Irate flight passenger slaps toddler

[Natey]

I hope the kid is OK.
We will see what kind of charges are going to be filed against him next:

"An Idaho man accused of uttering a racial slur and slapping a crying 19-month-old boy on a Delta Air Lines flight is now out of a job."
- http://www.cnn.com/2013/02/18/travel/crying-boy-assault/index.html

Was his company out of line in firing him for that? e.g. could they have fired him for hitting his wife, or kicking his dog, for example? Possibility of a wrongful termination lawsuit? Or did they do it to just "distance" themselves from him?

 

[cbg]

On what basis are you seeing a wrongful termination lawsuit? What law do you believe was violated by his termination?

 

[Natey]

Granted companies can terminate any employee for any reason (employment is "at-will" ?)...

I'm thinking he might counter with "his actions on that flight did not affect his work" kinda argument.
That's why I asked if he could have been fired for hitting his wife, or kicking his dog.

 

[cbg]

Even if he does, it doesn't make the termination wrongful. There's no law that says you can't be fired for any action unless it's one that affects his work. As a former poster here used to say, you can be fired for wearing green socks if your employer wants you to wear red ones.

 

[Betty3]

Agree, see no wrongful termination here.

http://en.wikipedia.org/wiki/At-will

http://employeeissues.com/wrongful_termination.htm

 

[Michael Wechsler]

Last I saw the fired ex-employee was looking into the possibility of filing a lawsuit. If they couldn't figure that out by know, this is usually translated to mean: "I'm embarrassed, I'm trying to save face publicly by asserting that there is another side to the story and place that in the public's mind... and this is America where many run to their attorney to find some financial windfall after taking a fall."

Whether or not he may have a case in a law school example, try bringing that case to a jury. He might win and be awarded $1 in damages. I doubt any employment attorney wants this case on contingency.

 

[Betty3]

I think the ex-employee better just let well enough alone. (no lawyer would probably take the case anyway on contingency)

 

[Natey]

But some attorney out there might want to string him along, milk him out of some $$$ to go through the motion(s) in court, and eventually lose the case. Because the attorney will still get paid, regardless.
With the accused's picture all over the media, he'll have an extremely difficult time finding another job.

 

[Betty3]

Yep, he "might" be able to find an attorney if he pays him an unrefundable amount up front or pays for all services. That's one reason why he will be better off to just let it go.