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My daughter had 2 coworkers who were recently fired. 1 was totally unjustified, in her opinion. The girl had friction with her boss, who kicked her out, into the rain & wouldn’t let her get her purse & other belongings.
I don’t know details but I suspect a certain amount of ethnic tension. They are from nations generally not on good terms. But such things are nearly impossible to prove.
The second girl fired is a friend of my daughter. She is wanting to file a labor dept complaint on 1st girl’s behalf, not for herself. 1st girl, injured party, is not taking part.
This is in North Carolina. Labor laws generally favor employers & cases can be hard to win at best. I don’t think they ca get very far without the injured party being part of the action.
Has anyone seen similar situations?
I thought the best action would have been to call the sheriff & get an officer to escort her into the building to get her belongings. Of course, it happened so fast, the girl might not think of it.
I think severance pay & return of her property, which has probably been disposed of or stolen.
I really don’t see much they can do but told her I would put it out there.
Severance pay is not legally required or mandated. Are you sure the personal belongings weren't mailed to the former employee? If they weren't, has anyone contacted HR? You can file a complaint. Maybe she'll get some recourse.
If they kept or threw away her personal belongings and she could prove that, that wouldn't be a Labor Department issue, that would a civil or even criminal complaint filed with the local authorities.
This sounds like some type of entry level job, correct? If so, I would simply move on and chalk it up as a learning opportunity.
Having been involved in the termination of a number of employees, and the resulting rumor mill that put forth false information, my first thought is that your daughter doesn't have any idea what happened, and you both need to stay out of it. If the fired party thinks she has some type of labor case, the onus is on her to report it.
Law enforcement is not going to march anyone into a private business in order to collect property.
The employee whose property was not returned can file in small claims court. This situation is not covered by either state or federal employment law. If the "severance pay' is unpaid earned wages usually the state 'labor board' is the most efficient in recovering unpaid wages.
The second girl fired is a friend of my daughter. She is wanting to file a labor dept complaint on 1st girl’s behalf, not for herself. 1st girl, injured party, is not taking part.
This is in North Carolina. Labor laws generally favor employers & cases can be hard to win at best. I don’t think they ca get very far without the injured party being part of the action.
The aggrieved party must file any action/complaint, anyone else would be without legal Standing.
Quote:
I thought the best action would have been to call the sheriff & get an officer to escort her into the building to get her belongings. Of course, it happened so fast, the girl might not think of it.
The Sheriff/deputy has no force of law to demand that, but can simply make a request to the employer.
It appears NC small claims division permits Replevin actions, meaning a plaintiff can demand the return of property, instead of $ value, depending what the Plaintiff wishes.
You both need to mind your own business and stay out of it.
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