Showing posts with label wrongful termination. Show all posts
Showing posts with label wrongful termination. Show all posts

Friday, May 21, 2010

2 DWP Utility Crew Workers Face Possible Termination for Misconduct and Negligence

Two utility crew workers are at risk of being terminated by the Department of Water and Power after being caught on video drinking beer while driving a government utility vehicle and spending some time on a strip club to pass time while on the job.

The videos were caught by CBS2 investigative reporters who followed different DWP employees buying liquor and drinking it on their van and spending about two hours inside Alameda Strip – a strip club in Alameda Street.

DWP general manager Austin Beutner said yesterday that the termination process of the two employees has already started and they are also investigating the other employees shown on the video.

The DWP should make sure that due process is given to the employees even if there is incriminating evidence about their misconduct during working hours.

As much as due process is for the benefit of the caught employees, it is also for the employer’s advantage to not rush any decision.

I am pretty sure that they have policies in place to handle these situations and they should be followed.

If the DWP management fails to comply with their own procedures, the fired employees may cry wrongful termination due to not being given their right to due process.

Although the DWP can still defend against such lawsuit, they would still have to spend effort and resources to fight against it.

So DWP can save itself additional headache by following their own rules and regulations.

Wednesday, November 4, 2009

School Superintendent Admitted to Romance with Elementary Principal

A Mountain View Whisman School district superintendent admitted to having romantic relations with a district principal.

Maurice Ghysels did not disclose though, how long his relationship with Carmen Mizell has been going on, claiming that it’s “a personal matter.”

Carmen Mizell is the principal of Edith Landels Elementary.Both Ghysels and Mizell are going through divorces with their current spouses.

They informed the school board last July; Ghysels through a phone call and Mizell thorugh a letter.

The board then discussed the implications of the relationship including possible conflicts of interest.

The district’s action was to change the administrative structure by removing Mizell under the direct supervision of Ghysels. Her new supervisor would be Superintendent Mary Lairon, who incidentally is reporting directly to Ghysels.

There is no policy concerning personal relationships but the board admitted to at least avoiding it in practice.

Here is an example of what we can use to differentiate sexual harassment from sexual misconduct.

There is no basis for a sexual harassment in this case since Ghysels never created a hostile working environment and Mizell never claimed to have received unwelcome sexual acts.

However, since Ghysels engaged in a sexual relationship with a subordinate, there may be cause for sexual misconduct.

Sexual misconduct though is not illegal in nature, but it is often against professional codes of ethics.

If the board had a policy for this, then it could have caused him his job.

But since the board admitted that there is none, they will just have to be content in frowning upon the act and make moves to avoid conflict of interests.

Otherwise, if they fire Ghysels, it may be a cause for a wrongful termination lawsuit.

Friday, October 10, 2008

Reaching the Boiling Point

With the continuous downfall of the economy, many businesses are forced to shut down to minimize greater losses or stop incurring more losses. Every day we hear hundreds of workers being fired due to many reasons. Recently, mass lay offs are caused by the financial crisis.

While business closure may benefit employer, it may also lead to disadvantageous consequences. One consequence would be the bombardment of wrongful terminations suits by the employees.

However, employers may prevent a possible termination suit if they have adopted mechanisms starting at the hiring of their employees. Manner of termination or standard procedures during reversible losses may have been embodied in the employment agreements.

My heart goes out to all workers whose jobs have been jeopardized due to this crisis that may have been prevented from the very start. If only those people responsible have done their job, none of this should have happened.

I know it is already late to point finger. The damage had already been done and trust me it will have a long chilling effect on the public as a whole.

I am sure we have learned our lesson. It is sad though to have learned it this way – the hard way.

Wednesday, June 27, 2007

Fight for Your Livelihood

Most of us spend most of our lives working. A lot of us even define themselves by the work that they do. It is usual to see people or employees stay with one employer for many years.

Necessity is usually the factor that keeps an employee tied to his employer, slaving days and sometimes even nights to keep his job security. This is why, you cannot imagine the devastation that an employee suffers if he or she is suddenly left without livelihood for reasons not of his own doing.

Wrongful termination can take many forms. It could be due to sexual harassment or discrimination due to age, race or sex. Others maybe wrongfully terminated by their employers on the ground of retaliation for whistle blowing or even due to pregnancy discrimination.

If you have been wrongfully terminated, you have the right to fight back. All you need to do is seek an expert wrongful termination lawyer like the lawyers of the Mesriani Law Group to champion your case.

If it is proven that you are actually wrongfully terminated by your unjust and iniquitous boss, you may be able to recover compensatory damages, punitive damages, back pay, front pay and costs. Also, if you have been a victim of discrimination, harassment or some form of whistle blowing, you may even recover attorney’s fees.