Will i loose my job?
Find answers to your legal question.
Will i loose my job?
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I had an argument with a girl at work and she grabed me by the arm and i swore at her on the shop floor it later progresed through the back of the shop into a fight but she went for me first it was split up but she went for me a second time as i see it i was defending myself, We have both been suspended and my letter came through saying my suspension is for alleged gross misconduct and i will be contacted shortly to arrange either an investigatory or disiplinary should i expect to loose my job? Additional Details I would like to add i did walk away from her but she followed me down the aisle where she grabed me i pulled free and went through the back where she went for me and there were witnesses
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Mike
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Yes. I am an employer. The potential liability for me to continue to employ someone who was involved in a fight is enormous. The cost to me would be could easily be in the hundreds of thousands of dollars. I could lose my liability insurance and I could be sued.
One of the people who gave an answer suggested that you file a wrongful termination suit against your employer.
As an employer I would much rather deal with and I would be much more likely to win a wrongfule termination suit than I would some of the other lawsuits that I might have to face if I failed to fire an employee who was involved in a fight. |
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wizjp
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Most places have a handbook that outlines penalties for physical violence; in most cases they dismiss both parties.
Check there and with your HR rep.
Check with the local labor relations board for suggestions. |
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skip742
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Yes, of course, you should expect to be fired. You might get lucky and find a boss that is very lenient and forgiving, but don't count on it. I would certainly fire the other person first, but I'd most likely fire you also.
One of the things we learn to do when we grow up is to keep out of trouble. That means that we have to maintain order and decorum even in the face of someone else who is out of control. Instead of doing that, you allowed the situation to escalate. I wouldn't want you working for me until you learned some maturity. From the sound of it, I wouldn't want Dave working for me either.
In fact, now that I think about it, maybe I'll keep you around and fire Dave instead. It sounds like he's the one that's been causing all the trouble around here. And he's going to try to sue me because I fired him for violence in the workplace? That's a laugh. He'd be thrown out of any appeal in seconds. |
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caldude1010101
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Probably.
Everybody gets fired (or laid off) from a job sooner or later.
Chalk it up as a learning experience and move on.
BTW: Learn to mind your own business at work and treat you co-workers exactly as co-workers. They are not your friends and most will gladly stab you in the back and climb over your corpse for a raise/promotion. |
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Coffee Drinker of Love
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Hard to say if you are doing to get fired or not! A lot of places will fire both on the spot for fighting! It really shows that neither have the right mentality to do the job at hand.
It really boils down to who is making the finally call! |
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a
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sounds like you might just get disciplined. However, you could have just walked away instead of getting into it with her.
I think that's what they will say you did wrong. Good luck! |
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rec girl
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I had a fight when I was a teenager in a restaurant with another waitress in front of customers. She swung at me first, but I was the one who wound up getting fired. Some places play favorites no matter what the case may be. Just be honest and expect it can go either way. Good luck! |
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Kels3
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Gross Misconduct is a serious matter. Your Employer is obliged to investigate the matter thoroughly and follow their discipinary process. Once they have investigated you could be allowed back to work with a disciplinary letter on your file, this will be kept on your file for the time period as specified in the letter. If there are any other occurences of improper behaviour during the period as stated in the disciplinary letter then they could instantly dismiss you. However, if during their investigations they do uphold Gross Misconduct then yes you could lose your job. Sorry. Good Luck. |
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vdv_desantnik
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expect to lose it, then if you dont its a bonus
good luck and hope you get through ok |
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Doethineb
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I think that you should spend this period of suspension looking around for other possibilities, as there is a distinct possibility of losing your job. Even if you don't, your cards will be marked and you might find it hard to get promotion in due course or a good reference if you want to move on elsewhere. Swearing on the shop floor is not acceptable and the fact that you two girls were fighting in front of customers for whatever reason will probably make your employers feel that they have to let you go. You don't say how long you've been in this job and how valuable you are to your employers or what the other girl's record is like and whether or not she was senior to you. For all you know, she may have something on her file. But it's not looking good from what you have told us. If you are unionised, get in touch with your union rep. |
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artsy_lovely_lady
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Start looking on craigs list. |
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GAVIN E
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Well as a shop steward, I presume you are suspended on full pay while they are investigating.
During this time of investigation, I would expect them to gather statements from witnesses.
My advice would be to arrange for your union shop steward to attend this meeting with you.
Any form of Gross misconduct can and may result in your summary dismissal.
Also failing to attend this meeting WILL result in your dismissal.
My advice to you is to expect the worse, so that you are not going to be shocked should it result in dismissal.
If it resulted in your dismissal then speak to your shop steward who will help you appeal the dismissal, if that was the result.
Good luck in your meeting. |
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Tufty Porcupine
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Well, it's a strong possibility, yes.
I hope you are in a union - if so, make sure you have representation.
You're only defence, and hopefully you will have witnesses, is that you were acting in self-defence. Although, if you swore at her in front on the public, again, that's gross misconduct territory I'm afraid. |
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yaff
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You should of reported her immediately to the police for assult, your the victim then. |
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Phil H
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Start looking for another job. Even if you go back, it will never be the same atmosphere again. |
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AAA
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It go go either way, but good luck. |
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Linds
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No it will be noted on your file though. |
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jadi
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no dont worry about it. it doesnt matter where you are, or who you work for, you have the right to defend yourself if being physically attacked.
They may organise a hearing, at which you can explain this to them. after which i would go and get myself a new job, clean slate and all that! |
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heljanash
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Did you have any witnesses to this incident? If she attacked you first, then obviously you have a good case. It may be just your word against hers. Gross misconduct is taken really seriously, so you could end up losing your job. Are you in a union, who could help you out? |
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Dave R
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Nah, just a letter in your file. I've been in fights on the floor, it's almost mandatory these days! If you get canned, file a wrongful termination suit with the Anti Defimation League or something. |
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