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Legal Question.

donald.keller
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4/30/2014 10:35:15 PM
Posted: 2 years ago
My brother works at Casey's, in the US state of Missouri, near St. Louis.

He has worked there for nearly a year, and a new employee came in. She didn't get along well with my brother and his friend, and tried starting a fight. He stayed calm, and stayed focus, ignoring her. She then called the manager, who will be named B!tchdiddie. She told B!tchdiddie that my brother was screaming at her, a claim everyone else says was fake. None-the-less, my brother was called and told to leave. He then received another call. This time, the person told B!tchdiddie that my brother hit her. My brother was fired. Employees continued saying the employee was lying.

She took no time out to ask my brother about it, or ask anyone else about it. Didn't check the cameras or try to figure out if this was a complete lie. She fired him. Now the big issue is that she has a track record of only doing this for female employees. If a male employee makes a claim, she has always checked it first, as she should, but she takes a woman's word blindly. She has shown sexist bias when hearing claims like this before. Firing a year-long worker out of blind faith in the words of a new employee on the grounds that the employee is female.

So far, me and my best friend had nothing to do with this. Suddenly, my brothers informing me that him, me, my best friend, my best friends girlfriend, and anyone associated with either of us is banned for ever stepping near Casey's. Only my brother was involved in this, and let we all got banned without a reason or a question.

What legal action can be taken here? Either from the Casey's company of from the law. This is the third time she punished him without investigating the issues, and this time he lost he job and at least 4+ others were banned because why the f*ck not. Either way, flyers are going up. But I want to know what legal closure my Brother has?
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GodChoosesLife
Posts: 3,461
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4/30/2014 10:43:11 PM
Posted: 2 years ago
I'm sorry to hear about this donald. :(
That is tough and discriminating if you ask me. And just wrong.
Hopefully someone with law background can help you out.
I'd say take them to court, but that's just me.
Let's see what someone else says or suggests.
Best wishes though in the long run!
Better than deserved, as ALWAYS.
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dtaylor971
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4/30/2014 10:51:21 PM
Posted: 2 years ago
Depends. If Casey's is a big corporation, you better steer clear.

You must check if you really want to bring this into court. It would be best if you settle this over phone. If you do bring it into court, see if the employees are willing to testify against the company and that b!tch. If they are, you have a strong case.

The best thing to do would be settle it outside of the law.
The second best thing to do would be to take it into court. Good luck in the long run, Donald.
"I don't know why gays want to marry, I have spent the last 25 years wishing I wasn't allowed to." -Sadolite
donald.keller
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4/30/2014 10:57:21 PM
Posted: 2 years ago
At 4/30/2014 10:51:21 PM, dtaylor971 wrote:
Depends. If Casey's is a big corporation, you better steer clear.

http://tinyurl.com...

You must check if you really want to bring this into court. It would be best if you settle this over phone. If you do bring it into court, see if the employees are willing to testify against the company and that b!tch. If they are, you have a strong case.

The best thing to do would be settle it outside of the law.
The second best thing to do would be to take it into court. Good luck in the long run, Donald.

The employees hate her. They will testify. They hate the new employee, and they all loved my brother. There is video tape evidence of what happened.
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dtaylor971
Posts: 1,907
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4/30/2014 11:02:44 PM
Posted: 2 years ago
At 4/30/2014 10:57:21 PM, donald.keller wrote:
At 4/30/2014 10:51:21 PM, dtaylor971 wrote:
Depends. If Casey's is a big corporation, you better steer clear.

http://tinyurl.com...

You must check if you really want to bring this into court. It would be best if you settle this over phone. If you do bring it into court, see if the employees are willing to testify against the company and that b!tch. If they are, you have a strong case.

The best thing to do would be settle it outside of the law.
The second best thing to do would be to take it into court. Good luck in the long run, Donald.

The employees hate her. They will testify. They hate the new employee, and they all loved my brother. There is video tape evidence of what happened.

Then, you must show the video tape to the manager somehow, see if he overturns his decision. If not, you have very strong evidence (not to mention you're a great debater) so you could take it into court.
"I don't know why gays want to marry, I have spent the last 25 years wishing I wasn't allowed to." -Sadolite
donald.keller
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4/30/2014 11:03:38 PM
Posted: 2 years ago
At 4/30/2014 11:02:44 PM, dtaylor971 wrote:
At 4/30/2014 10:57:21 PM, donald.keller wrote:
At 4/30/2014 10:51:21 PM, dtaylor971 wrote:
Depends. If Casey's is a big corporation, you better steer clear.

http://tinyurl.com...

You must check if you really want to bring this into court. It would be best if you settle this over phone. If you do bring it into court, see if the employees are willing to testify against the company and that b!tch. If they are, you have a strong case.

The best thing to do would be settle it outside of the law.
The second best thing to do would be to take it into court. Good luck in the long run, Donald.

The employees hate her. They will testify. They hate the new employee, and they all loved my brother. There is video tape evidence of what happened.

Then, you must show the video tape to the manager somehow, see if he overturns his decision. If not, you have very strong evidence (not to mention you're a great debater) so you could take it into court.

mmmmm money.............. I mean, Mmm Justice!
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bluesteel
Posts: 12,301
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5/1/2014 12:06:53 AM
Posted: 2 years ago
At 4/30/2014 10:35:15 PM, donald.keller wrote:
My brother works at Casey's, in the US state of Missouri, near St. Louis.

He has worked there for nearly a year, and a new employee came in. She didn't get along well with my brother and his friend, and tried starting a fight. He stayed calm, and stayed focus, ignoring her. She then called the manager, who will be named B!tchdiddie. She told B!tchdiddie that my brother was screaming at her, a claim everyone else says was fake. None-the-less, my brother was called and told to leave. He then received another call. This time, the person told B!tchdiddie that my brother hit her. My brother was fired. Employees continued saying the employee was lying.

She took no time out to ask my brother about it, or ask anyone else about it. Didn't check the cameras or try to figure out if this was a complete lie. She fired him. Now the big issue is that she has a track record of only doing this for female employees. If a male employee makes a claim, she has always checked it first, as she should, but she takes a woman's word blindly. She has shown sexist bias when hearing claims like this before. Firing a year-long worker out of blind faith in the words of a new employee on the grounds that the employee is female.

So far, me and my best friend had nothing to do with this. Suddenly, my brothers informing me that him, me, my best friend, my best friends girlfriend, and anyone associated with either of us is banned for ever stepping near Casey's. Only my brother was involved in this, and let we all got banned without a reason or a question.

What legal action can be taken here? Either from the Casey's company of from the law. This is the third time she punished him without investigating the issues, and this time he lost he job and at least 4+ others were banned because why the f*ck not. Either way, flyers are going up. But I want to know what legal closure my Brother has?

Missouri law:

"1. It shall be an unlawful employment practice:(1) For an employer, because of the race, color, religion, national origin, sex, ancestry, age or disability of any individual:(a) To fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, national origin, sex, ancestry, age or disability," Mo. Stat. " 213.055.

Federal law: 42 U.S.C. 2000e-2 [also known as "Title VII"] (same exact language as the state law).

Proof that a manager fully investigated claims made by men against [men or women], but NOT claims made by *women* against men might be found to constitute sex discrimination. Title VII has lots of nice remedies and offers attorney's fees if you win. It may be worth contacting an attorney. Fees mean they are more likely to take the case. Writing up a summary of the facts and a list of people who will testify that they were likewise discriminated against would be helpful when pitching your case.

I'm assuming he was not a contract employee (he was an at-will employee most likely). Did he sign a contract? If not, he only has the discrimination claim. But if so, there may have been a breach of contract. Companies generally require internal investigations with certain procedures before a termination, so I'd need to see the contract if he signed one. This claim would depend on the contract wording.

There is probably no claim for them banning you from the store. Businesses have the right to refuse service to anyone. For any reason. (other than race, gender, religion and in some states -- disability or sexual orientation).

Disclaimer: this is my opinion. This is not legal advice. I am not a lawyer. I am only in law school.
You can't reason someone out of a position they didn't reason themselves into - Jonathan Swift (paraphrase)
bluesteel
Posts: 12,301
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5/1/2014 12:08:53 AM
Posted: 2 years ago
Also, the advice that: you are smart, take this to court yourself is incredibly stupid. There are complex rules of evidence and procedure and if you don't follow them, you can automatically lose or have key evidence excluded. Pro se litigants (who represent themselves) statistically do not fair very well in court.

Also, donald is not allowed to represent his brother in court anyway. He'd have to be an attorney. You have a right to represent *yourself*, not friends or family.
You can't reason someone out of a position they didn't reason themselves into - Jonathan Swift (paraphrase)