A friend of mine just got fired from his job and they did not give him a reason why they fired him. We live in Arkansas but I am pretty sure we live in one of those states where a reason does not need to be disclosed for firing. What exactly is that called again? Any good websites where I can check out some more information on this subject. Also, he is claiming discrimination but I don't know what the discrimination is based on. He said he had a recorder with him recording their conversation but they did not know about this recording. I don't think he can use that anyway to his advantage either since they did not know and I think he may have been breaking some laws by doing that anyway. Am I right here or can he use this recording in any way? This isn't for legal advice by the way just for informational purposes.
Does he always record his conversations? It seems like he knew it was coming and probably knows the reason, he just doesn't want to admit to it.
He had a problem with them before. The problem was another waiter used the 'n' word openly and freely. After taking it up with the management, they blew it off. This was verified by several other waiters and employees there. He called the corporate offices of this establishment and then they contacted management at which point they began damage control. Ever since then, he has always recorded conversations between himself and management because he said they got upset that he went to corporate with his complaint.
IIRC, in Texas, only 1 party needs to know that the conversation is being recorded and that can be the person recording it.
Arkansas, like Texas, is a one-party consent state. http://www.gsblaw.com/resource/pub_result.asp?ID=17102412122006 The issue can get a bit more complicated when one party is located in a one-party consent state and the other party is located in an all-party consent state.
Wait, so he's a waiter? ****, restaurants fire people all the time. The also HIRE all the time, so if he doesn't have a new job by the end of the week, there's something wrong.
Doesn't this actually help your friend though? However, I think employment discrimination suits are very difficult to win unless you're in the 9th Circuit.
Maybe business was slowing. Maybe he sucked. Either way, he's better off finding a new job rather than wasting his time.
Worst thing to do is play the race card... What if he secretly made lewd jokes to a female employee that he didnt know offended her, so he sues the management for Discrimination when infact he is the party at fault? Wont look good for him in any way.
So, if the managers were using racial slurs against him and the reason he was fired was due to the color of his skin, the worst thing he could do is play the race card?
And if the reason he was fired WASNT for the color of his skin he will look like a huge ass for saying someone was racist against him when it was his own fault for being terminated. People need to put their race card away and look hard at yourself before blaming others. Half the time the business is firing you to protect is own ass first, yours second. Rarely does a business say "HOLY CRAP WE HAVE A (insert race) WORKING FOR US, FIRE HIM/HER NOW!". If they were TRULY racist he would have never been hired in the beginning.
There isn't a diversity issue here, so I'm not sure federal court has jurisdiction. My impression was that the states generally take care of its own employment discrimination suits.
