As seen on the Twitter:
So if we accept everything here to be true, a coworker filed a false complaint because of a personal slight, leading to this guy getting fired and treated like a criminal, even though his manager knew that he was getting screwed.
Of course, the whole being escorted off the premises by police and sent home in a Lyft is probably corporate policy that must occur under these circumstances.
In addition to this humiliation, as he looks for new employment, I can only imagine how this will affect his ability to get a job. “Why did you leave your last job” is a common question in hiring applications. There is no way to answer that in a way that looks good.
I’m not sure if he could sue the former co-worker for slander, and that would require him to hire a lawyer first, which is no small financial feat.
So if an angry co-worker can mess up a guy’s life just by falsely reporting him to their employer, how much worse can it get by falsely reporting someone to the police.
Consider what we’ve seen with SWATing. We can expect the same people who would be inclined to SWAT someone abusing Red Flag laws.
We need a way to deal with these nutjobs before they kill a lot of people. But giving other nutjobs the ability to use the law to destroy innocent people’s lives is not a fix.
IANAL but neither is this there any protection for this nitwit accuser or the company. A good lawyer would own this nitwit and this company completely. Also, I would file suit against the company and the individual for deprivation of rights under color of law.
IANAL, either, but I have made lotsa payments on my attorney’s nice, nice car for him. Both what Spamtrap said, alleging defamation, libel, slander, tort-level interference on the part of Mr. Snowflake in the employment relationship, BUT WAIT! there is also the “lawfare” possibilities to consider. Once Mr. HR gets PERSONALLY sued, as well as Mr. Snowflake, well, the victim will indeed have their attention. Once that dust has settles, then personally sue their supervisors. Then the corporation.
In The Unnamed Midwest State, some attorneys will take some cases on a contingency fee basis. In such a case, they might reverse the order of service.
Not a lawyer, buy this is easily a more open and shut case than the one Vic Mignonia is currently going through. A half decent lawyer would see him in ownership of the company and the squealer, easy.
Off topic:
So the corporate policy is to put a potentially dangerous, unstable person in a Lyft? Because screw that driver. “Howdy, stranger. Here’s a whackjob that may go postal at any minute; best of luck.” /s
Till it hits the bottom line, they will not think abut it.
‘All while 3 techs were standing closer’
These 3 techs can resolve the question of yes or no on ‘brandishing’, not high probability that all 3 will be willing to perjure themselves. I wonder if HR checked with them.
IANAL, but dealt with legal system.
If the guy’s story is true, the first step is to go to a lawyer (actually, if possible, more than one firm). First consult is (usually) free.
If a bunch of law firms refuse to take the case, then positive outcome is not likely. If a bunch of firms gladly take the case on contingency, than you are golden.
For this guy just one firm’s agreeing to contingency is enough, as all the aggravations of the lawsuit are outweighed by lost future earnings due to smeared reputation.
If the firms agree to take the case, but not on contingency, than the case is more complicated than described. A lot is dependent on state’s laws and the employment agreemed. Not much can be extracted from Snowflake, the profits come from employer.
Oh, and if the lawfirms told you that there is no legal recourse, you have state representatives and senators. Contact each and every one of them. It does work in some cases.
Red Flag laws need to include specific punishments for people who make accusations with no backing evidence. Taking it at face value, as you say, the accused is likely going to be unemployed and unemployable for a long time. Maybe for the rest of his life. Because of that the accuser should be punished by an equal time in prison and a big fine if it proves to be false.
Further, whoever punishes the person unjustly, be it law enforcement or the HR department in this company – by individual as well as corporation – should get equal punishment. I don’t know if the penalties for “deprivation of rights under color of law” are severe enough.
No removal of rights, no firing, no nothing, without hearings that allow for witnesses, evidence and the whole nine yards. Even that’s an unreasonable burden on the accused.
Seems pretty obvious to me if Ritenour had actually done this and the “victim” were in danger, the “victim” would have gone to the police and not waited until Ritenour got back to home base for HR to take care of it.
Without a police report and three witness statements attached I presume the claim to be an outright lie.
Lawyer up, and make the rubble bounce.
Then, salt the ground. With polonium. So generations yet unborn may take a lesson.
This is absolutely actionable. Lawyer up.
Else,
Find this fuckwad and kneecap him. Honestly, what else is there to lose?
I’ve seen dickweeds like this ruin peoples lives over and over.
Make. Them. Pay.
Remember, they are not stupid or misguided.
They are EVIL, and they want to destroy you.
NEVER forget that.
My brother is a lawyer and my sister is a judge. You can own these people. I mean OWN!