon the subject matter of his complaints.
Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery.
Unfortunately, the law does not protect against abusive, rude or incompetent supervisors. It is not actionable if your employer screams, rants or threatens people with termination. It only becomes unlawful if the motivation for the abusive behavior is unlawful. In other words, if this supervisor treated your husband in this manner because he is a member of a protected class of people, or because your husband engaged in legally protected conduct, then the conduct is unlawful.
One area of protected conduct is complaining to the employer about internal issues at the company that substantially affects the public at large. For instance, if your husband complained to his supervisor that he felt the company should not use a cheaper fastener on the airplane wing being manufactured than called for in the government contract and he got fired, then his termination would be actionable. Complaints about internal workplace issues that are unlawful, like discrimination based on a protected class of people or unlawful sexual harassment and the like is also protected conduct. Complaining about a supervisor being a jerk is not protected conduct unless, as stated above, you complained that he was engaging in unlawful discrimination, harassment or retaliatory conduct.
I wish you the bests of luck.
Pedersen Heck McQueen, APLC is an employee rights law firm assisting employees in all Southern California counties.
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