Legal Question- I fired an employee who....?
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Legal Question- I fired an employee who....?
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started causing problems after I fired him. As he was leaving the parking lot, he punched my car door, leaving a dent in it. All in plain view of a police officer. Does he have any chance of winning in court?
Additional Details
Yes, he was fired justly. Yes, a complaint was filed at the scene. Yes, I am pressing charges (along with my auto insurance). Fired justly or not, I don't think that his reason for termination would have any bearing on the decision. This was in PA.
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TiffanyKaye
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I just took an employment law class so I have a pretty good idea that he would not win in the court of law. As long as he was not fired unjustly, he has no basis to retaliate. however, you will have to be able to prove that it was him (witnesses) and that the action was indeed in retaliation of the termination. good luck, what a crappy situation :( it's going ot cost you both more than what it is worth - if you fired him according to the law, you have nothing to worry about |
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Jack430
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Probably not. |
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lj1
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As long as you had a valid reason for letting him go, he doesn't have much of a chance in court.
As for him punching your car - if a cop actually saw him do it, he will lose in court. |
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tobcol
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Did the police officer arrest him and make a report. If so, I doubt that he will win anything. But if the cop didn't make a report, well then it's pretty much your word against his. |
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bmhhpd
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I dont know why not, especially is a Police officer saw. |
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Pitchow!
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Not unless the judge is an idiot. |
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Guns The Executioner
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Then he don't stand a chance in court coz judge trust police officer words against fired employee. |
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Bronwyn
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no, he doesn't. You should be pressing charges against him! |
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Roadrunner58-79
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NO!!! |
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valkyries78
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In America- the court system that let OJ and Michael Jackson go? The court system that lets Hinckley go for walks to visit his mom?
Yeah, I'd say he has a chance. |
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mel_thomas20
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no. very highly doubt that he will |
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AnswerBot
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No chance, but you didn't state the charge or locality. You may be able to sue for damages to your property. |
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Yankee Empire
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Sure if he has a GREAT lawyer. |
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Anais
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No, I don't think he has a chance in hell. Did you file a police report? Do you have any witnesses? Because if you didn't file the police report, you're going to need someone to testify that they saw him hit your car. |
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NZGirl
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i hope not, not a good precedent to set... |
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soplaw2001
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Winning in criminal court? I am not sure you really win in criminal court~If he pleads not guilty, then it will be up to the court to make a decision on his guilt or innocence. Then it depends on the attorney he retains and the prosecutor; not to mention, the testimony of the officer, witnesses and you, the victim. He could always plead guilty and take what is coming to him.
Did the police officer arrest him? Did he file a civil action against regarding the firing?
With regards to "[d]oes he have any chance.." ~ of course, anything is always possible. See State of California vs. OJ Simpson. |
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KittyKat
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You should actually go to your local police station and press charges against him for vandalizing your car. I don't think he has anything on you, but you should put in the complaint so it could look good on your side, just in case.
Good Luck! |
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Mrs.Smith
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no |
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